Santa Fe Springs ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Santa-Fe-Springs-04-14-2017.pdf

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K R N WAR N R ASSOCIATS

April 11, 2017

Paul McDougall, Manager

Division of Housing Policy Development

Dept of Housing and Community Development 2020 W. El Camino, Suite 500

Sacramento, CA 95833

Re: City of Santa Fe Springs Adopted ADU Ordinance

Dear Paul,

On behalf of the City of Santa Fe Springs, I am pleased to submit the City’s adopted ADU Ordinance. The City’s Ordinance addresses new requirements under SB 1069 and AB 2299, and makes provisions for the creation of junior ADUs pursuant to AB 2406. Please feel free to contact me at (626) 791-5596 with any questions or comments, or the City’s Planning Director Wayne Morrell at (562) 868-0511 ext 7362.

Thank you,

Karen A. Warner, AICP Principal

882 f\i. Holliston Ave. Pasadena. CA 91104 626-791-5596 KWar nerAssoc@yahoo.com

CITY OF SANTA FE SPRINGS RESOLUTION NO. 61-2017

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA FE SPRINGS RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS APPROVE AND ADOPT AN ORDINANCE AMENDING SANTA FE SPRINGS MUNICIPAL CODE, TITLE 15 (LAND USE), CHAPTER 155 (ZONING), SECTION 155.003, SECTION 155.062, 155.092, 155.644 AND ADDING SECTION 155.644.1, TO IMPLEMENT NEW STATE LEGISLATIVE MANDATES RELATED TO THE REQUIREMENTS AND DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS

WHEREAS, the State of California enacted Government Code Section

65852.2 in 1982, establishing a mandate that every local agency adopt provisions for permitting secondary dwelling units (ADUs). The intent of the legislation was to encourage housing for extended family members and to increase the availability of rental housing; and

WHEREAS, in 2003, AB 1866 was adopted, requiring all local governments to allow secondary dwelling units within single-family residential zones; and

WHEREAS, most recently, in February 2016, Senator Wieckowski introduced Senate Bill 1069 and Assembly member Bloom introduced Assembly Bill 2299 which proposed specific amendments to State law to promote the production of secondary dwelling units, herein forth referred to as “accessory” dwelling units; and

WHEREAS, also in 2016, Assembly member Thurmond introduced AB 2406 to add provisions for the creation of junior accessory dwelling units (JADUs). All three of these bills ultimately passed and became law; and

WHEREAS, collectively, these bills require a local government to ministerially approve ADUs if the units complies with certain parking requirements, establishes maximum size and setback requirements; allows ADUs in the R-1 Single-Family Residential Zone District and R-3 Multiple-Family Residential Zone District; allows JADUs in the R-1 Single-Family Residential Zone Districts; and prohibits a local government from adopting an ordinance that precludes ADUs; and

WHEREAS, Santa Fe Springs’ existing Municipal Code provisions applicable to accessory dwelling units (Section 155.644) are affected by this legislation because to the extent that a local ordinance imposes requirements beyond those specifically allowed by State law, those local provisions will be superseded beginning January 1, 2017; and

WHEREAS, the proposed amendments to the Santa Fe Springs Municipal Code, Title 15 (Land Use), Chapter 155 (Zoning), Section 155.003 (Definitions),

    1. (Accessory Uses-R-1 Single-Family Residential Zone District), 155.092 (Accessory Uses-R-3 Multiple-Family Residential Zone District), 155.644

(Accessory Dwelling Jnits), and the addition of Sect1u11 155.644.1 (Junior Accessory Dwelling Units), will achieve compliance with state legislative requirements under SB 1069, AB 2299 and AB 2406.

WHEREAS, after study and deliberation by the Department of Planning and Development, the City has prepared for adoption the proposed amendments; and

WHEREAS, the Santa Fe Springs Municipal Code section 155.834 and California Government Code section 65854 require the Planning Commission and City Council to conduct a public hearing on the proposed amendments to the Santa Fe Springs Municipal Code; and

WHEREAS, notice of the Public Hearing was given as required by law; and

WHEREAS, the Planning Commission held a public hearing on February 6, 2017, on the proposed amendments to the Santa Fe Springs Municipal Code, and considered the testimony received at said Public Hearing; and

NOW, THEREFORE, IT BE RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF SANTA FE SPRINGS DOES HEREBY RESOLVE, DETERMINE, AND ORDERS AS FOLLOWS:

SECTION 1: Following a public hearing noticed and conducted in compliance with all applicable law, and pursuant to all laws applicable to the responsibilities of the Planning Commission with respect to the subject matter hereof, the Planning Commission recommends that the City Council adopt Ordinance 1084 attached hereto as Exhibit A.

SECTION 2: Based on the oral and written evidence presented at such hearing, the Planning Commission hereby find and determine that the adoption of such Ordinance is in the public convenience, interest and necessity.

SECTION 3: The Planning Commission find that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 4: The proposed amendment is consistent with the City’s adopted General Plan and Housing Element Goals and Policies. It establishes definitions and standards to implement new State requirements for accessory dwelling units (ADUs) intended to further reduce barriers, better streamline approval, and expand capacity to accommodate the development of ADUs. With the adoption of the new Ordinance, the proposed amendment will indirectly provide assistance to lower income households in the City of Santa Fe Springs, and will bring the City further into compliance with the goals and policies cited in the City’s Housing Element.

SECTION 5: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of 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 adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6: The Commission Secretary shall certify to the adoption of this Resolution.

PASSED AND ADOPTED this 6th day of February, 2017.

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C:\Users\wmorrell\Documents\Ordinances\Ordinance No. 1084 Accessory Dwelling Units/ PC Resolution 612017

Ordinance 1084 Accessol)I Dwelling Unlts/113012017 4:27:04 PMIWMM

ORDINANCE N0.1084

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS AMENDING SANTA FE SPRINGS MUNICIPAL CODE, TITLE 15 (LAND USE), CHAPTER 155 (ZONING), SECTION 155.003 (DEFINITIONS), SECTION 155.062 (ACCESSORY USES R-1 DISTRICT), 155.092 (ACCESSORY USES R-3 DISTRICT), 155.644 (ACCESSORY DWELLING UNITS) AND ADDING SECTION 155.644.1 (JUNIOR ACCESSORY DWELLING UNITS), TO IMPLEMENT NEW STATE LEGISLATIVE MANDATES RELATED TO THE REQUIREMENTS AND DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS

THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 155.003 (Definitions) of Title 15, Chapter 155 of the Santa Fe Springs Municipal Code is hereby amended by adding the following definitions:

§ 155.003 DEFINITIONS

ACCESSORY DWELLING UNIT. Either a detached or attached 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 or parcels as the primary unit is situated. An accessory dwelling unit also includes the following:

      1. An efficiency unit, as defined in California Health and Safety Code Section 17958.1.

      2. A manufactured home, as defined in California Health and Safety Code Section 18007.

CAR SHARE LOCATION. A model of car rental where people rent cars for short periods of time, often by the hour, with a designated pick up and drop off location. The organization renting the cars may be a commercial business or the users may be organized as a company, public agency, cooperative, or ad hoc grouping.

JUNIOR ACCESSORY DWELLING UNIT. An independent living unit created through the conversion of an existing bedroom in a single-family dwelling. Junior accessory dwelling units are distinguished frcim accessory dwelling units in that they: (a) must include the conversion of an existing bedroom(s) within a single-family dwelling (no new or additional-building area); (b) are smaller in size (maximum size of five hundred

(500) square feet); (c) contain either independent or shared bathroom facilities; and (d} are subject to unique standards that are not applicable to accessory dwelling units.

LIVING AREA. The interior habitable area of a dwelling unit including basements and attics but not including a garage or any accessory structure.

PASSAGEWAY. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

SECOND UNIT. The same as “accessory dwelling unit.”

Ordinance No. 1084-Accessory Dwelling Units Page 2

SECTION 2. Section 155.062 ACCESSORY USES is hereby amended to add thereto new subsection (N) so that subsection (N) reads as follows:

§ 155.062 ACCESSORY USES.

(N) Accessory Dwelling Units in accordance with the provisions of § 155.644.

SECTION 3. Section 155.062 ACCESSORY USES is hereby amended to add thereto new subsection (0) so that subsection (0) reads as follows:

§ 155.062 ACCESSORY USES.

(0) Junior Accessory Dwelling Units in accordance with the provisions of § 155.644.1.

SECTION 4. Section 155.092 ACCESSORY USES is hereby amended to add thereto new subsection (J), so that subsection (J) reads as follows:

§ 155.092 ACCESSORY USES.

(J) Accessory Dwelling Units in accordance with the provisions of Chapter § 155.644.

SECTION 5. Section 155.644 of Title 15, Chapter 155 of the Santa Fe Springs Municipal Code is hereby revised in its entirety to read as follows:

§ 155.644 ACCESSORY DWELLING UNITS

  1. Intent.

    1. In enacting this section, it is the intent of the city to encourage the provision of accessory dwelling units to meet a variety of economic needs within the city and to implement the goals, objectives, and policies of the housing element of the General Plan. Accessory dwelling units provide housing for extended family members, students, the elderly in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create accessory dwelling units can benefit from added income, and an increased sense of security. Allowing accessory dwelling units in residential zones provides needed additional rental housing. This section provides the requirements for the establishment of accessory dwelling units consistent with Cal. Government Code §§ 65852.2.

  1. Administrative review.

All accessory dwelling unit applications shall be approved by the Director of Planning and Development and a permit issued within 120 days upon presentation of an application to build an accessory dwelling unit if the plans conform to the standards and criteria provided In division (C) of this section.

Ordinance No. 1084-Accessory Dwelling Units Page 3

  1. Accessory dwelling unit standards. The following standards and criteria shall apply to the creation of an accessory dwelling unit:
    1. The accessory dwelling unit shall be allowed only on a lot or parcel in the R-1, Single-Family Residential Zone which is developed only with an existing detached single­ family dwelling, or in the R-3 Multiple-Family Residential Zone which is developed with an existing residential dwelling.

    1. There shall not be more than one accessory dwelling unit per lot or parcel, except that no accessory dwelling unit shall be allowed on any lot or parcel where a guest house or residential facility as defined in Cal. Health and Safety Code § 1502(a)(1) serving six or fewer persons exists.

    1. An accessory dwelling unit that conforms to the development standards of this section Is deemed to be an accessory use and/or structure and will not be considered to exceed the allowable density for the lot upon which it is located.

    1. The lot or parcel proposed for the accessory dwelling unit must contain a minimum area of 5,000 square feet.

    1. The accessory dwelling unit may be attached to or located within the living area of the primary dwelling, or detached from the primary dwelling.

      1. The maximum floor area for an attached accessory dwelling unit shall not exceed 50% of the existing habitable area of the primary residence, not to exceed 640 square feet.

      2. The maximum floor area for a detached accessory dwelling unit shall not exceed 640 square feet and shall not exceed one bedroom.

    1. The accessory dwelling unit shall comply with all of the property development standards applicable to the specific zone in which it is located. ·

      1. 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 from the side and rear lot lines shall be required for an accessory dwelling unit constructed above a garage.

    1. The accessory dwelling unit shall comply·with all building, safety, fire and health codes, and all other applicable laws and regulations. Accessory dwelling units are not required to provide fire sprinklers If sprinklers are not required for the primary dwelling unit.

    1. The accessory dwelling unit shall be designed to be architecturally compatible with the primary dwelling. A site plan, elevations and floor plan depicting said architectural compatibility shall be submitted to the Director of Planning and Development for review and approval prior to the issuance of any building permits.

    1. To maintain the residential character of the neighborhood, there shall not be more than one exterior entrance on the front or on any street-facing side of the accessory dwelling unit. Additionally, no exterior stairway shall be located on the front or on any

Ordinance No. 1084-Accessory Dwelling Units Page 4

street-facing side of the accessory dwelling unit. No passageway shall be required in conjunction with construction of an accessory dwelling unit.

    1. Manufactured housing Is allowed in compliance with the provisions herein; however, mobile homes, trailers and recreational vehicles shall not be used as accessory dwelling units.

    1. In addition to all other required off-street parking, parking requirements for accessory dwelling units shall not exceed one space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway. Parking may also be located in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that such parking is infeasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the city. No parking shall be required for an accessory dwelling unit in any of the following instances:

      1. The accessory dwelling unit is located within one-half mile of public transit.
      2. The accessory dwelling unit Is located within an architecturally and historically significant historic district.
      3. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
      4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
      5. When there Is a car share vehicle located within one block of the accessory dwelling unit.
    1. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the city requires that those off-street parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as enclosed or covered spaces, uncovered spaces, tandem spaces, or by the use of mechanical automobile parking lifts.

    2. The owner of the property on which the accessory dwelling unit is located shall reside in either of the dwelling units on the property as his/her/their principal residence. This Is a perpetual requirement that runs with the land, and a restrictive covenant establishing this requirement shall be recorded prior to occupancy of the accessory dwelling unit.

    1. The accessory dwelling unit may be rented for terms of at least 30 days or more, but shall not be sold or owned separately from the primary dwelling.

    1. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.

(a) For attached units or units located within the living area of the existing dwelling and located within a single-family zone, the city shall not require the applicant to Install a new or separate utility connection between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge.

Ordinance No. 1084-Accessory Dwelling Units Page 5

(b) For detached units or units within multi-family zones, the city may require a new or separate utility connection directly between the accessory dwelling unit and the utility. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system based upon either its size or the number of its plumbing fixtures, and may not exceed the reasonable cost of providing the water or sewer·service.

  1. The provisions of this section shall not apply to any accessory dwelllng units for which the city Issued conditional use permits prior to the effective date of this section.

  1. The accessory dwelling unit shall only be allowed if a determination is made by the City Engineer that adequate infrastructure capacity is available to serve the accessory dwelling unit, including but not limited to, sewer, water and traffic capacity.

  1. A deed restriction, In a form satisfactory to the City Attorney, shall be recorded with the County Recorder to evidence and give notice of the requirements of this section.

SECTION 6. Title 15 of Chapter 155 of the Santa Fe Springs Municipal Code is hereby amended to add new section 155.644.1: JUNIOR ACCESSORY DWELLING UNITS

§ 155.644.1 JUNIOR ACCESSORY DWELLING UNITS

  1. Intent.

    1. In enacting this section, It is the intent of the city to support the conversion or re-purposing of an existing bedroom(s) into an additional dwelllng unit within a single­ family dwelling to: a) more efficiently use and expand the existing housing stock; b) promote opportunities for house sharing, particularly among the age-in-place senior population; and c) expand affordable rental housing in the community.

  1. Administrative review.

All junior accessory dwelling unit applications shall be approved by the Director of Planning and Development and a permit issued within 120 days upon presentation of an application to provide a junior accessory dwelling unit if the plans conform to the standards and criteria provided in division (D) of this section.

  1. Junior accessory dwelling unit standards. The following standards and criteria shall apply to the creation of a junior accessory dwelling unit:
  1. A maximum of one junior accessory dwelling unit shall be permitted per residential lot containing a single-family dwelling. Junior accessory dwelling units are not required to meet the density requirements of the general plan or zoning ordinance.

    1. The property owner shall occupy either the main single-family dwelling or the junior accessory dwelling unit.

Ordinance No. 1084-Accessory Dwelling Units Page 6

  1. The junior accessory dwelling unit may be rented for terms of at least 30 days or more, but shall not be sold or owned separately from the single-family dwelling.

  1. The junior accessory dwelling unit must be created within the existing walls of an existing single-family dwelling and must Include the conversion of an existing bedroom(s) and ancillary spaces.

  1. The junior accessory dwelling unit shall not exceed five hundred (500) square feet in size.

  1. The junior accessory dwelling unit shall include a separate entrance from the main entrance to the single-family home with an interior entry to the main living room. The junior accessory dwelling unit may include a second interior doorway for sound attenuation.

  1. The junior accessory dwelling unit shall include a food preparation area, requiring and limited to the following components:

    1. A sink with a maximum width and length dimensions of sixteen inches (16″) and a maximum waste line diameter of one-and-one-half inches (1.5′);
    2. A cooking facility with appliances that do not require electrical service greater than one hundred twenty (120) volts or natural or propane gas; and

    3. A food preparation counter and storage cabinets which do not exceed six feet (6′) in length.
  1. No additional off-street parking is required beyond that required for the main single-family dwelling. The main single-family dwelling must meet the current off-street parking standard in effect at the time the junior accessory dwelling unit is approved.

  1. Utility service. A separate water connection or meter, and a separate sewer service connection are not required for a junior accessory dwelling unit. Water and sewer service for the junior accessory dwelling unit is shared with the main single­ family dwelling unit.

  1. Prior to obtaining a building permit for the junior accessory dwelling unit, a deed restriction, in a form satisfactory to the City Attorney, shall be recorded with the County Recorder to evidence and give notice of the requirements of this section.

SECTION 7. This Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change In the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 8. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the