Santee ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Santee-03-17-2017.pdf

MAYOR

John W. Minto

CITY OF SANTEE

 

March 9, 2017

HOUSI NG A N D CO M M U N I T Y D E VE LOP MC: lt 7 O F F I C E O F TH E DI R E C T O R

Department of Housing and Community Development Office of the Director

2020 W. El Camino Avenue #500 Sacramento, CA 95833

RE: ADOPTION OF ACCESSORY DWELLING UNIT ORDINANCE

Dear Ben Metcalf,

On February 22, 2017, the City of Santee adopted an ordinance amending Title 17 of the Santee Municipal Code related to accessory dwelling units, farmwor ker housing and associated minor revisions. The ordinance is attached for your review.

Please contact me at (619) 258-4100, extension 157 or crios@cityofsanteeca.gov if you have any questions.

Respectfully,

Christina Rios Associate Planner

Attachment: Ordinance No. 546

1060 1 Magnolia Avenue Santee, California 9207 1 (619) 258-4100 www.cityofsanteeca.gov

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA, AMENDING TITLE 17 OF THE CITY OF SANTEE MUNICIPAL CODE,

CHAPTER 17.04 TITLED “ADMINISTR ATION”, CHAPTER 17.08 TITLED “DEVELOPMENT REVIEW”, AND CHAPTER 17.10 TITLED “RESIDENTIAL DISTRICTS”, TO COMPLY WITH STATE REQUIREMENTS FOR SECONDAR Y DWELLING UNITS, AND FARMWORKER HOUSING, AND TO MAKE ASSOCIATED MINOR REVISIONS FOR CLARITY AND CONSISTENCY

WHEREAS, on September 27, 2016, Senate Bill 1069 (SB 1069) and Assembly Bill 2299 (AB 2299) were adopted which amend Government Code Section 65852.2 regarding accessory dwelling units; and

WHEREAS, on January 1, 2017, SB 1069 and AB 2299 became effective and authorize local agencies to amend the accessory dwelling unit development regulations to comply with the new State Legislation including, but not limited to, the permit process, floor area, parking, and setbacks; and

WHEREAS, the term “second dwelling unit” shall now be referred as “accessory dwelling unif’ and defined as a residential dwelling unit that is detached from, attached to, or located within the living area of a primary dwelling unit, and that provides independent living facilities for one or more persons, and that includes provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home as defined in California Health and Safety Code Section 18007; and

WHEREAS, the proposed amendments are intended to allow for additional rental housing stock, provide housing for seniors, students, and family members, provide affordable housing, provide housing for those seeking living quarters in high opportunity areas, and provide additional income for homeowners who rent accessory dwelling units; and

WHEREAS, the proposed amendments to Santee Municipal Code Chapters 17.04, 17.08, and 17.10 are intended to ensure consistency within Title 17, clarify standards for auxiliary structures, ensure compliance with state law regarding farmworker housing, and to correct outdated references; and

WHEREAS, the proposed amendments are in compliance with SB 1069 and AB 2299 and in accord with the Housing Element of the Genera! Plan to facilitate timely building permit and development plan processing for residential construction (Policy 6.3), promote efficient and creative alternatives to help reduce government constraints (Policy 6.1), and the character of residential neighborhoods will not be adversely affected because accessory dwelling units will be required to be architecturally compatible with the existing primary residence in terms of scale, design, color, and materials.

NOW, THEREFORE, the City Council of the City of Santee, California, does ordain as follows:

SECTION 1.The City Council finds that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15282 (h) because the adoption of an ordinance to implement the provisions in Government Code Section 65852.2 regarding accessory dwelling units in residential zones is exempt from

the provisions of CEOA. In addition, the proposed amendments related to farmworker housing are exempt from the provisions of CEQA pursuant to CEQA Section 15061(b)(3), which is the general rule that CEQA does not apply to activities that do not have a potential for causing a significant effect on the environment.

SECTION 2.The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

SECTION 3.The City Council hereby amends Title 17 of the Santee Municipal Code with the following additions and deletions to Chapters 17.04 “Administration”, 17.08 “Development Review”, and 17.10 “Residential Districts” to read as follows (Strikethrough text is to be deleted; underlined text is to be added; all other provisions remain the same):

Chapter 17.04 Administration

Certain definitions in Section 17.04.140 subsection (C) are is-added or amended to read as follows:

17.04.140 Definitions

“Aooessory units” means a d’.velling unit, attaehed to a primary residenee. providing eomplote. independent living faeilities for no more than two persons ineluding permanent provisions for living, sleeping, eating, oool<i ng and sanitation. and having onlv one l itohen.

“Accessory dwelling unit” means a residential dwelling unit that is detached from, attached to, or located within the living area of a primary dwelling unit that provides independent living facilities for one or more persons, and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes an efficiency unit. as defined in California Health and Safety Code section 17958.1, and a manufactured home, as defined in California Health and Safetv Code section 18007.

“Agricultural Employee Housing” means employee housing as defined by Sections 17008, 17021.5. and 17021.6 of the Health and Safetv Code.

“Seoondary dwelling unit” means an attaohed or detaohed residential dwelling whioh provides oomplete living faoilities for one er more persons. It shall inolude permanent visiGRs for living, sleepifl§, eating, and eoel<ing, sanitation, and shall be no smaller

than one hundred fifty square feet and no larger than six hundred square feet.

“Structure. attached residential accessory” means a subordinate. non-habitable structure that is incidental and attached to the main dwelling on the same lot. Attached residential accessory structures would include, but not be limited to. garages, carports. unenclosed covered patios, pergolas, workshops, and storage structures.

“Structure, auxiliary” means a subordinate building or structure which is incidental and not attached to the main building or use on the same lot. If an auxiliary building is attached to the main building or if the roof is a continuation of the main building roof, the auxiliary building shall be considered an addition to the main building. An auxiliary struoture would inolude, but not be limited to, garages, workshops, storage struetures and oontaineFS, oabanas, gazebos and enelosed patios.

“Structure. detached residential accessory” means a subordinate, non-habitable structure that is incidental and not attached to the main dwelling on the same lot. Detached residential accessory structures would include, but not be limited to, garages, carports, unenclosed covered patios, pergolas. workshops, sheds. gazebos. cabanas. and storage structures.

“Structure. habitable” means a structure for living, sleeping, and/or cooking.

“Structure. non-habitable” means a structure not for living, sleeping, and/ or cooking. Non-habitable structures would include, but not be limited to garages. carports, unenclosed covered patios, pergolas. workshops, sheds, gazebos. cabanas, and storage structures.

Chapter 17.08

Section 17.08.020 subsectionsIA) and (B) are amended to read as follows:

      1. Projects requiring development review

        1. An application for development review is required for commercial, industrial, institutional, and residential projects .,..etRer than aooessorv dwelling units as described in Seotion 17.10.030(F)(6), involving the issuance of a building permit for construction or reconstruction of a structure which meets any of the following criteria:

  1. New construction on vacant property.

  1. One or more structural additions or new buildings, either with a total floor area of one thousand square feet or more.
  1. Reconstruction or alteration of existing buildings on sites when the alteration significantly affects the exterior appearance of the building or traffic circulation of the site. Exceptions are maintenance or improvement of landscaping, parking, exterior re­ painting or other common building and property maintenance activities.

  2. The conversion of residential, commercial or industrial buildings to condominiums. 5. A Development Review application will be processed administratively for new

accessory dwelling units as described in Section 17.10.030(F}(6) and not subject to application fees.

B. For detached single-family development, the following shall apply:

  1. Application processing fees for the construction of one single-family residence on one existing legal lot, or fer the construction of a secondary dwelling unit pursuant to Section 17.10.030.E.4shall J:lli!Y_be waived. Application fees shall be collected for detached single-family development that:

    1. Will be constructed on property that is part of a tentative map or tentative parcel map application for two or more lots; or
    1. Will be constructed on property that is part of a lot line adjustment application for two or more undeveloped lots.
  1. Development review for detached single-family development shall be required for all major subdivision maps and for property within the hillside overlay district, except as provided in subdivision (3) of this subsection.

  1. Development review for property within the hillside overlay district shall be required unless the following apply:

    1. The project involves the construction of one detached single-family residence on an existing lot; and
    1. The lot does not contain any natural slopes greater than ten percent and the site is not located on a ridgeline or in a similar type of visually prominent location; and
    1. Adequate public facilities and services are currently available to serve the development.

4. If criteria (a) through (c) of subdivision (3) above apply, an exemption from the requirement for development review may be granted by the director.

Chapter 17.10

Sections17.10.030subsections(A)(4)(a).(C)(1).(0)(1)(C),(3)and(9).and(E)(1)areamended to read as follows:

Section 17.10.030(A) Residential Use Regulations

Section 17.10.0:30(/\) is amended to read as follows:

TABLE 17.10.030A

USE REGULATIONS FOR RESIDENTIAL DISTRICTS USE I HL I R-1 1R-1AI R-2 1 R-7 1 R-14 1 R-22 / R-30 I

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

  1. C.
    1. Animal care

facility (subject to Section 17.1O.O<!O(E))

I c I c I c I I I I I I

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

D

3./\uxiliary Accessory

structure (see special

requirements per Section
17.10.050)
9. Accessory SeeoAElary jwelling unit (subject to p p p p p p p p
Section 17.10.030{F)(§e)

E.

Section 17.10.030 subsection (F)(5)(h) is amended to read as follows:

Section 17.10.030(F) (Special Use Regulations).

  1. Mobilehomes

h.Hasaroofoverhangofnotlessthanonefootmeasuredfromtheverticalsideofthemobilehome.Whencarports,garages,porches,orsimilarstructuresareattachedasanintegralpartofthemobilehome,noeaveisrequiredwheretheawdliaryaccessory structure is attached to the mobilehome.

Section 17.10.030 subsection (F)(6) is amended to read as follows:

  1. Sesomlary Accessory Dwelling Units. Permitted subject to the lollo•NiAg criteria:

“Accessory dwelling unit” means a residential dwelling unit that is detached from, attached to, or l ocated within the living area of a aR e)(istinq primary dwelling unit. aRd that provides independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code section 17958.1, and a manufactured home, as defined in California Health and Safety Code section 18007.

Accessory Dwelling Units are permitted subject to the followi ng criteria:

    1. An secondary accessory dwelling unit shall be permitted only on a single-family or multifamily zoned lot that:
      1. Contains an existing single-family dwelling, which has been approved for occupancy.
      1. Meets the minimum lot size of the residential district.
      1. ls Can be served by adequate munioipal sewer and water service.

iv. Does not currently contain an accessorv seoondary dwelling unit.

    1. Accessorv Seoendary dwelling units may be used as the primary residence of the homeowner or rented separately from the principal structure. An accessorv seoondary dwelling unit shall not be sold separately from the principal residence on the lot.

    1. The accessorv dwelling unit shall be either attached to the primarv dwelling or located within the living area of the dwelling or detached from the dwelling and l ocated on the same lot as the dwelling.

g. e., Owner occupancy of the primary or secondary residence is required for the grant of a development review permit for an accessorv secendary dwelling unit. This provision shall be ensured by a deed restriction, to the satisfaction of the director of development services. A unit approved under this section which no longer meets the above criteria shall be deemed an illegal use.

..§. 4 Secondary Accessorv dwelling units in residential districts shall be exempt from the density requirements of the Santee general plan. Accessorv dwelling units are a residential use that must be consistent with the Santee general plan and zoning base district.designatien of the lot.

_f.€7–Residentialstructuresdeterminedtohavethepotentialforuseasanaccessorv seoondarydwellingunitshallcomplywiththestandardsforaccessorv secondary dwelling units. In mal<ing suoh a determination the direotor ‘Nill consider the size and fleer plan of the unit, any direct access to the principal unit, and any eJ<isting or proposed oovenants and restriotions. Other faotors inolude, but are not limited to, whether the potential seoondary dwelling unit has a separate entrance, separate kitchen faoilities, a full bathroom, a oloset, and/or heating and air oonditioning

  1. fAccessorvSeoondarydwellingunitsshallmeetthe development standards of the zoning base district and all other design criteria of this title applicable to residential auxiliary structures or additions. Accessorv dwelling units ,afl€1–shall be architecturally compatible with the primarv dwelling unit existing struoture in terms of scale, design, materials, colors, and texture.

b_. If attached, an accessorv seoondary dwelling unit shall be attached to the primary unit in a manner that the addition would create the appearance of an enlargement of the primary residence and a logical extension of roof and walls rather than give the appearance of an add-on unit.

  1. In order to disoourage inappropriate disruption of mcisting roof lines, an aooessorv seBOOdary dv;elling unit shall not be construoted on a second story level of a primary residence that is a one story struoturo.

    1. Inordertolessenanyappearanceofaduplexstructure,theentrancetoanattachedaccessory seoondary dwelling unit shall not be visible from #le public street.(fil fronting the property.

  1. There shall be no conversion of a garage of a primary residence into an accessory secondary dwelling unit unless all parking requirements are otherwise met for the primary residence (including a two-car garage, if applicable).

  1. Theminimumallowedareaofanaccessorysecondary dwellingunitshallbenolessthanonehundredfiftysquarefeet.Themaximumalle1.ved area of an acoessory unit shall be no more than six hundred square feet. The floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing or proposed primary dwelling unit floor area, with a maximum floor area of 1,200 square feet. The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet.

I.Accessory Seoondary dwelling units shall be exempt from the parking requirements, with the exception of any parking required for the primary unit.

  1. Except as modified in this section, accessory secondary dwelling units are subject to all municipal code and other standards applicable to any new structure, including but not limited to height, setback, lot coverage, €1evelopment review, building fees, charges and other zoning, building, and development requirements generally applicable to a proposed dwelling unit or structure in the zone in which the property is located.

  1. An accessory dwelling unit is required to have fire sprinklers, only if the primary residence is required to have fire sprinklers.

  1. An accessory dwelling unit must receive the approval by the l ocal health officer from the Countv Department of Environmental Health where a private sewage disposal system is being used.

  1. No passageway, defined as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit, shall be required in conjunction with the construction of an accessory dwelling unit.

g. No additional setbacks shall be required for an existing, legally permitted garage that is converted to an accessory dwelling unit.

  1. When a garage is demolished to create an accessory dwelling unit, the replacement parking may be located in any permitted configuration allowed by the Citv on the same lot as the accessory dwelling unit.

  1. A 5-foot setback from the rear and interior side property lines will be required for accessory dwelling units constructed over existing, legally permitted garages.

  1. The accessory dwelling unit shall count towards the lot coverage calculations.
  1. Accessory dwelling units that conform with this section shall not be considered in the application of this section or other code, policy, or program to limit residential growth.

  1. Applications for an accessory dwelling must be submitted to the Director of Development Services (“Director”) on a form and with information and materials, as adopted by the Director.

  1. The Director will review and approve complete appli cations for an accessory dwelling unit that comply with this Section.

  1. The Director is authorized to impose fees for the construction of an accessorv dwelling unit in accordance with California Government Code, Chapters 5 (commencing with Section 66000) and 7 (commencing with Section 66012).

  1. An applicant may appeal the Director’s decision to the Planning Commission as provided in Section 17.04.070.

Section 17.10.030 subsections (F)(9)-(12) are amended to read as follows:

  1. Single Room Occupancy (SRO} Dwellings. Single room occupancy dwellings, as defined in Section 17958.1 of the Health and Safety Code, are allowed in multiple-family residential zones, subjeet to Government Gode Seotions 65589.5 and 65583(a)(1). SRO dwellings are subject to all Municipal Code and other standards applicable to any new multiple-family residential building, including, but not limited to, density, height, setback, on-site parking, lot coverage, development review, compliance with the California Building Code, building fees, charges and other requirements generally applicable to a proposed multiple-family development in the Zone District in which a property is located.

  1. Limited and General Group Care Facilities. Limited Group Care Facilities are allowed in residential zones, subject to Government Code Section 65589.5appl i cable sections of the Health and Safety Code. General Group Care Facilities are subject to approval of a Conditional Use Permit, to include a review of hours of operation, security, loading requirements, and site management. All Group Care Facilities shall be subject to regulations that apply to other residential dwellings of the same type in the same zoning, pursuant to Government Code Section 65589.5.

  1. Transitional and Supportive Housing. This housing, as defined in Section 17.04.140, is allowed in residential zones pursuant to Government Code Section 65583(a)(5), and ]§_subject to regulations that apply to other residential dwellings of the same type in the same zone. (Ord. 517 § 5, 2013; Ord. 513 §§ 3, 4, 2012; Ord. 495 § 3, 201O; Ord. 469 §§ 5 and 7, 2007; Ord. 438 § 1, 2003).

  1. Agricultural Employee Housing. This housing, as defined in Section 17.04.140, is allowed in residential districts pursuant to Health and Safety Code Sections 17.021.5