May 22, 2017
CITY OF YORBA LINDA
P. O. BOX B7014 CALIFORNIA 92885-8714
Housing and Community Development 2020 W. El Camino Ave. Suite 500 Sacramento, CA 95833
Re: City of Yorba Linda A ccesso ry Dwelling Unit Ordinance No. 2017-1039 Dear Mr. Nickless:
In response to and in accordance with the provisions of State Assembly Bill (AB) 2299 and Senate Bill (SB) 1069, the City of Yorba Linda has enclosed Ordinance No. 2017-1039, an ordinance of the City Council of the City of Yorba Linda amending the City’s Accessory Dwelling Unit Ordinance (previously Second Unit Ordinance) in compliance with state law. This ordinance was passed, approved and adopted on May 16, 2017.
If you have any questions regarding the enclosed materials please contact Pedro Gomez @
(714) 961-7130 or pgomez@yorba-linda .org. Sincerely,
Director of Community Development C: Chronological File
Attachment: City of Yorba Linda Ordinance No. 2017-1039
BIRTHPLACE OF RICHARD NIXON • 3 7rH PRESIDENT OF THE UNITED STATES
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YORBA LINDA, CALIFORNIA APPROVING ZONING CODE AMENDMENT ZCA 2017-03 AMENDI NG CHAPTER 18.20, ARTICLE IX, OF THE YORBA LINDA MUNICIPAL CODE, RELATED TO ACCESSORY DWELLING UNITS
WHEREAS, Assembly Bill (AB) 2299 and Senate Bill (SB) 1069, signed into law on September 27, 2016 by the Governor of the State of California and effective January 1, 2017, amend Government Code Section 65852.2 requiring that all accessory dwelling unit ordinances that fail to meet the requirements of the legislature be considered null and void upon the effective date, unless the City adopts an ordinance that complies with State law; and
WHEREAS, in response to and in accordance with the provisions of AB 2299 and SB 1069, the City of Yorba Linda initiated Zoning Code Amendment 2017-03, in accordance with Section 18.36.610 of the Yorba Linda Municipal Code, to amend Chapter 18.20, Article IX, Second Units, of the Yorba Linda Municipal Code to comply with State requirements for Accessory Dwelling Units; and
WHEREAS; on January 25, 2017, the Planning Commission, by a vote of 5-0, approved the initiation of Zoning Code Amendment 2017-03 to modify Chapter 18.20, Article IX, of the Yorba Linda Zoning Code; and
WHEREAS, on March 29, 2017, the Planning Commission of the City of Yorba Linda held a duly noticed public hearing, considered the written and oral information and testimony presented by City staff, community residents and other interested parties, and approved Resolution No. 5191 recommending that the City Council approve and adopt Zoning Code Amendment ZCA 2017-03; and
WHEREAS, Zoning Code Amendment 2017-03 is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17, in that CEQA is not applicable to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the California Government Code; and
WHEREAS, Zoning Code Amendment 2017-03 is not a “major amendment” to a land use planning policy document as defined in the Yorba Linda Right-to-Vote Amendment (Measure B) and, therefore, is not subject to the approval of a majority vote of the electorate of the City to become effective; and
WHEREAS, pursuant to Section 18.36.620 of the Yorba Linda Municipal Code, a duly noticed public hearing on Zoning Code Amendment 2017-03 was held by the City Council on April 18, 2017.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Recitals. The foregoing recitals are true and correct and are incorporated herein as though set forth in full.
SECTION 2: Authority. This Ordinance is adopted pursuant to the authority granted by the California Constitution and State law, including but not limited to Article XI, Section 7 of the California Constitution.
SECTION 3: Chapter 18.20, Article IX of the Yorba Linda Municipal Code is hereby amended to read in its entirety as follows:
Article IX. Accessory Dwelling Units
18.20.800 – Purpose and intent.
In accordance with California Government Code Sections 65852.1 and 65852.2, the City intends for this article to provide for the creation, under limited circumstances, of an accessory dwelling unit on property zoned for single-family use. The purpose of this article is to provide for additional housing opportunities for development of low- and moderate-income housing for the community in keeping with its Housing Element and State law, while at the same time retaining the character of the City’s single-family neighborhoods. In doing so, and to ensure that no avoidable adverse impacts on the public health, safety, and general welfare result from the creation of an accessory dwelling unit, this article prescribes standards for the approval of such units that limit the circumstances under which accessory dwelling units may be permitted consistent with the purpose and intent of this article.
18.20.810 – General Provisions.
For purposes of this Article, an accessory dwelling unit shall be defined as a second dwelling unit located on the same lot as the primary single-family dwelling unit, either attached or detached from the primary residential dwelling unit, and which provides complete independent living facilities for one or more persons. An accessory dwelling unit shall be defined to include an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in Section 18007. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary single-family dwelling is situated.
An accessory dwelling unit that conforms to the requirements of this Article shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established and shall be deemed a residential use that is consistent with the existing general plan and zoning designations for the lot.
In accordance with State law, this Article shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
18.20.820 – Ministerial action.
Applications for accessory dwelling units that are consistent with the provisions of this Article will be considered as a ministerial action requiring the issuance of a building permit. The Community Development Director shall approve or disapprove of an application for an accessory dwelling unit standard permit within 120 days after receiving the complete application. Building permits shall only be issued with finding that the plan for the accessory dwelling unit complies with all requirements of the zoning regulations contained in this section herein.
18.20.830 – Applicability.
The applicant for an accessory dwelling unit shall be the owner and occupant of the primary dwelling of the lot on which the accessory dwelling unit is proposed to be established, or his/her/their authorized agent. Additionally, the lot on which the accessory dwelling unit is proposed to be established shall:
- Be located in a zoning district intended for single-family dwelling units.
Be a minimum of 15,000 square feet, unless all of the following criteria are applicable, in which case, there shall be no minimum lot size:
- The unit is contained within the existing space of a single-family residence or existing accessory structure;
- The unit has independent exterior access from the existing residence; and
- The side and rear setbacks are sufficient for fire safety, subject to determination by the City Building Official.
Contain one single-family dwelling, which is the primary dwelling, and which conforms to all applicable zoning regulations for the zoning district in which the lot is located.
Have no more than a maximum of one accessory dwelling unit located on it at any time.
18.20.840 – Standards for accessory dwelling units within existing structures
An application for one accessory dwelling unit, in a single-family residential zone, within the existing floor space of a single-family residence or accessory structure, where no other accessory dwelling unit exists on the property, shall be permitted as a ministerial matter with a building permit and without regard to the other standards in this chapter if it:
- Complies with building and safety codes;
- Maintains independent exterior access from the existing residence; and
- Maintains sufficient side and rear setbacks for fire safety.
Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
18.20.850 – Standards and criteria.
The following standards and criteria shall apply to all proposed accessory dwelling units:
Location on lot. An accessory dwelling unit may be permanently attached or detached from the primary dwelling.
Height, setback, building separation, landscaping and lot coverage requirements. An accessory dwelling unit shall comply with the height, setback, building separation, landscaping and lot coverage standards of the applicable zoning district in which the lot is located.
The building site coverage limitation shall include all structures, including the main residence, the accessory dwelling unit, garages, etc. The totality of the structure(s) on the lot shall not exceed the allowable building site coverage specified in the zone in which the accessory dwelling unit is proposed.
An attached or detached accessory dwelling unit shall be limited to a maximum building height of one-story, unless the attached or detached accessory dwelling unit complies with the all provisions and requirements of Section 18.10.100 (8).
Maximum size. Attached accessory dwelling units shall not exceed fifty percent (50%) of the existing dwelling unit living area of the primary dwelling, or 1,200 square feet, whichever is less. Detached accessory dwelling units shall not exceed a total floor area of 1,200 square feet.
Parking. A minimum of one covered parking space shall be required for an accessory dwelling unit. This parking space may be provided as tandem parking on an existing driveway. Notwithstanding this parking requirement, the City shall not impose parking standards for an accessory dwelling unit in any of the following instances:
- The accessory dwelling unit is located within one-half mile of public transit.
- The accessory dwelling unit is located within a historic district.
- The accessory dwelling unit occurs within the existing primary residence or within an existing accessory structure.
- When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
- When there is a car share vehicle located within one block of the accessory dwelling unit.
Additionally, 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 the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, tandem spaces, or by the use of mechanical automobile
parking lifts. Notwithstanding this requirement, in the case where a garage is converted into an accessory dwelling unit, the primary dwelling shall be required to maintain the parking requirements consistent with the single family dwelling parking standards per Table 18.22-1 in Section 18.22.030.
E. Same ownership required. Accessory dwelling units shall not be rented or leased for less than 30-consecutive days, and shall not be sold or owned separately from the primary dwelling.
Owner occupancy required. 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 as long as the condition of the accessory dwelling unit remains on the property. This is a perpetual requirement that runs with the land, and a restrictive covenant establishing this requirement shall be recorded, with proof of recordation presented to the Community Development Director, prior to issuance of a final building permit for the accessory dwelling unit.
Mobile homes. Neither the primary dwelling nor the proposed accessory dwelling unit shall be a mobile home, unless as otherwise specified herein.
Exterior design. The design of the accessory dwelling unit, including but limited to building form, materials, exterior finishes, color scheme, and landscaping shall be compatible and of like material with the primary dwelling.
Street visibility. To maintain the single-family residential character of the street, the accessory dwelling unit shall be designed and built in such a manner as to minimize its visibility from the public right-of-way.
J. Exterior entrances and stairways. To maintain the single-family residential character of the street, there shall not be more than one exterior entrance on the front or on any street side of the accessory dwelling unit. Additionally, no exterior stairway shall be located on the front or on any street side of the accessory dwelling unit.
K. Existing garage conversions. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.
L. Unless otherwise specified by the provisions of this chapter or State law, accessory dwelling units shall be required to comply with all provisions of the underlying zoning designation and all regulations required for the primary single-family dwelling unit, including but not limited to all applicable building and construction requirements.
18.20.860 – Notification.
The applicant shall provide the Community Development Director with property ownership information of the adjacent and contiguous parcels. Additionally, the
ORDINANCE NO. 2017-1039
PAGE NO. 6
applicant shall provide a radius map drawn on the Assessor’s Parcel Map, indicating the adjacent and contiguous parcels.
18.20.870 – Appeals.
An applicant or an interested and affected person may file an appeal of a determination to approve or deny an application for an accessory dwelling unit to the Planning Commission to determine adherence to the standards in this Article. Any such appeal shall be in writing and accompanied by payment of the fee for appeals, as established by City Council resolution. The appeal shall state the grounds for the appeal and shall be filed with the City Clerk within fifteen (15) calendar days of the determination. The Planning Commission shall, within thirty (30) calendar days after the appeal is filed, consider the appeal, without a public hearing, and decide the matter as soon thereafter as is reasonably feasible. Notice of the appeal shall be given in accordance with Section 18.20.860.
SECTION 4: CEQA Determination. In adopting this Ordinance, the City Council finds that the adoption of the Zoning Code Amendment is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080.17, in that CEQA is not applicable to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the California Government Code.
SECTION 5: Severability. 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 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 and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.
SECTION 6: Public Health and Safety. In adopting this Ordinance, the City Council finds that the City has designated the areas where accessory dwelling units may be permitted, based on the impact of these units on traffic flow and public safety, in that lots in single-family zones and lots greater than 15,000 square feet can provide adequate building separation and open area to ensure sufficient natural lighting and air flow is provided between buildings and structures. Additionally, such lots can more adequately minimize undue noise or artificial lighting impacts on adjacent properties from the increased human activities that are deemed detrimental to the public health, welfare, and safety, and contrary to public interest. Lastly, these zoning districts lots are more adequately suited to provide for the increase in parking and traffic associated with the construction of ADUs. By limiting these units to these specific areas of the City, the City can safeguard against detriments to public health and safety including traffic congestion, and associated violations and traffic accidents that may result from the
PAGE NO. 7
increased number of vehicles and residents in areas of the City that are less suited for ADUs.
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after its passage and adoption. Within fifteen (15) days of the date of adoption of this Ordinance, the City Clerk shall post a copy of said Ordinance in places designated for such posting and shall certify to the same. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be published as required by law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 16″‘ day of MaD2017.
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MARIA BROWN, CITY CLERK .‘,;v· ‘ ·
CITY OF YORBA LINDA ‘ ‘
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APP.ROVED‘AS TO FORM: RUTAN & TUCKER LLP
STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF YORBA LINDA )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California DO HEREBY CERTIFY that the foregoing Ordinance was adoted at a regular meeting of the City Council of the City of Yorba Linda, held on this 16t day of May, 201 ?and was carried by the following roll call vote:
AYES: NOES: ABSENT:
COUNCIL MEMBERS: Campbell, Haney, Hernandez, Huang. Lindsey
COUNCIL MEMBERS: None COUNCIL MEMBERS: COUNCIL MEMBERS: None
MARCIA BROWN, CITY CLERK CITY OF YORBA LINDA
STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF YORBA LINDA
I , MARCIA BROWN, CITY CLERK, DO CERTIFY THAT THIS IS A FULL, TRUE, AND CORRECT COPY OF THE ORIGINAL ON FILE IN THE OFFICE OF THE CITY CLERK.