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HomeMy WebLinkAbout611ORDINANCE NO. 611 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING THE CITY ZONING CODE TO INCLUDE PROVISIONS TO PERMIT THE DEVELOPMENT OF RESIDENTIAL SECOND UNITS WHEREAS, Irwindale Zoning Code ("Code") Section 17.16.130 currently authorizes the construction of one type of second unit commonly referred to as granny flats, which requires that persons occupying the second unit be related to the person occupying the main residence on a property; and WHEREAS, State law defines a "second unit" more broadly as any attached or detached unit that provides complete independent living facilities for one or more persons which is built on a lot which already has a residential unit, irrespective of whether the persons occupying the main residential and second units are related; and WHEREAS, California Government Code Section 65852.2, the State's second unit law, was enacted to encourage the creation of residential second units while maintaining local flexibility for unique circumstances and conditions; and WHEREAS, the California Legislature has subsequently declared that the supply of housing in California is insufficient to meet demand, and that this imbalance is likely to worsen in the future; and WHEREAS, based upon such findings, Government Code Section 65852.2 has been amended to (i) require that State regulations governing the development of residential second units apply in the absence of a local residential second unit ordinance and (ii) simplify the process for approving second -units; and WHEREAS, Section 17.16.130 is no longer consistent with State law such that the City Council of the City of Irwindale desires to amend the Code to ensure that the City's Code is consistent with State law, as amended, by authorizing the development of residential second units within the R-1 zoning district of the City in a manner which will implement the goals and policies contained within the City's 2006 General Plan; and WHEREAS, the City Council finds that the development of residential second units within the City's R-1 zoning district will not exceed the allowable density in the R-1 zoning district, that second units are a residential land use and that second units are a residential use consistent with the General Plan land use designation and R-1 zoning district and Ordinance No. 611 Page 1 WHEREAS, an initial study was completed pursuant to the provisions of the California Environmental Quality Act (CEQA),to analyze the impacts of the proposed zoning text amendment on the environment. Notification of intent to adopt a negative declaration was properly circulated on October 13, 2006. The comment period of 20 days ended on November 1, 2006. The documents and materials that constitute the record of these proceedings are available in the office of the City Clerk; and WHEREAS, a duly noticed public hearing was held on the 13th of December, 2006 pursuant to notice given in the manner required by law, on the question of amending the City of Irwindale Zoning Code to provide for the development of residential second units. At its meeting of December 13, 2006, the City Council remanded the Zoning Code Amendment to the Planning Commission for reconsideration of Section B of Chapter 17.16.130. WHEREAS, at its February 1, 2007 Planning Commission meeting the Planning Commission reviewed and discussed Section B. of Chapter 17.16.130 and voted to delete the second sentence and forward the revised Ordinance to the City Council. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Negative Declaration for the Zone Text Amendment to allow for development of residential second units indicates that there is no substantial evidence that the project will have a significant effect on the environment. The Negative Declaration is hereby adopted. Section 2. That Section 17.16.130 "Single-family second units — Granny flats" is hereby is repealed and rescinded and shall have no further force or effect. Section 3. That Chapter 17.08 "Definitions," of the Irwindale Zoning Code, shall be revised to add a new subsection 17.08.436, entitled "Second Unit, Residential", to read as follows: "Section 17.08.436 Second Unit, Residential. An attached or detached residential dwelling unit, which provides complete independent living facilities for one or more persons. Such unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. This term shall have the same meaning as the definition set forth in California Government Code Section 65482.2 (i)(4), as it may be amended from time to time. Section 4. Chapter 17.16.020 entitled "Permitted Uses", of the Irwindale Zoning Code, is hereby amended to add the following: Ordinance No. 611 Page 2 "G. Second Units." Section 5. Chapter 17.16.130 "Residential Second Units", is hereby added to the Irwindale Zoning Code, and shall read as follows: "Chapter 17.16.130 Residential Second Units. A. Purpose. These regulations are intended to promote affordable housing as called for in the City of Irwindale General Plan. The standards established herein are intended to protect the health, safety, and welfare of the existing community and to be compatible with the established pattern of development in the City's R-1 zoning district. B. Applicability. The applicant for a building permit for a second unit shall be the owner and occupant of the primary dwelling unit of the lot on which the second unit is proposed to be established. The lot on which the second unit is proposed shall: 1. Have a zoning district classification of R-1. 2. Comply with the setback and open space requirements of the R- 1 zone. 3. Contain no more than one single family dwelling, the primary dwelling, which does not have outstanding code violations C. Ministerial Action. Applications for second units will be considered as a ministerial item. A building permit for a second unit shall be issued once the Director of Planning verifies that the second unit complies with all of the zoning regulations set forth in this section. If the Director of Planning denies the application, the Applicant may file an Appeal with the City Manager on a form provided by the Planning Department. The Appeal must be filed within 15 calendar days of the notice of the Director of Planning's decision to deny the application. D. Approval Procedure. To be considered complete, an application for approval of a second unit shall include the following: 1. An application form, provided by the Planning Department and signed by the applicant/ property owner, under penalty of perjury, accompanied by a fee in the amount established under the City's Fee Resolution. Ordinance No. 611 Page 3 2. A site plan of the property, drawn to scale, which shall include, but not be limited to, the following information: a) All streets, sidewalks, driveways, paths, parking areas, patios, and other surface areas. b) All existing structures on the subject property and all existing structures on adjacent properties that are within 10 feet of the subject property's property lines. c) All property lines, with a metes and bounds description, and all easements. d) Building elevations of the proposed second unit. e) Floor plans for both the existing single family dwelling unit and the second unit. E. General Requirements and Design Standards. A second dwelling unit that is approved pursuant to this Section shall comply with all of the following standards and criteria: 1. Number of second units. Only one second unit is permitted for each parcel zoned R-1 containing a primary single-family dwelling. 2. Location. A second unit may be attached to or detached from the primary dwelling unit. 3. Floor area. The floor area of an attached second unit shall not exceed thirty percent (30 %) of the existing primary dwelling. The total floor area of a detached second unit shall not exceed 1,200 square feet. 4. Compliance with R-1 Zoning Regulations. All second units shall comply with all applicable Building Code and Fire Code regulations. Detached residential second units shall additionally meet all of the standards set forth in Code Sections 17.16.070- 17.16.090 and 17.16.110-17.16.120. Second units that are incorporated into and a part of the main dwelling structure shall meet the height and setback requirements established for the primary dwelling. 6. Attached units. Attached second units that are constructed after the date on which this Section becomes effective ( ) shall be clearly incidental and subordinate architecturally to the primary dwelling unit. 7. Parking. One additional standard site off-street parking space shall be provided in addition to the off-street parking required Ordinance No. 611 Page 4 pursuant to Section 17.16.100 for the primary dwelling. Construction of off-site parking shall conform to the standards established in Chapter 17.64 of the Zoning Code except that the additional space may be uncovered. An uncovered space meeting this requirement shall be permitted in the setback areas or as tandem parking, unless the Director of Planning, Director of Public Works, and/ or the Fire Department makes specific findings that parking in setback areas or tandem parking is not feasible based upon specific site, topographical, or fire and safety conditions. Parking within the setback areas or the use of tandem spaces may not be permissible on parcels with a narrow right-of-way because emergency access would be restricted. Moreover, any driveway on the parcel shall lead to the garage and may not constitute more than fifty percent (50%) of the frontage of the parcel. No additional curb cuts may be installed for the second dwelling unit. 8. The primary unit on the site shall be owner occupied. F. Termination of the use of the second unit. Termination of the use of the second unit requires the elimination by the property owner of any secondary utility meters and removal of all kitchen cabinetry, kitchen sink, refrigerator, dishwasher, and cooking facilities from the second unit area. If attached, the remaining space shall be internally connected, with direct access through doors and/ or stairs to the main dwelling unit. The property owner shall apply for building permits to remove such features, as required under the City's Building and Fire codes. G. Appeals. Any person aggrieved by the action of the action of the Director of Planning regarding a second unit permit as provided in this chapter shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk, within fifteen days after notice in writing of the action of the Director of Planning complained of has been received by the applicant or has been mailed to the applicant's last known address, a written statement setting forth in general that an appeal to the City Council has been taken from such refusal to issue a permit, and setting forth the reasons why the appeal is taken. The City Clerk shall set a time and place for hearing on such appeal before the City Council and notice of such hearing shall be given to the applicant by mailing notice, postage prepaid, to the applicant's last known address at least five days prior to the date set for hearing. The hearing shall be set within thirty days following receipt of the notice of appeal. The hearing may be continued from time to time by the City Council as it deems necessary. The City Council may, in its discretion, grant or refuse the permit, basing its decision upon the Ordinance No. 611 Page 5 standards set forth in this chapter for the issuance of a second unit permit. Section 6. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute a Zoning Code Amendment on behalf of the City of Irwindale forthwith upon adoption of this Ordinance. Section 7. The City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Irwindale. PASSED, APPROVED, and ADOPTED this 11 th day of April 2007. H. Ma uel Ortiz, Mayor TEST: l K da J. bo,C C puty City Clerk Ordinance No. 611 Page 6 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } 1, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 611 was duly introduced at a regular meeting of the Irwindale City Council held on the 28th day of March 2007, and was duly approved and adopted on second reading at its regular meeting held on the 11 day of April 2007, by the following vote of the Council: AYES: Councilmembers: Breceda, Gomez, Miranda, Fuentes, Mayor Ortiz NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Lida imb M De y City Clerk AFFIDAVIT OF POSTING I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 611 adopted by the City Council of the City of Irwindale at its regular meeting held April 11, 2007, to be posted at the City Hall, Library, and Post ice on April 23, 2007. t f A A f , Liqdfi J. Ki br4 C Dated: April 23, 2007 \Dh uty Ci I k Ordinance No. 611 Page 7