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
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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:
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"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.
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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
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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
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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.
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Liqdfi J. Ki br4 C Dated: April 23, 2007
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uty Ci I k
Ordinance No. 611
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