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HomeMy WebLinkAbout724ORDINANCE NO. 724 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADDING SECTIONS 17.08.017 AND 17.24.020 AND A NEW CHAPTER 17.120 TO TITLE 17 (ZONING) TO ESTABLISH REGULATIONS AND STANDARDS FOR ACCESSORY DWELLING UNITS WITHIN THE CITY, DELETING SECTIONS 17.16.130 (RESIDENTIAL SECOND UNITS) AND 17.08.436 (DEFINITIONS), AND MAKING CERTAIN OTHER RELATED CHANGES TO TITLE 17 (ZONING) OF THE IRWINDALE MUNICIPAL CODE, AND FINDING AN EXEMPTION FROM CEQA WHEREAS, California Government Code section 65852.2 provides that a city may adopt an ordinance to permit accessory dwelling units; and WHEREAS, the City's general plan calls for the promotion of affordable housing in the City, and accessory dwelling units are one method of promoting affordable housing; and WHEREAS, the Irwindale Municipal Code ("IMC") currently contains Section 17.16.130, entitled "Residential second units," which provides for second dwelling units on certain properties in the City, pursuant to a prior version of Government Code section 65852.2; and WHEREAS, in 2016 the State Legislature adopted Assembly Bill 2299 and Senate Bill 1069, which made certain changes to Government Code section 65852.2, including changing the terminology for these types of units from "second units" to "accessory dwelling units"; and WHEREAS, in 2017 the State Legislature adopted SB 2229 which made certain additional changes to Government Code section 65852.2; and WHEREAS, Section 17.16.130 of the IMC is no longer consistent with state law; and WHEREAS, therefore, the City Council now desires to repeal existing Section 17.16.130 of the IMC and adopt a new Chapter 17.120, entitled "Accessory dwelling units," to be added to Title 17 (Zoning) of the Irwindale Municipal Code consistent with state law, as described above; and WHEREAS, on May 31, 2018 the Planning Commission conducted a duly -noticed public hearing and adopted Resolution 747(18) which recommended the City Council adopt this ordinance; and WHEREAS, on July 11, 2018 the City Council conducted a duly -noticed public hearing and a first reading of this ordinance; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that the above recitals are true and correct and incorporated herein by this reference. Ordinance No. 724 Page 1 SECTION 2. Section 17.08.017, entitled "Accessory dwelling unit," shall be added to Chapter 17.08 (Definitions) of Title 17 (Zoning) of the IMC, and shall read in its entirety as follows: 17.08.017 —Accessory dwelling unit. "Accessory dwelling unit" means an attached or a detached residential 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 as the single-family dwelling is situated. An accessory dwelling unit also includes the following: A. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. B. A manufactured home, as defined in Section 18007 of the Health and Safety Code." SECTION 3. Section 17.08.436, entitled "Second unit, residential," in Chapter 17.08 (Definitions) of Title 17 (Zoning) of the IMC shall be deleted in its entirety. SECTION 4. Section 17.16.020, entitled "Permitted uses," and specifically subsection (G) thereunder, of Chapter 17.16 (R-1 Single -Family Residential Zone) of Title 17 (Zoning) of the IMC shall be amended as follows, with all other provisions of Section 17.16.020 remaining unmodified and in full force and effect (new text in underline, deleted text in strike gh): "G. Seseadt nit, Accessory dwelling units, subject to the requirements of chapter 17.120 (Accessory dwelling units)." SECTION 5. Section 17.16.130, entitled "Residential second units," in Chapter 17.16 (R-1 Single -Family Residential Zone) of Title 17 (Zoning) of the IMC shall be deleted in its entirety. SECTION 6. Subsection (D) shall be added to Section 17.20.020, entitled "Permitted uses," of Chapter 17.20 (R-2 Light -Multiple Residential Zone) of Title 17 (Zoning) of the IMC, and shall read in its entirety as follows: "D. Accessory dwelling units, subject to the requirements of chapter 17.120 (Accessory dwelling units)." SECTION 7. Subsection (E) shall be added to Section 17.24.020, entitled 'Permitted uses," of Chapter 17.24 (R-3 Heavy -Multiple Residential Zone) of Title 17 (Zoning) of the IMC, and shall read in its entirety as follows: "E. Accessory dwelling units, subject to the requirements of chapter 17.120 (Accessory dwelling units)." SECTION 8. Chapter 17.120, entitled "Accessory dwelling units," is hereby added to Title 17 (Zoning) of the IMC and shall read in its entirety as follows: Ordinance No. 724 Page 2 "Chapter 17.120 ACCESSORY DWELLING UNITS Section 17.120.010 —Purpose and intent. Section 17.120.020 — Definitions. Section 17.120.030 —Application and approval process. Section 17.120.040 — Requirements for approval. Section 17.120.050 — Limitations on parking requirements. Section 17.120.060 — Additional limitations on approval requirements. Section 17.120.070 — Requirements for units within an existing space. Section 17.120.080 — Restrictions on occupancy and separate conveyance. Section 17.120.090 — Termination of the use of the accessory dwelling unit. Section 17.120.010 — Purpose and intent. This chapter is intended to promote affordable housing as called for in the City of Irwindale general plan and in compliance with the provisions of Government Code section 65852.2, and as it may be amended. An accessory dwelling unit that conforms to the requirements of this chapter shall be deemed to be an accessory use or an accessory building, shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. 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 residential zoning districts. Section 17.120.020 — Definitions. As used in this section, the following terms shall have the following meanings: A. "Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. Any interior habitable area that is not legally permitted shall not be considered living area. B. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. C. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. Section 17.120.030 — Application and approval process. A. Applicant. The applicant for a building permit for an accessory dwelling unit shall be the owner of the property on which the accessory dwelling unit is proposed to be established. B. Application. Only complete applications will be considered. To be considered complete, an application for approval of an accessory dwelling unit shall include the following: Ordinance No. 724 Page 3 1. An application form, provided by the planning division and signed by the applicant under penalty of perjury, accompanied by a fee in the amount established in the city's fee resolution. 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 ten 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 accessory dwelling unit. 3. Floor plans for both the existing or proposed single-family dwelling unit and the accessory dwelling unit. C. Approval process. The city planner shall approve or disapprove an application ministerially, without discretionary review. A building permit for an accessory dwelling unit shall be issued once the city planner verifies that the accessory dwelling unit complies with all of the requirements set forth in this chapter. Applications for an accessory dwelling unit shall be approved or denied in accordance with this chapter within 120 days of application. D. Appeal. If the city planner denies the application, the applicant may file an appeal with the city manager on a form provided by the planning division. The appeal must be filed within fifteen (15) calendar days of the notice of the city planner's decision to deny the application. The decision of the city manager shall be final. Section 17.120.040 — Requirements for approval. Except as otherwise stated in this chapter, a proposed accessory dwelling unit must meet the following requirements in order to be approved: A. Lot requirements. The lot upon which the accessory dwelling unit is to be located shall be zoned for single-family or multifamily use and shall include a proposed or existing single-family dwelling. An accessory dwelling unit may be built simultaneously with a single-family primary dwelling unit. B. Number of accessory dwelling units. Only one accessory dwelling unit is permitted for each lot. C. Relation to primary dwelling. The accessory dwelling unit shall be either attached or located within the living area of the proposed or existing primary Ordinance No. 724 Page 4 dwelling or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. D. Maximum floor space. The total area of floorspace of an attached accessory dwelling unit shall not exceed 50 percent of the proposed or existing primary dwelling living area or 1,200 square feet, whichever is less. The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet. E. Compliance with building and safety regulations. Accessory dwelling units shall comply with all applicable Building Code and Fire Code regulations. Except as otherwise provided in this chapter, accessory dwelling units shall meet all yard, open space, height, and building placement requirements applicable to the primary dwelling unit. F. Architectural standards for attached units. Attached accessory dwelling units that are constructed after April 11, 2007 shall be clearly incidental and subordinate architecturally to the primary dwelling unit. G. Off-street parking. Off-street parking shall be provided in compliance with the requirements of Chapter 17.64 (Off -Street Parking), except as provided in Section 17.120.050. Section 17.120.050 — Limitations on parking requirements. Notwithstanding the provisions in Chapter 17.64, off-street parking requirements for the approval of applications for accessory dwelling units shall be limited as follows: A. Amount of required parking spaces. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. B. Uncovered spaces. Additional parking spaces required for accessory dwelling units may be uncovered. C. Setback areas and tandem parking. Offstreet parking shall be permitted in setback areas in locations determined by the City or through tandem parking, unless the city planner, city engineer/building officer, and/or the fire department makes specific findings that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life 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. D. Replacement of demolished spaces. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-- street parking spaces shall be replaced. The replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, Ordinance No. 724 Page 5 including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This provision shall not apply to a unit that is described in section 17.120.050(E). E. Special circumstances. No additional parking spaces shall be required in the following circumstances: 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 proposed or existing primary residence or an 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. Section 17.120.060 —Additional limitations on approval requirements. Notwithstanding any other requirement imposed by this chapter, requirements for approval of accessory dwelling units shall be limited as follows: A. Passageways. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. B. Garage units. No setback shall be required for an existing garage that is converted to an accessory dwelling unit or to a portion of 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 that is constructed above a garage. C. Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. If fire sprinklers are required for the primary residence they shall be required in the accessory dwelling unit. Section 17.120.070 — Requirements for units within an existing space. Notwithstanding any other provision of this chapter, the city planner shall approve an application for a building permit for one accessory dwelling unit per single-family lot within a zone for single-family use, if each of the following requirements is met: A. The accessory dwelling unit is contained within the existing space of a single- family residence or accessory structure, including, but not limited to, a studio, pool house, or other similar structure; B. The accessory dwelling unit has independent exterior access from the existing primary residence; and Ordinance No. 724 Page 6 C. The side and rear setbacks are sufficient for fire safety. Section 17.120.080 — Restrictions on occupancy and separate conveyance. A. Owner occupancy. Either the primary unit on the site or the accessory dwelling unit shall be occupied by the owner of the property. B. No separate sale or conveyance. The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. C. Required covenant. A covenant, approved by the City Attorney and Community Development Manager/City Planner and/or their assignee, shall be recorded by the property owner with the county recorder. This covenant shall identify the occupancy and use limitations on the property, including, but not limited to, the requirements in Section 17.120.080 (A) and (B). Evidence of recordation of the covenant shall be a prerequisite to the issuance of any occupancy permit for the accessory dwelling unit. Section 17.120.090 — Termination of the use of the accessory dwelling unit. Termination of the use of the accessory dwelling 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 accessory dwelling 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." SECTION 8. CEQA EXEMPTION. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and Statutorily Exempt pursuant to Section 15282(h) of the CEQA Guidelines. City staff is directed to prepare and file a Notice of Exemption under the California Environmental and Quality Act (CEQA) in connection with this Ordinance. SECTION 9. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any 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 passed this Ordinance, and each and every Section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 10. CERTIFICATION AND EFFECTIVE DATE. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. This Ordinance shall take effect thirty (30) days after its adoption in accordance with California Government Code Section 36937. The City Clerk shall cause a summary of this ordinance to be published in accordance with Government Code section 36933 in a newspaper of general circulation which is hereby designated for that purpose. Ordinance No. 724 Page 7 SECTION 11. SUBMISSION TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. Pursuant to Government Code Section 65852.2(h), the City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption. PASSED, APPROVED AND ADOPTED on the 25 day of July, 2018: i" ark A. 13receda, Mayor ATT T: ga M. Nieto, MMC Deputy City Clerk Ordinance No. 724 Page 8 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )SS. CITY OF IRWINDALE ) I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance No. 724 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on July 11, 2018, and adopted on second reading at a regular meeting of the City Council of the City of Irwindale held on July 25, 2018, and was carried by the following -roll call vote: AYES: Councilmembers: Ambriz, Burrola, Garcia, Ortiz, Mayor Breceda NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None L ra M. Nieto, MMC C ief Deputy City Clerk AFFIDAVIT OF POSTING I, Laura Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 724, adopted by the City Council of the City of Irwindale at its regular meeting held July 25, 2018, to be posted at the City Hall, Library, and Post Office on July 31, 2018. ��✓ �a )r l • Dated: July 31, 2018 La ra M. Nieto, MMC Chief Deputy City Cler Ordinance No. 724 Page 9