Loading...
HomeMy WebLinkAboutD-1 Staff Report - Code Amendment No. 245 - Accessory Dwelling Unit - 1st ReadingSCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: DON PENMAN, INTERIM CITY MANAGER FROM: KURT CHISTIANSEN, FAICP, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 4, 2017 SUBJECT: FIRST READING OF ORDINANCE AMENDING CHAPTER 88.22 – NEIGHBORHOODS, AMENDING SECTION 88.30.014 – DWELLING UNIT MINIMUM FLOOR AREA, AMENDING SECTION 88.36.050 – NUMBER OF PARKING SPACES REQUIRED – TABLE 3-7 PARKING REQUIREMENTS, AMENDING SECTION 88.42.020 – ACCESSORY STRUCTURES, DELETING SECTION 88.42.190 – SECOND UNITS AND CARRIAGE HOUSES, ADDING SECTION 88.42.190 – ACCESSORY DWELLING UNITS, AND AMENDING SECTION 88.70.020 – DEFINITIONS OF SPECIALIZED TERMS AND PHRASES OF THE AZUSA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNIT REGULATIONS SUMMARY: Section 65852.2 of the Government Code regulates Accessory Dwelling Units (ADUs). On September 27, 2016, Governor Jerry Brown signed Senate Bill 1069 and Assembly Bill 2299, which amended Section 65852.2 to streamline processing and encourage development of ADUs. Among other changes, the amendment replaced the term “secondary unit” with “accessory dwelling unit,” limited cities’ ability to require parking for ADUs, and required cities approve with only a building permit certain ADUs built entirely within an existing home. SB 1069 and AB 2299 became effective January 1, 2017. On October 8, 2017, Governor Brown signed SB 229 and AB 494, which again amended Section 65852.2 to, among other changes, further limit cities’ ability to require parking for ADUs and to require setbacks for garage-conversion ADUs, The State Legislature’s purpose for enacting Section 65852.2 and its subsequent amendments is to provide additional rental housing to help solve California’s housing deficit. On October 25, 2017, the City of Azusa Planning Commission conducted a duly noticed public hearing, upon hearing all testimonies from the public, the Commission unanimously recommended to the City Council approval of Code Amendment No. 245. This action approves for first reading by title only an ordinance amending sections as they relate to Accessory Dwelling Units. APPROVED CITY COUNCIL 12/4/2017 Code Amendment Regulating Accessory Dwelling Units December 4, 2017 Page 2 RECOMMENDATION: Staff recommends the City Council take the following actions: 1) Find the requested project exempt from the California Environmental Quality Act (CEQA); 2) Open the Public Hearing, receive public testimony, close the public hearing, and introduce for first reading, by title only Ordinance No. 2017-14: FIRST READING OF ORDINANCE AMENDING CHAPTER 88.22 – NEIGHBORHOODS, AMENDING SECTION 88.30.014 – DWELLING UNIT MINIMUM FLOOR AREA, AMENDING SECTION 88.36.050 – NUMBER OF PARKING SPACES REQUIRED – TABLE 3-7 PARKING REQUIREMENTS, AMENDING SECTION 88.42.020 – ACCESSORY STRUCTURES, DELETING SECTION88.42.190 – SECOND UNITS AND CARRIAGE HOUSES, ADDING 88.42.190 – ACCESSORY DWELLING UNITS, AND AMENDING SECTION 88.70.020 – DEFINITIONS OF SPECIALIZED TERMS AND PHRASES OF THE AZUSA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNIT REGULATIONS 3) Adopt Resolution No. 2017-C73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ESTABLISHING FEES FOR ACCESSORY DWELLING UNITS DISCUSSION: There are various challenges when discussing additional housing units within single family residential areas. Some of the challenges are: 1. Individual access to the units. 2. Identifying units for fire and police access. 3. Setbacks to other residential units. 4. Architectural compatibility to existing residential units and neighborhood. 5. Owner occupied deed restrictions. 6. Maximum bedroom count. 7. Parking for units. ANALYSIS: In 2010, the City last adopted amendments to Section 88.42.190 – Second Units and Carriage Houses. Since then, the City has not conducted a comprehensive update to the Development Code as it relates to second units and carriage houses. The new terminology for second units and carriage houses are Accessory Dwelling Units (ADU). This comprehensive update includes code clean up, streamline procedures, and adherence to the recently amended State law. Code Clean Up Code Amendment Regulating Accessory Dwelling Units December 4, 2017 Page 3 The Development Code has various terminology and definitions to second units. The code makes reference to guest houses, second units, and carriage houses. The proposed code amendments will delete all the various terminologies and reference the new terminology as Accessory Dwelling Units (ADU). Streamline Procedures The Development Code has various code sections that need to be reference when dealing with second units and carriage houses. The proposed code amendments will consolidate most of the code sections into one section with minimal reference to other code sections. It will also outline the submittal requirements and standards. The various code amendments will streamline the procedures for building an ADU. Amended State Law Given the recent amendments to Section 65852.2, the Development Code currently does not adhere to the adopted legislation as it relates to ADUs. The proposed code amendments will adhere to State law include, but not limited to: 1.New terminology of “Accessory Dwelling Units (ADUs).” 2. Increasing maximum size of units to 1,200 square feet for detached ADU. 3. Allowing uncovered replacement parking for a garage-conversion ADU. 4. Exceptions to the required parking. 5. New setbacks for accessory dwelling units. Textual changes to the existing Development Code as briefly outlined above are fully identified in Exhibit “A – Draft Accessory Dwelling Unit Ordinance. The proposed changes are considered routine in order to comply with the mandates from the State. If the City’s Development Code provisions regarding ADUs do not conform to Section 65852.2, then Section 65852.2(a)(4) renders those provisions null and void and the City may only enforce the minimal standards provided in Section 65852.2. NOTICING: A legal notice of the public hearing on the pending Municipal Code Amendment was published in the legal advertisement section of San Gabriel Valley Tribune newspaper on November 24, 2017. This notice was posted in three public places and posted on the City’s website at www.ci.azusa.ca.us. As of the date of this Staff Report, no public correspondence has been received ENVIRONMENTAL REVIEW: Staff has reviewed the project for conformance with the California Environmental Quality Act (CEQA) and determined that the activity is statutorily exempt from the requirements of CEQA pursuant to Section 21080.17 of the Public Resources Code because it is an ordinance regarding second units in a single-family or multifamily residential zone to implement the provisions of Government Code Section 65852.1 and 65852.2. Code Amendment Regulating Accessory Dwelling Units December 4, 2017 Page 4 ZONING CODE AMENDMENT FINDING OF FACTS: In order to approve the Zoning Code Amendment, the Planning Commission must make the following Finding of Facts for Development Code amendments as described per Azusa Municipal Code Section 88.51.060(E): 1. That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan, any applicable specific plan, development agreement, owner participation agreement or disposition and development agreement. The Municipal Code amendment conforms to the goals, objectives and policies of the General Plan, which provides for orderly, functional patterns of land uses, sensitive to the natural environment and meeting the long-term social and economic needs of the community. This amendment will allow for the City to continue its regulation of ADUs in conformance with State law. Specifically, the proposed Development Code amendment furthers the following Land Use Policies of the General Plan: Policy 2.4. Preserve and protect established, stable residential neighborhoods. The proposed amendments allow the City to, consistent with state law, regulate accessory dwelling units in a manner more tailored to the needs of the City’s neighborhoods and residents. If the City’s Development Code provisions regarding ADUs do not conform to Government Code Section 65852.2, then Section 65852.2(a)(4) renders those provisions null and void and the City may only enforce only the minimum standards provided in Section 65852.2. 2.6 Permit and, as appropriate, encourage the rebuilding of neighborhoods that have areas damaged by poor development, poor maintenance, and rapid resident turnover in an eff ort to restore stability and rebuild neighborhood character. ADUs can be an important component of neighborhood redevelopment by contributing to a neighborhood’s affordable housing options and contributing to a neighborhood’s economic sustainability by affording homeowners the opportunity lease space on their lots. Policy 2.12. Allow for the development of housing types intended to meet the special needs of senior citizens, the physically challenged, and low and moderate income households provided that the units are designed to be compatible with adjacent residential structures. The proposed amendments will continue to enable the development of ADUs, which offer a more affordable options, opportunities for senior citizens to remain in their hometown or continue living with family, space for caretakers, among other beneficial uses. The proposed amendments will ensure that the City regulates the size, occupancy, Code Amendment Regulating Accessory Dwelling Units December 4, 2017 Page 5 and architecture of accessory dwelling units, in a manner consistent with state law, that promotes compatibility with adjacent residential structures. The proposed Development Code amendment conforms with the intent of Development Code and Municipal Code at-large, specifically that zones are created and land uses established to protect the physical, social and economic stability of residential, commercial, recreational and other land uses within the City to assure orderly and beneficial development; to protect existing resident and property owners from the adverse effects of incompatible uses; to reduce hazards to the public resulting from inappropriate land uses; and to establish Azusa as a safe community with a high quality of life for residents. The Development Code amendment includes various standards, including setbacks, architectural compatibility, rear yard setback coverage, passageway, and independent required parking. 2. That a proposed zone change will not adversely affect surrounding properties. A zone change is not proposed as a component of this Development Code amendment. Therefore, the proposed Development Code amendment would not adversely affect surrounding properties because current land use and zoning designations will remain as they are. FISCAL IMPACT: Staff is recommending the City establish a related permitting fee to process the Accessory Dwelling Unit Permit. The total Accessory Dwelling Unit Permit shall be $2,042.24 (Base Fee - $1,945.00 & Tech Fee - $97.24). This amount, as required by law, represents the reasonable relationship between the fees to be collected and the cost incurred by the City for processing permit applications. The City has the authority to impose fees, charges and rates under the police power granted by Article XI, Section 7 of the California Constitution. The proposed permit fee amount will not exceed the estimated reasonable costs of providing the services. The City will follow the procedures outlined in the California Government Code to implement the permit fee. Prepared by: Reviewed and Approved: Manuel Muñoz Kurt Christiansen, FAICP Associate Planner Economic and Community Development Director Fiscal Impact Reviewed by: Reviewed and Approved: Talika M. Johnson Louie F. Lacasella Director of Finance Senior Management Analyst Reviewed and Approved: Don Penman Interim City Manager Code Amendment Regulating Accessory Dwelling Units December 4, 2017 Page 6 Attachments: 1) Ordinance No. 2017-14 2) Resolution No. 2017-C73 for Fees 3) Map of Low Density Subzones ORDINANCE NO. 2017-14 AN ORDINANCE AMENDING CHAPTER 88.22 – NEIGHBORHOODS, AMENDING SECTION 88.30.014 – DWELLING UNIT MINIMUM FLOOR AREA, AMENDING SECTION 88.36.050 – NUMBER OF PARKING SPACES REQUIRED – TABLE 3-7 PARKING REQUIREMENTS, AMENDING SECTION 88.42.020 – ACCESSORY STRUCTURES, DELETING SECTION88.42.190 – SECOND UNITS AND CARRIAGE HOUSES, ADDING SECTION 88.42.190 – ACCESSORY DWELLING UNITS, AND AMENDING SECTION 88.70.020 – DEFINITIONS OF SPECIALIZED TERMS AND PHRASES OF THE AZUSA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNIT REGULATIONS WHEREAS, the City of Azusa, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the Planning and Zoning Law authorizes cities to provide by ordinance for the creation of second units; and WHEREAS, to address California’s shortage of housing supply, the California Legislature approved, and the Governor signed into law, Assembly Bill 2299 (Bloom, Chapter 735, Stats. 2016) and Senate Bill 1069 (Wieckowski, Chapter 720, Stats. 2016). Assembly Bill 2299 and Senate Bill 1069 are double jointing bills and will be cited here as only Assembly 2299; and WHEREAS, Assembly Bill 2299, among other things, amended California Government Code Section 65852.2. This legislation imposes new limitations on local authority to regulate second units, which are now referred to as “accessory dwelling units” (“ADU”); and WHEREAS, Assembly Bill 2299 was effective on January 1, 2017 and rendered all non- compliant local ordinances null and void on that date unless and until an agency adopts an ordinance that complies with Government Code Section 65852.2 as amended by Assembly Bill 2299; and WHEREAS, subsequent to AB 2299, the California Legislature approved, and the Governor signed into law, Assembly Bill 494 (Bloom) and Senate Bill 229 (Wieckowski), which further amended Government Code 65852.2. Assembly Bill 494 and Senate Bill 229 are double jointing bills and will be cited here as only Assembly Bill 494; and WHEREAS, Assembly Bill 494 will be effective on January 1, 2018 and render all non- compliant local ordinances null and void on that date unless and until an agency adopts an ordinance that complies with Government Code Section 65852.2 as amended by Assembly Bill 494; and WHEREAS, The City desires to amend the Development Code to create a local regulatory scheme for the construction of accessory dwelling units that fully complies with Government Code Section 65852.2 as amended by Assembly Bills 2299 and 494; and Attachment 1 Ordinance No. 2017-14 Accessory Dwelling Units Page 2 of 18 WHEREAS, on ____________ ____, ______, the City Council of the City of Azusa conduced a noticed public hearing on the proposed amendments to the Development Code at which all persons wishing to testify in connection with the proposed amendments were heard and the proposed amendments were fully studied, discussed, and deliberated; and WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report presented during the public hearing for the proposed amendments to the Development Code. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AZUSA AS FOLLOWS: SECTION 1. RECITALS. The City Council finds that the above recitals are true and correct and hereby adopts them as findings in support of this Ordinance. SECTION 2. FINDINGS FOR DEVELOPMENT CODE AMENDMENT. The City Council further finds that this Ordinance satisfies the findings required by Municipal Code Section 88.51.060(E) for an amendment to the Development Code: 1. That the amendment is consistent with the goals, policies, and objectives of the General Plan, any applicable specific plan, development agreement, owner participation agreement or disposition and development agreement. The proposed Development Code amendment conforms to the goals, objectives and policies of the General Plan, which provides for orderly, functional patterns of land uses, sensitive to the natural environment and meeting the long-term social and economic needs of the community. This amendment will allow for the City to continue its regulation of accessory dwelling units in conformance with State law. Specifically, the proposed Development Code amendment furthers the following Land Use Policies of the General Plan: Policy 2.4. Preserve and protect established, stable residential neighborhoods. The proposed amendments allow the City to, consistent with state law, regulate accessory dwelling units in a manner more tailored to the needs of the City’s neighborhoods and residents. If the City’s Development Code provisions regarding ADUs do not conform to Government Code Section 65852.2, then Section 65852.2(a)(4) renders those provisions null and void and the City may only enforce only the minimum standards provided in Section 65852.2. Policy 2.6. Permit and, as appropriate, encourage the rebuilding of neighborhoods that have areas damaged by poor development, poor maintenance, and rapid resident turnover in an eff ort to restore stability and rebuild neighborhood character. Ordinance No. 2017-14 Accessory Dwelling Units Page 3 of 18 Accessory dwelling units can be an important component of neighborhood redevelopment by contributing to a neighborhood’s affordable housing options and contributing to a neighborhood’s economic sustainability by affording homeowners the opportunity lease space on their lots. Policy 2.12. Allow for the development of housing types intended to meet the special needs of senior citizens, the physically challenged, and low and moderate income households provided that the units are designed to be compatible with adjacent residential structures. The proposed amendments will continue to enable the development of accessory dwelling units, which offer a more affordable options, opportunities for senior citizens to remain in their hometown or continue living with family, space for caretakers, among other beneficial uses. The proposed amendments will ensure that the City regulates the size, occupancy, and architecture of accessory dwelling units, in a manner consistent with state law, that promotes compatibility with adjacent residential structures. The proposed amendments conforms with the intent of Development Code and the Municipal Code at-large, specifically that zones are created and land uses established to protect the physical, social and economic stability of residential, commercial, recreational and other land uses within the City to assure orderly and beneficial development; to protect existing resident and property owners from the adverse effects of incompatible uses; to reduce hazards to the public resulting from inappropriate land uses; and to establish Azusa as a safe community with a high quality of life for residents. The Development Code amendments include various standards like; setbacks, architectural compatibility, rear yard setback coverage, passageway, and independent required parking. Therefore, the proposed Development Code amendments are consistent with the goals, policies, and objectives of the General Plan. 2. That a proposed zone change will not adversely affect surrounding properties. A zone change is not proposed as a component of this Development Code amendment. Therefore, the proposed Development Code amendment would not adversely affect surrounding properties because current land use and zoning designations will remain as they are. SECTION 3. FINDINGS FOR TANDEM PARKING. Section 65852.2(a)(1)(D)(x)(II) permits the City to prohibit tandem parking for accessory dwelling units, if the City Council makes findings that tandem parking is not feasible based upon specific or regional topographical conditions or based upon fire and life safety conditions. Ordinance No. 2017-14 Accessory Dwelling Units Page 4 of 18 The City currently prohibits tandem parking in residential zones. The City Council finds that this prohibition of tandem parking should also apply to parking required for accessory dwelling units for, in part, the following reasons:  Tandem parking may hinder residents’ ability to timely and safely comply with evacuation orders during threats of fire.  Tandem parking may lead to increased incidents of vehicles illegally parked on the curb cut, sidewalk, or elsewhere in the public right-of-way. SECTION 4. AMENDMENT. Section 88.22 – Neighborhoods of the Azusa Municipal Code is hereby amended to show as strikeout represents delete and bold text represents new, as shown: LAND USE TYPE (1) PERMIT REQUIRED BY ZONE NG1 NG2 NG3 L MED MOD L MED MOD L MED MOD Second unit or carriage house P P P P P P P P P Accessory Dwelling Unit P - - P - - P - - SECTION 5. AMENDMENT. Section 88.30.014 – Dwelling Unit Minimum Floor Area of the Azusa Municipal Code is hereby amended to read as strikeout represents delete, as shown: Type or Size of Dwelling Minimum Floor Area for Each Unit Other Multi-family housing (including second units and carriage houses Accessory Dwelling Units) Accessory Dwelling Unit 150 sf Studio Unit 500 sf Ordinance No. 2017-14 Accessory Dwelling Units Page 5 of 18 SECTION 6. AMENDMENT. Section 88.36.050 – Number of Parking Spaces Required – Table 3-7 Parking Requirements by Land Use of the Azusa Municipal Code is hereby amended to show as bold text represents new, as shown: TABLE 3-7. PARKING REQUIREMENTS BY LAND USE Land Use Type: Vehicle Spaces Required: Guest Parking 1 guest space for each 3 units in a project of five or more units. Accessory Dwelling Unit 1 off-street parking space per unit or per bedroom, whichever is less. Duplex 2 spaces within a garage for each unit SECTION 7. AMENDMENT. Section 88.42.020 – Accessory Structures of the Azusa Municipal Code is hereby amended to read as strikeout represents delete, as shown: “88.42.020 – Accessory Structures D. Guest Houses. A guest house is specifically prohibited use. However, any guest house legally existing prior to February 19, 1992 shall be allowed as a permitted use. ” SECTION 8. AMENDMENT. Section 88.42.190 – Second Units and Carriage Houses of the Azusa Municipal Code is hereby deleted. SECTION 9. AMENDMENT. Section 88.42.190 – Accessory Dwelling Units of the Azusa Municipal Code is hereby added to read in its entirety as follows: “88.42.190 - ACCESSORY DWELLING UNITS A. PURPOSE. The purpose of this chapter is to provide reasonable regulations for the development of accessory dwelling units in certain areas and on lots developed or proposed to be developed with single-family residential dwellings. Such accessory dwelling units contribute needed housing to the community’s housing stock and promote housing opportunities for the persons wishing to reside in the City of Azusa. In addition, the regulations in this Section are intended to promote the goals and policies of the City’s General Plan and comply with requirements codified in the state Planning and Zoning Law related to accessory dwelling units in residential areas, including California Government Code section 65852.2. B. DEFINITIONS. Ordinance No. 2017-14 Accessory Dwelling Units Page 6 of 18 1. “Accessory dwelling unit” means a residential dwelling unit that is detached from, attached to, or located within the living area of an existing primary dwelling unit, and that provides independent living facilities for one or more persons, which shall include kitchen and bathroom facilities. 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 section 18007. 2. “Living area” is defined as the interior habitable area of a dwelling unit, including basements and attics, but not including a garage or any accessory structure. C. EFFECT OF CONFORMING ACCESSORY DWELLING UNIT. An accessory dwelling unit that conforms to this section shall: 1. Be deemed an accessory use or an accessory building and not be considered to exceed the allowable density for the lot upon which it is located; 2. Be deemed a residential use that is consistent with the general plan and the zoning designations for the lot; 3. Not be considered in the application of any ordinance, policy, or program to limit residential growth; and 4. Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service. D. LOCATIONS PERMITTED. 1. Except as provided in subparagraph (2), accessory dwelling units may be permitted in the following zones: NG1 Neighborhood General 1 NG2 Neighborhood General 2 NG3 Neighborhood General 3 L MED MOD L MED MOD L MED MOD P Not Permitted Not Permitted P Not Permitted Not Permitted P Not Permitted Not Permitted 2. Accessory dwelling units that meet the requirements of Subparagraph (F.2) may be located in any single-family residential zone. E. PERMIT PROCEDURES. Ordinance No. 2017-14 Accessory Dwelling Units Page 7 of 18 1. Permits. a. Except as provided in subparagraph (b) below, approved applications for an accessory dwelling unit will result in an accessory dwelling unit permit (ADU Permit). The applicant shall also obtain a building permit as required by the building code and record a deed restriction as provided in Section G – Deed Restriction. b. Exception. Accessory dwelling units that meet the requirements of Subparagraph (F.2) shall obtain a building permit as required by the building code and record a deed restriction as provided in Section G – Deed Restriction. 2. Application Processing. a. Applications for an accessory dwelling unit permit must be submitted to the Planning Division on a form and with information and materials, as adopted by the Director of Economic and Community Development. The applications shall include, at a minimum: i. Site Plan (drawn to scale). Dimension the perimeter of the parcel on which the accessory dwelling unit will be located. Indicate the location and dimensioned setbacks, and dimensions of all existing and proposed structures on the site. Provide dimensions of all easements, right of way(s), building envelopes, parking and paved areas. ii. Floor Plan. Complete floor plans of both existing and proposed conditions shall be provided. Each room shall be dimensioned and resulting floor area calculation included. The use of each room shall be labeled. The size and location of all doors, closets, walls and cooking facilities shall be clearly depicted. iii. Elevations. North, south, east, west elevations that show all exterior structure dimensions, all architectural projections, and all openings for both the existing residence and the proposed dwelling unit. b. The Director may collect a fee for processing the application, provided such fee is approved by resolution or ordinance of the City Council. 3. Review. a. The Director of Economic and Community Development will review and approve complete applications for an accessory dwelling unit permit that comply with the requirements of Section F - Standards and G - Deed Ordinance No. 2017-14 Accessory Dwelling Units Page 8 of 18 Restrictions. The accessory dwelling unit permit application shall be considered ministerial without any discretionary review or a hearing. b. The Director of Economic and Community Development will approve or disapprove of an application for an accessory dwelling unit permit within 120 days after receiving the complete application. c. Except as otherwise provided in this chapter, the construction of an accessory dwelling unit shall be subject to any applicable fees adopted pursuant to the requirements of California Government Code, Title 7, Division 1, Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). F. STANDARDS. 1. Except as provided in subparagraph (2), accessory dwelling units must meet the following standards: a. Development on the Lot. i. A single-family dwelling must exist on the lot or will be constructed in conjunction with the accessory dwelling unit. ii. The accessory dwelling unit must be: 1. Detached from the existing primary dwelling, but located on the same lot as the existing dwelling; 2. Attached to the existing dwelling; or 3. Located within the existing dwelling or legally established accessory structure. iii. Only one accessory dwelling unit shall be allowed per lot. iv. The accessory dwelling unit is not intended for sale separate from the primary residence. b. Occupancy. i. The accessory dwelling unit may be rented for terms longer than 30 days. ii. The property owner shall comply with Section 14-352 – Registration prerequisite to rental, lease, occupancy or preoccupancy. Ordinance No. 2017-14 Accessory Dwelling Units Page 9 of 18 iii. The property owner shall comply with Section 18-703 – Rental of apartments, rooming houses, individual homes. c. Building and Construction. i. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. ii. An accessory dwelling unit is required to have fire sprinklers, only if the primary residence is also required to have fire sprinklers. iii. An accessory dwelling unit shall connect to the City’s sewer system. Connection to an existing private sewage disposal system shall be approved by the Director of Public Works. iv. An accessory unit shall meet the requirements of the building code, as adopted and amended by Section 14-1 – Codes Adopted of the Municipal Code, that apply to detached dwellings, as appropriate. v. An accessory unit shall have separate utility connection between the accessory dwelling unit and the utility. The connection shall be subject to a connection fee or capacity charge, or both, proportionate to the burden of the proposed unit, based on either its size or the number of its plumbing fixtures, upon water, electric and sewer systems. vi. An accessory unit shall have a separate address. The address assignment shall be subject to a building address fee and approval by the Economic and Community Development. d. Parking. i. Except as provided in subparagraph (ii): 1. One off-street parking space per unit or per bedroom, whichever is less. 2. If parking is required: (I) The required parking spaces shall have a paved area, garage, or carport of ten (10) feet wide by twenty (20) feet length and be shall be accessed by driveway and not prohibit access to other required parking spaces. The parking space may be located on setback areas approved by the Director of Economic and Community Development unless specific findings are made under subparagraph (II). Ordinance No. 2017-14 Accessory Dwelling Units Page 10 of 18 (II) Parking arrangements in subparagraph (I) may be prohibited if the Director of Economic and Community Development makes specific findings that such parking arrangements are not feasible based upon specific site or regional topographical or fire or life safety conditions, or that such arrangements are not permitted anywhere in the jurisdiction. (III) If an existing covered parking space that was required by Chapter 88.36 of this Code is eliminated due to the construction of an accessory dwelling unit, then the replacement parking space may be located on shall be located on the same lot as the accessory dwelling unit and may be in any arrangement on that lot, including, but not limited to, covered, uncovered, or tandem. The replacement parking space must be paved. ii. Parking standards shall not be imposed on an accessory dwelling unit in any of the following circumstances: 1. The accessory dwelling unit is located within a walkable one-half (1/2) mile of public transit, including, without limitation, a bus stop, train station, or paratransit stop, as designated by a public agency. 2. The accessory dwelling unit is located within a historically significant historic district and/or designated as historic properties by the Azusa City Council. 3. The accessory dwelling unit is built entirely within the existing primary residence or a legally established existing 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 (1) walkable block of the accessory dwelling unit. e. Height. The accessory dwelling unit must meet the height standards of the applicable zoning district. Ordinance No. 2017-14 Accessory Dwelling Units Page 11 of 18 f. Setbacks. i. Except as provided in subparagraphs (ii) and (iii), an accessory dwelling unit must meet the following setback: 1. Front Setback – Standards of the applicable zoning district. 2. Side Setback – Five (5) feet shall be required from the side lot line for an accessory dwelling unit. 3. Side Street Setback – Ten (10) feet shall be required from the side lot line of the street for an accessory dwelling unit. 4. Rear Setback – Ten (10) feet shall be required from the rear lot line for an accessory dwelling unit. ii. No setback shall be required for a legally established existing garage that is converted to an accessory dwelling unit or into part of an accessary dwelling unit. iii. A minimum setback of five (5) feet shall be required from the side and rear lot lines for an accessory dwelling unit constructed above a legally established existing garage. g. Unit Size. i. The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum floor area of 1,200 square feet. ii. The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet. iii. The accessory dwelling unit shall contain no less than the 150 square feet area minimum required for an efficiency dwelling unit as defined in Section 17958.1 of the Health & Safety Code. h. Rear Yard Setback Lot Coverage. i. Lots without rear alley access. An accessory dwelling unit that is larger than 150 square feet shall not cover more than 35 percent of the required rear setback area for the applicable zoning district less the rear setback requirement for accessory dwelling units (e.g. if the generally permitted rear setback for the applicable zone is 50 feet and the accessory dwelling unit setback is 10 feet, an accessory dwelling unit larger than 150 square feet may not occupy Ordinance No. 2017-14 Accessory Dwelling Units Page 12 of 18 more than 35 percent of the 40 foot setback beyond the initial accessory dwelling unit 10 foot setback). ii.Lots with rear alley access. For lots with rear alley access, an accessory dwelling unit that is larger than 150 square feet shall not cover more than 80 percent of the rear setback area for the applicable zoning district less the rear setback requirement for accessory dwelling unit (e.g. if the generally permitted rear setback for the applicable zone is 50 feet and the accessory dwelling unit setback is 10 feet, an accessory dwelling unit larger than 150 square feet may not occupy more than 80 percent of the 40 foot setback beyond the initial accessory dwelling unit 10 foot setback). i. Landscape. The accessory dwelling unit must meet the landscaping standards of the applicable zoning district. j. Site Design and Architecture Design Standards The site design and architectural design standards of the accessory dwelling unit shall relate to the design of the primary residence by use of the similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch. The accessory dwelling unit shall meet the following requirements: i. Passageway – Passageway shall be required in conjunction with the site design of the accessory dwelling unit. “Passageway” is defined as a pathway that is unobstructed clear to the sky and extends from the accessory dwelling unit main entrance to the street. ii. Windows Placement – An accessory dwelling unit that is placed 15 feet or less from a residential unit on the same parcel or an adjacent parcel shall not have windows that directly face windows in other unit. iii. Main Entrance Architectural Enhancements – Architectural enhancements shall be required for main entrances of attached and detached accessory dwelling units. “Architectural enhancements” is defined as an increase of additional architectural elements to include two of the following elements; architectural lighting, covered patios, overhangs, architectural projections, enhanced building materials, and/or other enhancements as approved per the Director of Economic and Community Development. Ordinance No. 2017-14 Accessory Dwelling Units Page 13 of 18 iv. Number of Bedrooms – A detached or attached accessory dwelling unit shall have a maximum of two bedrooms. 2. An accessory dwelling unit is exempt from the requirements of subparagraph (F.1) if the unit meets all the requirements of subparagraph (F.2.a) below: a. The accessory dwelling unit: i. Is one accessory dwelling unit per single-family lot located within a single-family residential zone; ii. Is contained within the existing space of a legally permitted single- family residence or accessory structure; iii. Has independent exterior access from the existing residence; and iv. The side and rear setbacks are sufficient for fire safety. b. If the requirements of subparagraph (F.2.a) are met, then the following shall apply: i. Development on the Lot. The accessory dwelling unit may not be sold separately from the primary residence ii. Occupancy. 1. The accessory dwelling unit may be rented for terms longer than 30 days. 2. The property owner shall comply with Section 14-352 – Registration prerequisite to rental, lease, occupancy or preoccupancy. 3. The property owner shall comply with Section 18-703 – Rental of apartments, rooming houses, individual homes. iii. Building and Construction. 1. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. 2. An accessory dwelling unit is required to have fire sprinklers, only if the primary residence is also required to have fire sprinklers. Ordinance No. 2017-14 Accessory Dwelling Units Page 14 of 18 3. The applicant is not required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, or to be charged a related connection fee or capacity charge. 4. An accessory unit shall meet the requirements of the building code, as adopted and amended by Section 14-1 – Codes Adopted of the Municipal Code, that apply to detached dwellings, as appropriate. 5. An accessory unit shall have a separate address. The address assignment shall be subject to a building address fee and approval by the Economic and Community Development. iv. Parking. 1. No additional parking is required. 2. If an existing covered parking space that was required by Chapter 88.36 of this Code is eliminated due to the construction of an accessory dwelling unit, then the replacement parking space shall be located on the same lot as the accessory dwelling unit and may be in any arrangement on that lot, including, but not limited to, covered, uncovered, or tandem. The replacement parking space must be paved. G. DEED RESTRICTION. Prior to issuance of a Certificate of Occupancy by the Building Division for an accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the County Recorder’s office and a copy filed with the Planning Division. Said deed restriction shall run with the land, and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the City and shall provide that: 1. The accessory dwelling unit shall not be sold separately from the primary residence. 2. The unit is restricted to the approved size and attributes of this chapter. 3. The deed restrictions run with the land and may be enforced against future purchasers. 4. The deed restrictions shall be enforced by the Director of Economic and Community Development or his or her designee for the benefit of the City of Ordinance No. 2017-14 Accessory Dwelling Units Page 15 of 18 Azusa. Failure of the property owner to comply with the deed restrictions may result in legal action against the property owner and the City shall be authorized obtain any remedy available to it at law or equity, including but not limited to obtaining an injunction enjoining use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit.” SECTION 10. AMENDMENT. Section 88.70.020 – Definitions of Specialized Terms and Phrases of the Azusa Municipal Code hereby amended to read as strikeout represents delete and bold text to represent new, as shown: Carriage House. A secondary residential unit located over a detached garage. See also “Second Unit.” Guest House. Living quarters within an accessory building located on the same premises as the primary building for use by temporary guest of the occupants of the premises having no kitchen facilities and not rented or otherwise used as a separate dwelling. A guest house legally existing prior to February 19, 1992 shall be allowed as a permitted use. Second Unit. A second permanent dwelling that is accessory to a primary dwelling on the same site. A second unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking, and if attached to the primary dwelling, is provided exterior access separate from the primary dwelling. Includes guest houses. See also "Carriage House." “Accessory dwelling unit” means a residential dwelling unit that is detached from, attached to, or located within the living area of an existing primary dwelling unit, and that provides independent living facilities for one or more persons, which shall include kitchen and bathroom facilities. 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 section 18007. “Living area” is defined as the interior habitable area of a dwelling unit, including basements and attics, but not including a garage or any accessory structure. SECTION 11. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 12. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING. The City Council of the City of Azusa finds the adoption of this Ordinance to be statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section Ordinance No. 2017-14 Accessory Dwelling Units Page 16 of 18 21080.17 of the Public Resources Code because it is an ordinance regarding second units in a single-family or multifamily residential zone to implement the provisions of Government Code Section 65852.1 and 65852.2. SECTION 13. EFFECTIVE DATE. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. SECTION 14. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Azusa. SECTION 15. FILING. 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 by the City Council of the City of Azusa, California, at a regular meeting of the City Council held on the ___ th day of _________, 2017. AYES: NOES: ABSENT: ABSTAIN: CITY OF AZUSA ________________________________ Jose Romero Rocha, Mayor ATTEST: ________________________________ Jeffrey Lawrence Cornejo, Jr., City Clerk Ordinance No. 2017-14 Accessory Dwelling Units Page 17 of 18 APPROVED AS TO FORM: ________________________________ Marco Martinez, City Attorney Ordinance No. 2017-14 Accessory Dwelling Units Page 18 of 18 CERTIFICATION I, Jeffrey Lawrence Cornejo, Jr., City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. ____ is the actual Ordinance No. ____ that was introduced at a regular meeting of said City Council on the _____ day of _______________, 20__ and was finally passed and adopted not less than five (5) days thereafter on the ____ day of _____________, 20__ by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Jeffrey Lawrence Cornejo, Jr., City Clerk RESOLUTION NO. 2017-C73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ESTABLISHING FEES FOR ACCESSORY DWELLING UNITS PERMITS WHEREAS, the City of Azusa, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City adopted Resolution No. 2016-C5 decreasing and increasing certain user fees for provision of services by the City; and WHEREAS, the City proposes to amend the Azusa Municipal Code to regulate massage establishments in compliance with the provisions of Assembly Bill 2299 (Bloom, Chapter 735, Stats. 2016) and Senate Bill 1069 (Wieckowski, Chapter 720, Stats. 2016). Assembly Bill 2299 and Senate Bill 1069 are double jointing bills and will be cited here as only Assembly 2299 which address California’s shortage of housing supply, WHEREAS, Assembly Bill 2299, among other things, amended California Government Code Section 65852.2. This legislation imposes new limitations on local authority to regulate second units, which are now referred to as “accessory dwelling units” (“ADU”). WHEREAS, Assembly Bill 2299 was effective on January 1, 2017 and rendered all non- compliant local ordinances null and void on that date unless and until an agency adopts an ordinance that complies with Government Code Section 65852.2 as amended by Assembly Bill 2299. WHEREAS, Subsequent to AB 2299, the California Legislature approved, and the Governor signed into law, Assembly Bill 494 (Bloom) and Senate Bill 229 (Wieckowski), which further amended Government Code 65852.2. Assembly Bill 494 and Senate Bill 229 are double jointing bills and will be cited here as only Assembly Bill 494. WHEREAS, Assembly Bill 494 will be effective on January 1, 2018 and render all non- compliant local ordinances null and void on that date unless and until an agency adopts an ordinance that complies with Government Code Section 65852.2 as amended by Assembly Bill 494. WHEREAS, The City desires to create a local regulatory scheme for the construction of accessory dwelling units that fully complies with Government Code section 65852.2 as amended by Assembly Bills 2299 and 494; and WHEREAS, pursuant to Government Code Sections 66016 and 66018, the specific fees charged must be adopted by the City Council by Resolution, after providing notice and holding a public hearing; and WHEREAS, the City Council has duly noticed and conducted a public hearing on November 24, 2017, concerning the adoption of said fees; Attachment 2 Resolution No. 2017-C December 4, 2017 Page 2 of 4 WHEREAS, the City Council has complied with Government Code section 66018 prior to imposing the application fees set forth in this Resolution. NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Azusa that: Section 1. Incorporation of Recitals. The City Council hereby finds and determines that the recitals of this Resolution are true and correct and hereby incorporated into this Resolution as though fully set forth herein. Section 2. Fee Adoption. The adopted user fee schedule adopted by Resolution No. 2016- C5 is hereby amended to incorporate the fee for processing of $2,042.24 (Base Fee - $1,945.00 & Tech Fee - $97.24) for the Accessory Dwelling Unit Permit. Section 3. Severability. If any provisions, clause, sentence or paragraph of this Resolution or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Resolution, which can be given effect without the invalid provision or application and, to this end, the provisions of this Resolution are hereby declared to be severable. Section 4. CEQA. This Resolution does not commit the City to any action that may have significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act. The City Clerk of the City, is authorized and directed to file a Notice of Exemption with the appropriate office of the County of Los Angeles, California, within five (5) days following the date of adoption of this Resolution. Section 5. Effective Date. This Resolution takes effect upon the effective date of Ordinance No. 2017-C14. MOVED, PASSED, APPROVED and ADOPTED this 4th day of December, 2017 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ____________________________ Joseph R. Rocha, Mayor ATTEST: Jeffrey Cornejo, City Clerk APPROVED AS TO FORM: Resolution No. 2017-C December 4, 2017 Page 3 of 4 Marco Martinez Best Best & Krieger LLP City Attorney Resolution No. 2017-C December 4, 2017 Page 4 of 4 CERTIFICATION I, Jeffrey Cornejo, City Clerk of the City of Azusa, California, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the ____th day of ________, 2017, by the following vote to wit: AYES: NOES: ABSENT: ATTEST: Jeffrey Cornejo City Clerk 13th St Sierra Madre Ave 11th St 9th St 8th St 3rd St 1st StAspan AveParamount StVernon AveSan Gabriel AveAzusa AvePasadena AveCerritos AveFoothill Blvd Haltern St Armsead St Mason St Foothill Blvd Sunset AveCloverCt Foothill Blvd 10th St 5th St Virginia AveGladstone St 2nd St 3rd St 4th St Rockvale Ave6th St Citrus AveAlosta Ave Baseline Rd Barranca AveVincent AveCalle DeCielo McKeever AveMcKeever AveOrange AveSunset AveSan Gabriel Cyn. RdPark Dr LimeAve Ranburn Ave5th St Gladstone St Lark Ellen AveAzusa AveAvenida De La Suerte Pasadena Ave6th St Viewcrest DrCitrus AveEnid AveDanlee StMtn. View CirSunset AveEllsworth St Durant St Channing St Bancroft St Ashby St Timberline Dr Montecito D r Hidden Valley Dr Virginia An n Dr Lori Ann AveEdith Ann DrBrian AveDeborah AveHollis AveLaurel Valley DrPoint O Woods DrLoren AveConey AveMillerAveGeorgia PlIndustrial St Georgia AveOrange AveLemon AveLouise AveBarbara AveVernon AveBayless St 4th St Bayless St Orange AveDuell St Virginia AveParksideSt Jerez St Momax St Solem St Barbara AveLouise AveLemon AveOrange AveLouise AveEnid AveOrange AveSunset AveGrandin AveAngeleno AveSan GabrielAveAngeleno AveDurell AveLee DrLee Pl Matchwood Pl Fenimore AveCalvados AveEdenfield AveViceroy AveGlenlyn Dr Lenfield St Hanks St PowellAveOld Mill RdSoldano AveHolmar AveRainbow Dr Pasadena AveAzusa AveMontelloDr BagnallSt HollyvaleSt Orangecrest AveTwintree AveGlenfinnan AveLimeSt 6th StCedarglen HollyvaleSt HalternSt Hollyvale St Alford St Galatea St Citrus Edge St Fondale St Nearfield St Gaillard St Ghent StRanger DrCalera AveGrantlandDrManning St McKinley St Murray AveO'Malley AveDixon St Roland St Russell StNoble AveElliott AveAzusa Ln Casita St Celeste St Renwick Rd Rosalina AveScott AveSunset AvePayson St Kirkwall RdAlamedaAve Renwick Rd Kirkwall Rd Payson St Newburgh StAspan AveVirginia AveJackkson AveZachary Padilla AveHollyvale St North St Calle De Las Estrellas Calle De La Luna Calle De l S o lAvenida Conejo13th St12th StVista Bonita St Hibiscus AveNobhill DrHilltop DrViewcrest DrCircledellDrRidge View DrMirador DrFox TailCtPoppyglen CtWildflower Wy Mtn. Laurel Wy Whispe r i n g W i l l o w Ct Turning Leaf W y Highwood Ct Moonridge Ct Boulder Ridge Ct Silver Forest CtRiver Rock CtShady CoveCt Sagebrush WyMossdale CtSandstone WyRock Springs CtBrookside Wy AspendaleCt Mtn. LaurelWy Canyon VistaDrClearhavenDr Ranch RdCanyon ViewForest DrDaybreak Dr Sundance Ct Windsong Ct Wildflower Ct Somerset Ct Northv i e w Ct MorningsideCtFernCt AlderCt WalnutCtCrystal Cyn. CtSusannaCt Monroe Ct SpruceCt CypressRd Star Pinect EvergreenCt Shady Oak Ct Sierra Madre Av e Carmenita Wy Mandevilla Wy Orange Wy Old Sierra MadreAve Blossom HeatherCir Azusa Veterans WyGardenia Dr Desert Willow R dVosburg D r Ursey DrBoxwood Ln OrtunoDrMacNeil DrGriffith StPhel p s Wy Weeping WillowDr Li n l e y St Manresa Dr San FelipeHill HollySt PampasCt OakCt LopezLnC h e s t n u t L n Tangerine St Juniper Ridge Ct McKeller Ct Lilac Wy HawthornWyMagnolia WyCrapemyrtleAveWilsford Wy LemonS w i r l Dr La v e n d e r W y Bo u g a i n v i l l e a W y Dr.Lak e v i e w T e r Ruelas Wy Monrovia Pl Mountain Wy The Promenade Palm DrRosedale AveRuby Lace Wy Barberry Wy Woodbine WyCornejoWySweetbriar LnSunriseLnChaparralLnCassiaLnBouquet CtBotanicaLnPrimroseLnRoseway Ct Purple SageDrAcaciaCt OrchardLpPalm DrPonderosa Dr Pepper Tree Dr Silver MapleDr Laurel OakDr SycamoreDr Sequoia LnUniversity Dr Calera AveMauna Loa Ave Duell St 2nd St Hanks St Rodecker DrRodecker DrDuell StDominguezPlHollyvale St Stein LnPlum TreeDr Oakview Dr Poplar ViewDr Santa Fe Av eAnnandale LnFactor AveGalanto AveOakbank DrHanlin AveTraymore AveKirkwall Rd Newburgh St VistadelCir RunningDr Fairvale AveMira LomaDr Orkney StHollyvaleSt Alameda AveDalton AveSoldano AveSan G a b r i e l P l GrandviewDr Noble PlStonebrookStAngeleno AveSan Gabriel AveVernon AveTodd Ave10th St 8th St 12th St Palm DrCyn. Heights MillerAveNG1 NG3 NG2 NG3 NG2 NG3 NG3 NG3 NG3 Low DensityResidential Low Legend District / Corridor /Neighborhood Boundary