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HomeMy WebLinkAboutD-1 - Staff Report - ADU Urgency OrdinanceSCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 2, 2019 SUBJECT: ADOPTION OF AN URGENCY ORDINANCE AMENDING SECTION 88.42.190 OF THE AZUSA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA BACKGROUND: In 2019, the California Legislature approved, and the Governor signed into law a number of bills (“New ADU Laws”) that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on local authority to regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). The New ADU Laws take effect January 1, 2020, and if the City’s ADU ordinance does not comply with the New ADU Laws, the City’s ordinance becomes null and void on that date as a matter of law. RECOMMENDATION: Staff recommends that the City Council take the following action: 1)Adopt Urgency Ordinance No. 2019-04 Amending Section 88.42.190 of the Azusa Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and determining the ordinance to be exempt from CEQA. ANALYSIS: The proposed ordinance amends the City’s local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22. Failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) as of January 1, 2020, renders the City’s ordinance regulating ADUs and JADUs null and void, thereby limiting the City to the application of the few default standards provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs. The approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, architectural APPROVED CITY COUNCIL 12/2/2019 ADU and JADU Urgency Ordinance December 2, 2019 Page 2 review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. The attached draft urgency ordinance (Attachment 1) includes changes to the Azusa Municipal Code Section 88.42.190 substantially in the form attached. The ADU code amendments are proposed for adoption by both urgency ordinance, in accordance with Government Code section 36937, subdivision (b), and, in parallel, by non-urgency ordinance. Environmental Review: Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law. In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of appurtenant accessory structures and garages as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the conversion of existing structures into, and the new construction of, ADUs and JADUs, which are, by definition, structures that are accessory to a primary dwelling on the lot. Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the ordinance will: (1) Not result in the construction of ADUs or JADUs within a particularly sensitive environment because these accessory structures will necessarily be built on a lot already developed with a primary dwelling; (2)Not result in a potentially significant cumulative impact; (3)Not result in a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances; (4) Not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. No residential properties are located adjacent to a state scenic highway; (5) Not be located on a hazardous waste site included on any list compiled pursuant to § 65962.5 of the Government Code. No property zoned residential is located on a hazardous waste site; or (6)Not result in a substantial adverse change in the significance of a historical resource. Historical resources are subject to separate permitting process with the Planning Division. ADU and JADU Urgency Ordinance December 2, 2019 Page 3 FISCAL IMPACT: There is no fiscal impact associated with adopting the proposed Urgency Ordinance. Prepared by: Reviewed by: Robert (Dean) Flores Manuel Muñoz Assistant Planner Planning Manager Reviewed by: Fiscal Impact Reviewed by: Matt Marquez Talika M. Johnson Director of Economic and Community Development Director of Administrative Services Reviewed and Approved by: Sergio Gonzalez City Manager Attachment: 1. Draft Urgency Ordinance No. 2019-04 URGENCY ORDINANCE NO. 2019-04 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 88.42.190 OF THE CITY OF AZUSA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA WHEREAS, the City of Azusa, California (“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 act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and WHEREAS, in 2019, the California Legislature approved, and the Governor signed into law a number of bills (“New ADU Laws”) that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, the New ADU Laws take effect January 1, 2020, and if the City’s ADU ordinance does not comply with the New ADU Laws, the City’s ordinance becomes null and void on that date as a matter of law; and WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage the New ADU Laws because if the City’s ordinance does not comply with Government Code sections 65852.2 and 65852.22 (as amended) as of January 1, 2020 and the City’s ordinance regulating ADUs and JADUs becomes null and void, the City would thereafter be limited to applying the few default standards that are provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b), ATTACHMENT 1 Urgency Ordinance for ADU and JADU December 2, 2019 Page 2 of 4 NOW, THEREFORE, the City Council of the City of Azusa does ordain as follows: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law. In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of appurtenant accessory structures and garages as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the conversion of existing structures into, and the new construction of, ADUs and JADUs, which are, by definition, structures that are accessory to a primary dwelling on the lot. Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the ordinance will: (1) Not result in the construction of ADUs or JADUs within a particularly sensitive environment because these accessory structures will necessarily be built on a lot already developed with a primary dwelling; (2) Not result in a potentially significant cumulative impact; (3) Not result in a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances; (4) Not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. No residential properties are located adjacent to a state scenic highway; (5) Not be located on a hazardous waste site included on any list compiled pursuant to § 65962.5 of the Government Code. No property zoned residential is located on a hazardous waste site; or (6) Not result in a substantial adverse change in the significance of a historical resource. Historical resources are subject to separate permitting process with the Planning Division. Urgency Ordinance for ADU and JADU December 2, 2019 Page 3 of 4 Section 3. Chapter 88.42.190 of the Azusa Municipal Code is hereby amended and restated as provided in Exhibit “A”, attached hereto and incorporated herein by reference. Section 4. This ordinance takes effect immediately upon its adoption. Section 5. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption. Section 6. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption. Section 7. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof. PASSED, APPROVED AND ADOPTED by the City Council of the City of Azsua, California, at a regular meeting of the City Council held on the ___ th day of _________, 2019 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City of Azusa ________________________________ Mayor ATTEST: ________________________________ City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP ________________________________ City Attorney Urgency Ordinance for ADU and JADU December 2, 2019 Page 4 of 4 EXHIBIT A Amendments to Municipal Code (follows this page) Chapter 88.42.190 – Accessory Dwelling Units (a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22. (b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be: (1) Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located. (2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. (3) Considered in the application of any local ordinance, policy, or program to limit residential growth. (4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(7) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12. (c) Definitions. As used in this section, terms are defined as follows: (1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and (B) A manufactured home, as defined by Section 18007 of the California Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (3) “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. (4) “Efficiency kitchen” means a kitchen that includes each of the following: (A) A cooking facility with appliances. (B) A food preparation counter or counters that total at least 15 square feet in area. (C) Food storage cabinets that total at least 30 square feet of shelf space. (5) “Junior accessory dwelling unit” or “JADU” means a residential unit that (A) is no more than 500 square feet in size, (B) is contained entirely within an existing or proposed single-family structure, (C) includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure, and (D) includes an efficiency kitchen, as defined in subsection (c)(4) above (6) “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. (7) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. (9) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (10) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (11) “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. (d) Approvals. The following approvals apply to ADUs and JADUs under this section: (1) Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios: (A) Converted on Single-family Lot: Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU: (i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress. (ii) Has exterior access that is independent of that for the single-family dwelling. (iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. (B) Limited Detached on Single-family Lot: One detached, new- construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (d)(1)(A) above), if the detached ADU satisfies the following limitations: (i) The side- and rear-yard setbacks are at least four-feet. (ii) The total floor area is 800 square feet or smaller. (iii) The peak height above grade is 16 feet or less. (C) Converted on Multifamily Lot: Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, and up to 25 percent of the existing multifamily dwelling units may each have a converted ADU under this paragraph. (D) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations: (i) The side- and rear-yard setbacks are at least four-feet. (ii) The total floor area is 800 square feet or smaller. (2) ADU Permit. (A) Except as allowed under subsection (d)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (e) and (f) below. (B) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The ADU-permit processing fee is determined and approved by the City Council by resolution. (3) Process and Timing. (A) An ADU permit is considered and approved ministerially, without discretionary review or a hearing. (B) The City must act on an application to create an ADU or JADU within 60 days from the date that the City receives a completed application, unless either: (i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or (ii) In the case of a JADU and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing. (e) General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (d)(1) or (d)(2) above: (1) Zoning. (A) An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential. (B) An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. (2) Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. (3) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. (4) No Separate Conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). (5) Sewer or Septic System. The ADU or JADU will connect to sewer system or to an onsite water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (6) Owner Occupancy. (A) All ADUs created before January 1, 2020 are subject to the owner- occupancy requirement that was in place when the ADU was created. (B) An ADU that is created after that date but before January 1, 2025, is not subject to any owner-occupancy requirement. (C) All ADUs that are created on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence. (D) All JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. (7) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director of Economic and Community Development. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that: (A) The ADU or JADU may not be sold separately from the primary dwelling. (B) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section. (C) The deed restriction runs with the land and may be enforced against future property owners. (D) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director of Economic and Community Development, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. (E) The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. (f) Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above. (1) Maximum Size. (A) The maximum size of a detached or attached ADU subject to this subsection (f) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed. (B) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. (C) Application of other development standards in this subsection (f), such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, or open-space requirements may require the ADU to be less than 800 square feet. (2) Rear Yard Lot Coverage. No ADU subject to this subsection (f) may cover more than 35% of the rear yard lot coverage, subject to subsection (f)(1)(C) above. (3) Height. (A) A single-story attached or detached ADU may not exceed 16 feet in height above grade, measured to the peak of the structure. (B) A second story or two-story attached ADU may not exceed the height of the primary dwelling. (4) Passageway. No passageway, as defined by subsection (c)(8) above, is required for an ADU. (5) Parking. (A) Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(11) above. (B) Exceptions. No parking under subsection (f)(7)(A) is required in the following situations: (i) The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(10) above. (ii) The ADU is located within an architecturally and historically significant historic district. (iii) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (d)(1)(A) above. (iv) When on-street parking permits are required but not offered to the occupant of the ADU. (v) When there is an established car share vehicle stop located within one block of the ADU. (C) No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. (6) Site Design and Architectural Requirements. (A) 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 (B) 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. (C) Dedicated walkway for access from the public right-of-way (not including alleys) to the main entrance of the ADU and JADU. (D) 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. (7) Landscape Requirements. (A) The accessory dwelling unit must meet the landscaping standards of the applicable zoning district. (8) Historical Protections. Designated Historic Properties shall adhere to Chapter 55 – Historic Preservation of the Azusa Municipal Code. (g) Fees. (1) Impact Fees. (A) No impact fee is required for an ADU that is less than 750 square feet in size. (B) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.) “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. (2) Utility Fees. (A) Converted ADUs and JADUs on a single-family lot, created under subsection (d)(1)(A) above, are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required unless the ADO or JADU is constructed with a new single-family home. (B) All ADUs and JADUs not covered by subsection (g)(2)(A) above require a new, separate utility connection directly between the ADU or JADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service. (h) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (a) through (g)(2) of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.