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HomeMy WebLinkAbout18-52 - Resolution - Recommending Approval Of Municipal Code Amendment Accessory Dwelling Units RESOLUTION NO.18-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2018-00606, AMENDING REQUIREMENTS AND STANDARDS FOR THE DEVELOPMENT OF ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2018- 00606, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application". 2. On August 8, 2018, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing on August 8, 2018, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. General Plan Housing Goal HE-1 promotes the creation of new opportunities that enable a broad range of housing types, maintain a balanced supply of ownership and rental units, and provide sufficient numbers of dwelling units to accommodate expected new household formations; and b. General Plan Land Use Policy LU-1.1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment; and c. By developing a revised ordinance governing accessory dwelling units, the City is permitting ADU's as required by State law, with provisions to ensure that they are compatible with the main dwelling unit and surrounding neighborhood. 3. The Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15282(h) of CEQA which establishes a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 PLANNING COMMISSION RESOLUTION NO.18-52 MUNICIPAL CODE AMENDMENT DRC2018-00606 - CITY OF RANCHO CUCAMONGA August 8, 2018 Page 2 of the Government Code pertaining to ADUs. The proposed code amendment is consistent with this exemption. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2018-00606 as indicated in Attachment A incorporated herein by this reference. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF AUGUST 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich Macias, Chairman ATTEST: Cand e urnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of August 2018, by the following vote-to-wit: AYES: COMMISSIONERS: GUGLIELMO, MACIAS, MUNOZ NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: OAXACA, WIMBERLY ABSTAIN: COMMISSIONERS: DRAFT ORDINANCE AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE AMENDING REQUIREMENTS AND STANDARDS FRO THE DEVELOPMENT OF ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW, AND MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City of Rancho Cucamonga, has prepared Municipal Code Amendment DRC2018-00606, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment is referred to as "the amendment". A. The City of Rancho Cucamonga, California (the "City") is a municipal corporation, duly organized under the constitution and laws of the State of California. B. Over the years, the City has adopted ordinances pertaining to second dwelling units to address municipal options and issues presented by changes in State law. C. In 2016, Governor Brown signed Senate Bill 1069, Assembly Bill 2299, and Assembly Bill 2406 into law. The legislation clarified that second units would be referred to from this point forward as ADU's and effectively nullified the City's existing Second Dwelling Unit chapter of the Development Code (17.100). Cities have the option to adopt local regulations to implement the new legislation of default to State law for the regulation of ADU's. The legislation did permit a certain amount of discretion if local regulations are adopted. D. On the 8th day of August, 2018, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the amendment and, following the conclusion thereof, issued Resolution No. 18-52, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. E. On the 5th day of September 2018, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing on that date. F. All legal prerequisites to the adoption of this Ordinance have occurred. SECTION 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17 (Development Code) in the amendment are consistent with the General Plan goals, policies and implementation programs. General Plan Housing Goal HE-1 promotes the creation of new opportunities that enable a broad range of housing types, maintain a balanced supply of ownership and rental units, and provide sufficient numbers of dwelling units to accommodate expected new household formations. The development of accessory dwelling units provides an opportunity for additional development of low- and moderate-income housing. General Plan Land Use Goal LU-1.1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the ATTACHMENT A Draft Ordinance — Page 1 of 7 residential living environment. The standards proposed designed to minimize impacts to surrounding and existing residential neighborhoods while ensuring compliance with State law. SECTION 3. Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15282(h) of CEQA which establishes a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code pertaining to ADUs. The proposed code amendment is consistent with this exemption. SECTION 4. Chapter 17.100 (Second Dwelling Units) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby deleted in its entirety and replaced as follows: "CHAPTER 17.100 ACCESSORY DWELLING UNITS Section 17.100.010: Purpose. Section 17.100.020: Applicability. Section 17.100.030: Approval Required. Section 17.100.040: Development Standards. Section 17.100.050: Design Standards. Section 17.100.060: Historic Buildings. Section 17.100.070: Ownership and Occupancy Requirements. Section 17.100.080: Existing Nonconforming Units. Section 17.100.090: Conversion of Existing Spaces to Accessory Dwelling Units. 17.100.010 Purpose. The purpose of this chapter is to establish development standards for the construction and operation of accessory dwelling units on lots zoned to allow single-family or multifamily use and including a proposed or existing single-family dwelling in a manner that is consistent with the requirements of State law. 17.100.020 Applicability. The provisions of this chapter apply to all lots that are zoned to allow single-family or multifamily use and include a proposed or existing single-family dwelling. Accessory dwelling units shall be deemed to be an accessory single-family residential use, which is consistent with the existing General Plan and zoning designations for the lot. The addition of an accessory dwelling unit shall not be considered to exceed the allowable density of the lot upon which such unit is proposed to be established. 17.100.030 Approval Required. The application for an accessory dwelling unit shall be reviewed for compliance with the provisions of this section through the plan check/zoning clearance process. The application shall be approved or denied within 120 days after the City receives the application. Notwithstanding any other provision of this Code to the contrary, no minor exception from any requirement of this chapter shall be approved, nor shall any application for such a minor exception be accepted for processing. Draft Ordinance — Page 2 of 7 17.100.040 Development Standards. All accessory dwelling units shall comply with the following development standards: A. Number of units per parcel. No more than one (1) accessory dwelling unit shall be allowed on a single lot. An accessory dwelling unit shall not be allowed on a site with more than one existing or proposed dwelling unit. B. Code Compliance. Accessory dwelling units shall be constructed in accordance with provisions of the latest edition of building and other codes adopted by the City unless specifically exempted in this chapter. C. Existing Lot and Uses. An accessory dwelling unit shall be permitted if the existing lot and dwelling, or proposed lot and dwelling, meet the following requirements: 1. The lot on which the accessory dwelling unit is proposed to be established shall contain one existing permanent single-family dwelling or the application for the accessory dwelling unit shall be made concurrently with an application for a single-family dwelling on the same lot; 2. The lot on which the accessory dwelling unit is proposed to be established shall not contain any existing accessory living quarters, second dwelling units, granny flats, guest houses, servant's quarters, or similar facilities, unless the proposal includes demolition or modification of such facilities so as to comply with the provisions of this section; 3. The zoning regulations for the lot allow for the development of a single-family dwelling or multifamily use; and 4. The existing lot is a minimum of five thousand (5,000) square feet; D. Facilities. The accessory dwelling unit shall have a separate entrance and shall contain kitchen and bathroom facilities separate from those of the main dwelling unit. E. Utility Services. The accessory dwelling unit may be metered separately from the main dwelling unit for gas, electricity, communications, water and sewer services. F. Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. G. Size.The size of the accessory dwelling unit shall comply with the following requirements indicated in Table 17.100.040-1 TABLE 17.100.040-1 DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS Accessory Height Dwelling Unit Minimum Size Maximum Size Type 50% of main dwelling unit or Cannot exceed the height Attached 220 sq. ft. primary 1,200 sq. ft. rimar of the structure Detached 350 sq. ft. 1,200 sq. ft. 16 feet Draft Ordinance— Page 3 of 7 H. Bedrooms. The accessory dwelling unit shall contain no more than two (2) bedrooms. I. Separation. A detached accessory dwelling unit shall have a minimum separation of ten (10) feet between the main dwelling unit and the detached accessory dwelling unit. J. Lot Coverage. Accessory dwelling units shall conform to the lot coverage requirements for the zoning district in which it is located. K. Setbacks. Accessory dwelling units shall comply with the following standards: 1. Units located within the rear yard setback area shall maintain a minimum 5-foot rear and side yard setback. 2. Units located outside of the rear yard setback area shall maintain the same setbacks as the primary structure. 3. Notwithstanding the above, no setback shall be required for an existing garage that is converted to an accessory dwelling unit or a portion of an accessory dwelling unit. L. Parking. Parking for accessory dwelling units shall be provided as follows, in addition to the parking required for the main dwelling unit: 1. Accessory dwelling units shall provide a minimum of one parking space. 2. If parking for the accessory dwelling unit is provided in a garage which also provides parking for the main dwelling unit, the provided space(s) shall be for the exclusive use of the accessory dwelling unit. The space(s) shall be separated from any garage spaces for the main dwelling unit by a wall or other permanent barrier and shall have a separate or independent garage door. 3. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the accessory dwelling unit has access from a public alley contiguous to the lot or is located on a corner lot for which secondary access is permitted for parking outside the street side setback. A vehicular driveway that provides access to required parking shall have a minimum width of ten (10) feet. 4. When a required garage, carport, or covered parking structure for the main dwelling unit is converted or demolished in conjunction with the construction of an accessory dwelling unit, the replacement spaces for the main dwelling unit may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces in compliance with the requirements of this section. 5. On-site parking is not required for an Accessory Dwelling Unit in any of the following instances: i. The accessory dwelling unit is located within a one-half mile walking distance of a transit stop with service at peak commute time of 15-minutes or less; ii. The accessory dwelling unit is located within a historic district; iii. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure; Draft Ordinance — Page 4 of 7 iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or v. Where there is a car share station located within one block of the accessory dwelling unit. 17.100.050 Design Standards. All accessory dwelling units shall comply with the following design standards: A. Exterior stairs shall not be visible from any public right-of-way, excluding alleys or trails. B. The color, material, and texture of the roof shall be substantially the same as the main dwelling unit. C. The color, material, and texture of all building walls shall be substantially the same as the main dwelling unit. D. The accessory dwelling unit shall maintain the scale and appearance of a single-family dwelling. E. Permitted driveways and walkways shall occupy no more than fifty percent (50%) of the front yard area, in compliance with section 17.56.070. F. When a garage, carport, or covered parking structure that is visible from any public right- of-way is converted or demolished in conjunction with the construction of an accessory dwelling unit, the design shall incorporate features to match the scale, materials, textures, trim, and landscaping of the main dwelling unit. 17.100.060 Historic Buildings. A. An accessory dwelling unit proposed for any lot that includes a building listed in the National Register of Historic Places, California Register of Historic Places, or the City's local historic inventory shall conform to the requirements for the historic structure. B. An accessory dwelling unit proposed for a property under a Mills Act Contract must comply with all Mills Act guidelines, including design conformance with the United States Secretary of the Interior Standards. 17.100.070 Ownership and Occupancy Requirements. A. Owner Occupancy Required. One of the residential dwellings on a lot on which the accessory dwelling unit is proposed to be established shall be occupied as the primary residence of the owner of the lot and shall not be rented or leased as long as the accessory dwelling unit exists. B. Rental Occupancy. The residential unit that is not occupied by the owner of the property in conformance with this subsection may be rented for no less than 30 consecutive days at any time. Draft Ordinance — Page 5 of 7 C. Sale of Accessory Dwelling Units. Sale or ownership of an accessory dwelling unit separate from the main dwelling unit is prohibited. D. Deed Restrictions. Prior to issuance of a building permit for an accessory dwelling unit, the property owner shall execute and record in the office of the County Recorder a covenant setting forth the following minimum requirements, in a form and substance satisfactory to the Planning Department and City Attorney's Office: 1. The accessory dwelling unit shall not be sold or owned separately from the main dwelling unit, and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership; 2. The accessory dwelling unit shall be a legal unit, and may be used as habitable space, only so long as either the main dwelling unit, or the accessory dwelling unit, is occupied by the owner of record of the property; 3. Any rental of the accessory dwelling unit shall be for a period exceeding 30 consecutive days; and 4. The restrictions shall be binding upon any successor in ownership of the property. 17.100.080 Existing Nonconforming Units. A. Accessory dwelling units, second dwelling units, granny flat or similar accessory structures that exist as of [the effective date of this chapter] that have previously been legally established may continue to operate as legal nonconforming accessory dwelling units. Any accessory dwelling unit that exists as of the effective date of this section, and has not previously been legally established, is considered an unlawful use, unless the Planning Director determines that the unit meets the provisions of this section. 17.100. 090 Conversion of Existing Spaces to Accessory Dwelling Units. A. A proposed accessory dwelling unit that is contained entirely within the existing space of a single-family residence or existing accessory structure may be converted to an accessory dwelling unit through the issuance of a building permit provided that the proposed unit has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. B. A proposed accessory dwelling unit approved pursuant to this section shall comply with section 17.100.070 of this code. C. Conversion of the following structures shall not be approved pursuant to this section, but may be approved pursuant to the full requirements of this chapter: 1. Unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures. 2. Animal enclosures or buildings used for the housing of animals. 3. Accessory buildings or accessory structures that are less than 150 square feet in area." Draft Ordinance — Page 6 of 7 SECTION 5. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of 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 adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. Draft Ordinance — Page 7 of 7