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HomeMy WebLinkAbout938 - Ordinance ORDINANCE NO. 938 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE AMENDING REQUIREMENTS AND STANDARDS FOR 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 Ordinance No. 938— Page 1 of 9 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. Ordinance No. 938 — Page 2 of 9 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. of the rimar structure Detached 350 sq. ft. 1,200 sq. ft. 16 feet Ordinance No. 938— Page 3 of 9 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; Ordinance No. 938 — Page 4 of 9 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. Ordinance No. 938— Page 5 of 9 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." Ordinance No. 938— Page 6 of 9 SECTION 5. The land use labeled "Dwelling, Second Unit" and its associated footnote in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements) of Chapter 17.30 (Allowed Land Use by Base Zoning District) is hereby deleted in its entirety. SECTION 6. The allowed use description labeled "Dwelling, Second Unit" in Section 17.32.020.A.4 (Allowed Use Descriptions) of Chapter 17.32 (Allowed Use Descriptions) is hereby deleted in its entirety. SECTION 7. The definition for Second Dwelling Unit in Section 17.126.020 (Universal Definitions) of Chapter 17.126 (Universal Definitions) is hereby deleted in its entirety. SECTION 8. Section 17.126.020 (Universal Definitions) of Chapter 17.126 (Universal Definitions) is amended to add the definitions as follows: "Accessory Dwelling Unit. See Unit, Accessory Dwelling. Unit, Accessory Dwelling means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as a single-family or multi-family dwelling is situated. An accessory dwelling unit also includes the following: • An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code • A manufactured home, as defined in Section 18007 of the Health and Safety Code Guesthouse means an attached or detached accessory structure used as sleeping quarters for guests of the occupants of the main dwelling and (a) contains no kitchen or cooking facilities; (b) is clearly subordinate and incidental to the principal residence on the same site; and (c) is not rented or leased, whether compensation be direct or indirect." SECTION 9. The City Council hereby approves the "Covenant and Agreement (Accessory Dwelling Unit)" in substantially the form attached as Exhibit A and authorizes the City Manager to make revisions or additions to said agreement that the City Manager reasonably determines are appropriate to effect the purposes of this Ordinance. The City Manager is also hereby authorized to approve and execute said agreements and other necessary documents in connections with accessory dwelling units in accordance with this Ordinance. SECTION 10. The City Council hereby directs the City Clerk to make all necessary, non-substantive conforming revisions to the Municipal Code in order to codify this Ordinance, including clerical corrections to section numbers, table and figure references, cross references, and renaming "Second Dwelling Units" as "Accessory Dwelling Units" throughout the Municipal Code. SECTION 11. 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, Ordinance No. 938 — Page 7 of 9 subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 12. 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 13. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. Ordinance No. 938— Page 8 of 9 PASSED, APPROVED, AND ADOPTED this 19th day of September, 2018. r; L. Dennis Michael, Mayor ATTEST: J ' ce C. Reynolds, City CII rk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 5th day of September 2018, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 19th day of September 2018. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 20th day of September 2018, at Rancho Cucamonga, California. ,Dice C. Reynolds, City Clerk Ordinance No. 938— Page 9 of 9 Exhibit A RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 [Space Above Line For Recorder's Use] Recording Fee: Exempt pursuant to California Government Code Section 27383 COVENANT AND AGREEMENT (Accessory Dwelling Unit) This covenant and agreement is made and entered into as of the day of , 20 , by and among the undersigned, [insert names of Owners and their legal statuses] (the "Owner"), and the City of Rancho Cucamonga, a California municipal corporation(the"City"). RECITALS: A. The Owner represents and warrants that Owner is the record owner of the real property (the"Property") located in the City of Rancho Cucamonga, County of San Bernardino, State of California,particularly and legally described as follows: • Street Address: • San Bernardino County APN Number(s): • Legal Description: [See Exhibit B] or [ insert text here] B. The Property is zoned [insert Zone District, i.e., R-1] as shown in the [insert Zoning Map or Specific Plan] and is currently developed with, or will be developed with, one single-family residence. There is no existing accessory dwelling unit ("ADU") on the Property. Pursuant to the applicable provisions of the Rancho Cucamonga Municipal Code, the use of the Property is limited to residential purposes. Pursuant to the City's ADU Ordinance, an ADU is only permitted where it is accessory to a single-family residential use. C. The Owner has made application to the City for a permit to [construct an ADU [or] convert an existing structure to an ADU] on the Property pursuant to Rancho Cucamonga Municipal Code. D. The ADU may be rented as an independent living facility separate and apart from the primary dwelling unit on the Property. However, the ADU shall not be sold or otherwise conveyed separately from the primary dwelling unit. 1 rev:07/26/18 E. The Owner is required to record this covenant as a condition precedent to the issuance of the building permit for the ADU pursuant to the Rancho Cucamonga Municipal Code. F. The City has a property interest in the streets adjacent to the Property and owns other property within the City. NOW, THEREFORE, in consideration of the foregoing, and as a condition of the issuance of the necessary permits and certificates in connection therewith, the Owner hereby covenants, promises and agrees, on behalf of the Owner, and on behalf of the Owner's heirs, representatives, successors and assigns (including, without limitation, each person having any interest in the Property derived through any owner of the Property) (collectively, the "Successors"), for the benefit of the City, the public, the City's property interest in the street commonly known as [insert name of street fronting the Property], the sidewalks around it, and the City's other public property, as follows: 1. The Owner shall construct the ADU in substantial compliance with the plans submitted to and approved by the City's Planning Department attached as Exhibit A (the "Plans"). The Owner and all Successors shall maintain the ADU and the property in accordance with all applicable ADU requirements and standards. 2. The ADU shall not be sold or otherwise conveyed separately from the primary dwelling unit on the Property. 3. The Property shall at all times be owner occupied meaning that the owner of record of the Property must at all times reside in and occupy either the primary residence or the ADU. 4. No more than one ADU shall be permitted on the Property. The primary use of the Property shall at all times remain single-family residential. 5. The ADU shall not be rented for a term less than 30 consecutive days. 6. The ADU shall not exceed a maximum size of[insert approved square footage of ADU] square feet as shown on the Plans. 7. The Owner shall provide at all times a minimum of[insert# of parking spaces (or remove provision if it is zero)] on-site parking space(s) for the ADU. Said parking space(s) shall be located substantially in the location(s) shown on the Plans. 8. It is the intention hereof that this covenant and agreement shall constitute a covenant running with the land owned by the Owner. This covenant and agreement shall be enforceable by and shall inure to the benefit of the City and the City's successors and assigns, and shall be jointly and severally binding upon the Owner, and each of the Successors. In addition and without limiting the foregoing, any violation will be subject to penalties as provided in Chapters 1.12 of the Municipal Code. 2 rev:07/26/18 9. The Owner shall indemnify, hold harmless and defend City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from any claim, demand, damage, liability, financial loss, cost or expense (including, without limitation, attorneys' fees and costs) arising, either directly or indirectly, from any City permit or permits authorizing the construction of the ADU on the Property, (including, without limitation, this covenant and agreement, and the conditions contained herein), even though such liability or loss may arise, in whole or in part, out of the negligence (including, without limitation, active or passive negligence)of the Indemnitees. 10. This covenant and agreement shall remain in effect until (a)released in writing by the authority of the City's Planning Department, upon submittal of a request, applicable fees and evidence to the satisfaction of the Planning Department that this covenant and agreement are no longer required, or (b) released in writing by the order of the City Council upon a determination by the City Council that this covenant and agreement is no longer required. 11. If any provision, section,paragraph, sentence, clause or word of this covenant and agreement be rendered or declared invalid or ineffective by any final action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, clauses and words of this covenant and agreement shall remain in full force and effect. 12. This covenant and agreement shall be recorded in the office of the County Recorder for the County of San Bernardino. - Signatures Begin on Next Page - Executed this day of , 20 CITY OF RANCHO CUCAMONGA: OWNER: * [Print Name] By: * Name: Name: Title: Title: By: Name: Title: 3 rev:07/26/18 NOTE: If any Owner is a corporate entity, signatures from two corporate officers are required. One signature must be from any officer in Group A, and one signature must be from any officer in Group B as follows: Group A: the chairman of the board,the president, or any vice president Group B: the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer of the corporation 4 rev:07/26/18 EXHIBIT "A" THE PLANS SHOWING LOCATION OF REQUIRED PARKING SPACES Exhibit"A"consists of#of pages pages, excluding this cover page. EXHIBIT A rev:07/26/18 EXHIBIT B If legal description is typed into Recital A, delete this page EXHIBIT "B" Legal Description Exhibit"B" consists of# of pages pages, excluding this cover page. rev:07/26/18