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HomeMy WebLinkAbout966 - OrdinanceORDINANCE NO. 966 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE TO REVISE REGULATIONS REGARDING ACCESSORY DWELLING UNITS, AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. A. Effective January 1, 2020, Senate Bill 13 ("SB 13"), Assembly Bill 68 ("AB 68"), and Assembly Bill 881 ("AB 881 ") amend Government Code Sections 65852.2 and 65852.22 to further limit the standards cities may impose on accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"). This Ordinance updates the City's local standards to comply with the revisions to State law. B. The Planning Commission considered this Ordinance on January 22, 2020, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 20-08, recommending approval of the Ordinance by the City Council. D. The City Council, at a regular meeting, considered the Ordinance on March 4, 2020, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or against this matter. E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. F. Based upon the substantial evidence presented to the City 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 Ordinance No. 966 - Page 1 of 9 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 residential living environment. The standards proposed in this Ordinance are designed to minimize impacts to surrounding and existing residential neighborhoods while ensuring compliance with State law. G. All legal prerequisites to the adoption of this Ordinance have occurred. Section 2. Section 17.126.020 (Universal Definitions) is hereby amended by adding a definition of "Unit, junior accessory dwelling or JADU' as follows, with all other definitions to remain unchanged: "Unit, junior accessory dwelling or JADU, means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure." Section 3. Chapter 17.100 (Accessory Dwelling Units) of Article V (Specific Use Requirements) of Title 17 (Zoning) of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "Chapter 17.100 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 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 multi -family use. Accessory dwelling units shall be deemed to be an accessory 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. A. Except for applications submitted pursuant to Section 17.100.040, an application for an accessory dwelling unit shall be reviewed for compliance with the provisions of this section through the plan check/zoning clearance process. Ordinance No. 966 - Page 2 of 9 B. The application shall be approved or denied within 60 days after the city receives the application, or in accordance with the deadline required by Government Code Section 65852.2, as that section may be amended from time to time. C. 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. D. Where an application for an accessory dwelling unit or junior accessory dwelling unit is submitted with an application for a single-family dwelling or multi -family dwelling that is subject to discretionary review under this code, the accessory dwelling unit or junior accessory dwelling unit permit application will be considered separately without discretionary review or a public hearing, following the action on the portion of the project that is subject to discretionary review. E. An application for an accessory dwelling unit or junior accessory dwelling unit shall be authorized by every owner of the property that is the subject of the application. 17.100.040 Exempt projects - building permit approval process. A. An applicant shall not be required to submit an application for plan check/ zoning clearance under this chapter, and may instead seek building permit approval for an accessory dwelling unit or junior accessory dwelling unit that satisfies the requirements of both the California Building Standards Code, as amended by the City, and Government Code Section 65852.2(e)(1), as the same may be amended from time to time, which requires the City to ministerially approve a building permit within a residential or mixed - use zone to create any of the following: 1. One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of either an existing single-family dwelling or existing accessory structure, and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. b. The space has exterior access from the proposed or existing single-family dwelling. C. The side and rear setbacks are sufficient for fire and safety. d. The JADU complies with the requirements of Government Code Section 65852.22 and with the requirements set forth in subsection D below. 2. One detached, new construction accessory dwelling unit that does not exceed four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a JADU Ordinance No. 966 - Page 3 of 9 described in paragraph 1 above. The accessory dwelling unit shall be no more than 800 square feet in size, with a height limit of 16 feet. 3. One accessory dwelling unit within the 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 unit complies with state building standards for dwellings. If requested, multiple accessory dwelling units shall be allowed, up to the number of accessory dwelling units that equals 25 percent of the existing multifamily dwelling units in the structure. 4. Not more than two detached accessory dwelling units located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and four - foot rear yard and side setbacks. B. A proposed accessory dwelling unit or JADU approved pursuant to this section shall comply with section 17.100.080 of this chapter. 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: Unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures. D. In accordance with the standards set forth in Government Code section 65852.22, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards in which case State law standards will govern: 1. A JADU shall be a minimum of 220 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a JADU. 2. A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling. 3. A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU. 4. A JADU may include separate sanitation facilities, or may share sanitation facilities with the single-family dwelling in which case the JADU shall have an interior door to allow access to the facilities in the single-family dwelling. 5. A JADU shall include an efficiency kitchen which shall include all of the following: a. a cooking facility with appliances. b. a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. Ordinance No. 966 - Page 4 of 9 6. No additional parking is required for a JADU. 17.100.050 Local Accessory Dwelling Unit development standards. Except for applications submitted pursuant to Section 17.100.040, all accessory dwelling units shall comply with the following development standards: A. Number of units per parcel. No more than one accessory dwelling unit shall be allowed on a single lot. 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 at least one existing permanent dwelling unit or the application for the accessory dwelling unit shall be made concurrently with an application for at least one dwelling unit 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 multi -family use. 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 17.100.050-1: TABLE 17.100.050-1 DEVELOPMENT STANDARDS FOR ACCESSORY P 1AIr1 1Kit- 1 IAIITo UVVCLL1N%J1 UPI 1 v Accessory Dwelling Unit Type Minimum Size Maximum Size' Hei ht Attached 220 sq. ft. 50% of main dwelling Cannot exceed unit or 1,200 sq. ft., the height of the whichever is less primary structure or 16 feet, whichever is hi her Detached 350 s . ft. 1,200 s . ft. 16 feet 7:J Maximum size for ADU does not include optional accessory WULAUlcs kl-M 901OUV, Ordinance No. 966 - Page 5 of 9 H. Lot coverage. Accessory dwelling units shall conform to the lot coverage requirements for the zoning district in which it is located, except where the application of the lot coverage regulations would not permit construction of an 800 square foot accessory dwelling unit that is 16 feet in height with four -foot side and rear yard setbacks. I. Setbacks. Accessory dwelling units shall comply with the following standards: 1. Accessory dwelling units shall maintain at least a 4-foot setback from the side and rear lot lines. 2. Notwithstanding the above, no setback shall be required for an accessory dwelling unit that is within an existing structure or within a structure constructed in the same location and dimensions as an existing structure. J. Parking. Parking for accessory dwelling units shall be provided as follows, in addition to the parking required for the main dwelling unit: 1. Newly constructed, detached accessory dwelling units shall provide a minimum of one parking space, unless they are exempt pursuant to subsection (5) herein. The parking space may be provided as tandem parking, in an enclosed garage, or in setback areas. 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 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, replacement of parking spaces that are eliminated by the construction of the accessory dwelling unit shall not be required as long as the accessory dwelling unit remains in use as a legal accessory dwelling unit. 5. Notwithstanding subsection J.1 herein, on -site parking is not required for an accessory dwelling unit in any of the following instances: a. The accessory dwelling unit is located within a one-half mile walking distance of public transit, as that term is defined in Government Code Section 65852.2, as may be amended from time to time; b. The accessory dwelling unit is located within a historic district; c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure; d. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or e. Where there is a car share station located within one block of the accessory dwelling unit. 17.100.060 Design standards. Ordinance No. 966 - Page 6 of 9 Except for applications submitted pursuant to Section 17.100.040, 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. Permitted driveways and walkways shall occupy no more than 50% of the front yard area, in compliance with Section 17.56.070. E. 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 materials, textures, trim, and landscaping of the main dwelling unit. 17.100.070 Historic buildings. A. 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. 17.100.080 Ownership, rental, and occupancy requirements. A. Owner occupancy required for junior accessory dwelling units. If the property contains a junior accessory dwelling unit, one of the residential dwellings on the lot shall be occupied as the primary residence of the owner of the lot and shall not be rented or leased as long as the junior accessory dwelling unit exists, unless state law is amended to prohibit owner occupancy requirements for junior accessory dwelling units. B. Rental occupancy. Any residential unit on a lot with an accessory dwelling unit or junior accessory dwelling unit must be rented for a period exceeding 30 consecutive days. C. Sale of accessory dwelling units. Sale or ownership of an accessory dwelling unit or junior accessory dwelling unit separate from the main dwelling unit is prohibited. D. Deed restrictions. Prior to final inspection for an accessory dwelling unit or junior 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 or junior 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. If the property contains a junior accessory dwelling unit, the junior 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 junior accessory dwelling unit, Ordinance No. 966 - Page 7 of 9 is occupied by the owner of record of the property, unless state law is amended to prohibit local agencies from requiring owner -occupancy; 3. Any rental of an accessory dwelling unit or junior 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. 17.100.090 Existing nonconforming units. Accessory dwelling units, second dwelling units, granny flat or similar accessory structures that exist as of October 19, 2018 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." Section 4. California Environmental Quality Act Exemption. The City Council determines that this Ordinance is exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., ("CEQA") and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because this zoning ordinance implements the provisions of Government Code Section 65852.2 and is therefore exempt from CEQA pursuant to Public Resources Code Section 21080.17 and California Code of Regulations Section 15282(h). To the extent that any provisions of this ordinance are not exempt pursuant to Section 15282(h), the amendments are not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 5. Submittal of Ordinance. The Community Development Director, or the Director's designee, shall submit a copy of the Ordinance to the Department of Housing and Community Development within 60 days after adoption of this Ordinance. Section 6. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after passage. Ordinance No. 966 - Page 8 of 9 PASSED, APPROVED, AND ADOPTED this 18th day of March, 2020. i ATTEST: 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 4th day of March 2020, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 18th day of March 2020. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 19th day of March 2020, at Rancho Cucamonga, California. Ordinance No. 966 - Page 9 of 9