HomeMy WebLinkAbout19-19 - Authorize Accessory Dwelling Units (ADU's)URGENCY ORDINANCE NO. 19-19
AN URGENCY ORDINANCE OF THE COSTA MESA CITY COUNCIL TO
AUTHORIZE ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW
REQUIREMENTS BY AMENDING PORTIONS OF TITLE 13 OF THE
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Findings. The City Council finds as follows:
WHEREAS, effective January 1, 2020 multiple new housing laws relating to
accessory dwelling units (ADUs) will become law, including AB 68, AB 881, SB 13, AB
587, and AB 670; and
WHEREAS, municipal regulations which are inconsistent with state law may be
preempted effective January 1, 2020; and
WHEREAS, to preserve what limited authority the city has remaining to regulate
ADUs, it is desirable that the City update its laws consistent with the law as it will be in
effect January 1, 2020.
SECTION 2: Code Amendment. Section 13-6 (Definitions). Effective January 1, 2020,
the definition of "Accessory Dwelling Unit (ADU)" within Title 13, Chapter I, Article 2,
Section 13-6 (Definitions) is hereby amended as follows:
Accessory Dwelling Unit (ADU). A seGend dwelling unit established OR G9Rj61RGtieR
with and subordinate to the SiRgle-family dwel1iRg unit existiRg OR the property
aGGessery dwelling unit Fnay be as studie with Re bedFoem eF GeRtaiR a maximum
a�rrk� et eF building on the came le4 It may a169 he referred to as .ten
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. See Section
13-35.
SECTION 3. Municipal Code Section 13-35. Effective January 1, 2020, Title 13,
Chapter V, Article 1, Section 13-35 is revised to provide:
Section 13-35. Accessory Dwelling Units
A. Accessory dwelling units and junior accessory dwelling units —Purpose,
definitions, occupancy.
Urgency Ordinance No. 19-19 Page 1 of 12
Purpose and Interpretation. The intent of this Section is to ensure that accessory
dwelling units and junior accessory dwelling units remain as an accessory use to
a single-family residence, that the structures on parcels are organized to
accommodate an accessory dwelling unit and/or junior accessory dwelling unit,
and that such dwelling units do not adversely impact surrounding residents or the
community. This Section 13-35 is intended to retain the maximum ability of the
city to regulate accessory dwelling units and to comply with the requirements of
state law, but only to the extent the city is required to do so. Notwithstanding any
other provision of this Section 13-15 to the contrary, nothing in this Section shall
be interpreted to allow any accessory dwelling unit or junior accessory dwelling
unit except to the extent required by state law.
2. Definitions.
a. The terms "accessory dwelling unit", "public transit", "passageway" and
"tandem parking" all have the same meaning as that stated in Government
Code section 65852.2 as that section may be amended time to time.
b. "Junior accessory dwelling unit" shall have same meaning as that stated in
Government Code section 65852.22(h)(1) as that section may be amended
time to time.
3. Occupancy. Except as otherwise provided by law (e.g., Government Code
section 65852.26), accessory dwelling units and junior accessory dwelling units
may be rented separate from the primary residence, but may not be sold or
otherwise conveyed separate from the primary residence.
B. Accessory dwelling units —Application for accessory dwelling unit permit.
1. Accessory dwelling units are permitted only in the zones shown on the Citywide
Land Use Matrix at Section 13-30, (and any subsequently created zones or
overlay zones where single-family or multi -family residential units are
permitted), subject to the owner first obtaining a building permit. Any application
for an accessory dwelling unit that meets the unit size standards and
development standards contained in Sections C or D of this section, or is the
type of accessory dwelling unit described in Subsection E of this section, shall
be approved ministerially by the city by applying the standards herein and
without a public hearing.
2. An application for an accessory dwelling unit building permit shall be made by
the owner of the parcel on which the primary unit sits and shall be filed with the
city on a city -approved application form and subject to the established fee set
by city council resolution as it may be amended from time to time..
3. Applications for accessory dwelling units shall conform to the requirements for,
and shall obtain, a building permit consistent with the requirements of Title 5
(Buildings and Structures).
C. Accessory dwelling units —Unit size standards. Except as otherwise provided
in subsection E of this section, below, all accessory dwelling units shall not exceed the
Urgency Ordinance No. 19-19 Page 2 of 12
size standards listed below. No accessory dwelling unit may contain more than two
bedrooms.
1. Attached accessory dwelling units: The maximum floor area of an attached
accessory dwelling unit shall be the higher of:
a. 850 square feet for an accessory dwelling unit with 0-1 bedrooms or
1,000 square feet for an accessory dwelling unit with 2 or more
bedrooms; or
b. If there is an existing primary single family dwelling, 50% of the square
footage of the existing primary single family dwelling;
2. Detached Units. A detached accessory dwelling unit shall not have more
than one thousand two hundred (1,200) square feet of living area.
3. Setback requirements.
a. No setbacks are required for: either (i) those portions of accessory
dwelling units that are created by converting existing living area or existing
accessory structures to new accessory dwelling units or (ii) constructing
new accessory dwelling units in the same location and to the same
dimensions as an existing structure.
b. For all other accessory dwelling units, there must be a minimum of
four feet of setbacks from side and rear lot lines and comply with all
applicable front yard setbacks.
C. The minimum required distance between a detached accessory
dwelling unit and the primary dwelling unit, and all other structures, including
garages, on the property, shall be six feet.
D. Accessory dwelling units —Development standards.
Any permit for an accessory dwelling unit shall be subject to the development standards
listed below.
1. Legal lot/residence. An accessory dwelling unit shall only be allowed on a
lot within the city that contains a legal, single-family or multi -family residence as an
existing or proposed primary unit on a lot.
2. Number of accessory dwelling units per lot.
a. For lots with proposed or existing single-family residences, no more than
one accessory dwelling unit and one junior accessory dwelling unit may be
on the lot.
b. For lots with existing multi -family residential dwellings:
i. No more than twenty-five percent (25%) of the number of the existing
units, but at least one (1) unit, shall be permitted as accessory
dwelling units constructed within the non -livable space (e.g., storage
rooms, boiler rooms, hallways, attics, basements, or garages) of the
existing multifamily dwelling structure provided that applicable
building codes are met; or
Urgency Ordinance No. 19-19 Page 3 of 12
ii. No more than two detached accessory dwelling units, provided that
no such unit shall be more than sixteen (16) feet in height, and each
such unit complies with front yard setbacks, and meets rear -yard and
side yard setbacks of four feet. The maximum square footage of
detached accessory dwelling units on lots with existing multi -family
residential dwellings shall comply with the limits set forth in
subsection C (or E, if applicable) of this section.
3. Building Code Compliance. All new accessory dwelling units must comply
with Title 5 of the Municipal Code ("Buildings and Structures") and any other
applicable provisions of the California Building Standards Code. However, fire
sprinklers shall not be required if they are not required for the primary residence.
4. Utilities.
a. All accessory dwelling units and junior accessory dwelling units must be
connected to public utilities (or their equivalent), including water, electric,
and sewer services.
b. Except as provided in subsection iii below, the City may require the
installation of a new or separate utility connection between the accessory
dwelling unit, junior accessory dwelling unit and the utility. The connection
fee or capacity charge shall be proportionate to the burden of the proposed
accessory dwelling unit based on either its square feet or number of
drainage fixture unit values.
c. No separate connection between the accessory dwelling unit and the utility
shall be required for units created within a single-family dwelling, unless the
accessory dwelling unit is being constructed in connection with a new
single-family dwelling.
5. Parking.
a. The City shall require the owner to provide one parking space unless the
accessory dwelling unit has no bedrooms (e.g., a studio), in which case no
space is required. The required parking space may be provided as:
i. Tandem parking on an existing driveway in a manner that does not
encroach onto a public sidewalk and otherwise complies with city
parking requirements; or
ii. Within a setback area or as tandem parking in locations determined
feasible by the City for such use. Locations will be determined
infeasible based upon specific site or regional topographical or fire
and life safety conditions, or that such parking is not permitted
anywhere else in the City.
b. Notwithstanding the foregoing, no parking space shall be required for an
accessory dwelling unit if:
i. It is located within one-half mile walking distance of public transit;
ii. It is located within an architecturally and historically significant
district;
Urgency Ordinance No. 19-19 Page 4 of 12
iii. It is part of a proposed or existing primary residence or accessory
structure;
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 vehicle located within one block of the
accessory dwelling unit.
c. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit or converted
to an accessory dwelling unit, the off-street parking spaces do not have to
be replaced.
6. Recorded Covenants. Before obtaining a permit for an accessory dwelling
unit, the property owner shall file with the county recorder a declaration or
agreement of restrictions, which has been approved by the city attorney as to its
form and content, describing restrictions that allows for and the continued use of
the accessory dwelling as follows:
a. the accessory dwelling unit shall not be sold separately from the
primary residence;
b. the accessory second unit is restricted to the maximum size allowed
per the development standards set forth in this section;
C. for accessory dwelling units approved on or after January 1, 2025,
the accessory dwelling unit shall be considered legal only as long as either
the primary residence or the accessory dwelling unit is occupied by the
owner of record or state law is amended to prohibit such requirements; and
d. the restrictions shall be binding upon any successor in ownership of
the property, and lack of compliance shall result in legal action against the
property owner for noncompliance with the requirements for an accessory
dwelling unit.
7. Conversion of existing primary unit. An existing primary dwelling may be
converted to an accessory dwelling unit if it complies with all applicable
requirements of this ordinance. If so, a new, larger primary residence may be
constructed.
8. Design requirements for new units. All accessory dwelling units must
comply with the following design requirements:
a. The exterior materials, colors, roof pitch and architecture shall be
similar to and compatible with those of the primary unit.
Urgency Ordinance No. 19-19 Page 5 of 12
b. Accessory dwelling units shall not exceed the height level of the
tallest existing structure on the parcel or as required in the base zoning
district, whichever is less.
C. Lighting shall not spill on to neighboring lots.
9. Accessibility standards. New construction of any ground level accessory
dwelling unit shall be designed and constructed to allow for disability/accessibility
standards. Plans shall demonstrate future entrance capability and actual
construction shall include adequate door and hallway widths, maneuvering space
in kitchens and bathrooms, and structural reinforcements for grab bars.
10. Passageway. No passageway shall be required in conjunction with the
construction of an accessory dwelling unit.
E. Accessory Dwelling Unit and Junior Accessory Dwelling Unit Exceptions.
1. Accessory dwelling units shall be approved for the following types of
accessory dwelling units, regardless of whether the applicant meets the
development standards contained in this Title. In no event may any parcel with a
single-family dwelling have more than one accessory dwelling unit on site or more
than one junior accessory dwelling unit per site. In no event may any parcel with
a multi -family housing unit have more than two detached accessory dwelling units
or any junior accessory dwelling units on site.
a. For Single Family Dwelling lots in residential zones each lot may
have up to one junior accessory dwelling unit that complies with the
requirements of subsection G below. Additionally, each lot may have either:
i. One accessory dwelling unit within an existing or proposed
single-family dwelling. Alternatively, the accessory dwelling unit may
be constructed within existing accessory structure (as that term is
defined in Government Code section 65852.2) and such proposal
may include an expansion of not more than 150 square feet beyond
the physical dimensions of the existing accessory structure to
accommodate ingress and egress. Each accessory dwelling unit
must have exterior access and side and rear setbacks sufficient for
fire safety and comply with all other setback requirements or
ii. One detached, new construction, accessory dwelling unit with
setbacks of at least four feet from side and rear yards and in
compliance with front yard setbacks, no more than eight hundred
(800) square feet floor area, and a height not exceeding sixteen (16)
feet on a lot with an existing or proposed single family dwelling.
b. On a lot with an existing multifamily dwelling within a residential zone:
i. Accessory dwelling units may be constructed in areas that are
not used as livable space within an existing multi -family dwelling
Urgency Ordinance No. 19-19 Page 6 of 12
structure (e.g., storage rooms, boiler rooms, passageways, attics,
basements, or garages), provided the spaces meet state building
standards for dwellings. The number of interior accessory dwelling
units permitted on the lot shall not exceed twenty-five percent (25%)
of the current number of units of the multi -family complex on the lot
and at least one such unit shall be allowed; and
ii. Up to two (2) detached accessory dwelling units may be on a
parcel, provided they are no taller than sixteen (16) feet, and they
have at least four (4) feet of side and rear yard setbacks. Detached
accessory dwelling units approved pursuant to this subsection (b)
shall not exceed eight hundred (800) square feet in floor area.
2. Accessory dwelling units approved under this Subsection E shall not be
rented for a term of less than thirty (30) days.
3. Accessory dwelling units or junior accessory dwelling units approved under
this Subsection E shall not be required to correct legal nonconforming zoning
conditions as a pre -condition to obtaining this authorization.
F. Accessory dwelling units —General plan consistency.
In adopting these standards, the city recognizes that the approval of dwelling units may,
in some instances, result in dwelling densities exceeding the maximum densities
prescribed by the general plan. The city finds that this occurrence is consistent with the
general plan, as allowed under state planning and zoning law applicable to accessory
dwelling units, and that the amendment furthers the goals, objectives, and policies of the
general plan housing element.
G. Junior Accessory Dwelling Units.
1. Purposes: This section provides standards for the establishment of junior
accessory dwelling units. Junior accessory dwelling units will typically be smaller
than an accessory dwelling unit, will be constructed within the walls of an existing
or proposed single family residence and requires owner occupancy in the single
family residence where the unit is located.
2. Size: A junior accessory dwelling unit shall not exceed 500 square feet in
size.
3. Owner Occupancy: The owner of a parcel proposed for a junior accessory
dwelling unit shall occupy as a primary residence either the primary dwelling or the
junior accessory dwelling. Owner -occupancy is not required if the owner is a
governmental agency, land trust, or "housing organization" as that term is defined
in Government Code Section 65589.5(k)(2), as that section may be amended from
time to time.
Urgency Ordinance No. 19-19 Page 7 of 12
4. Sale Prohibited: A junior accessory dwelling unit shall not be sold
independently of the primary dwelling on the parcel.
5. Short term rentals: The junior accessory dwelling unit shall not be rented for
periods of less than 30 days.
6. Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit
shall be entirely within a single-family residence.
7. Kitchen Requirements: The junior accessory dwelling unit shall include an
efficiency kitchen, including a food preparation counter and storage cabinets that
are of reasonable size in relation to the size of the junior accessory dwelling unit.
8. Parking. No additional parking is required beyond that already required for
the primary dwelling.
9. Fire Protection; Utility Service. For the purposes of any fire or life protection
ordinance or regulation or for the purposes of providing service for water, sewer,
or power, a junior accessory dwelling unit shall not be considered a separate or
new unit, unless the junior accessory dwelling unit was constructed in conjunction
with a new single-family dwelling. No separate connection between the junior
accessory dwelling unit and the utility shall be required for units created within a
single-family dwelling, unless the junior accessory dwelling unit is being
constructed in connection with a new single-family dwelling.
10. Deed Restriction. Prior to the issuance of a building permit for a junior
accessory dwelling unit, the owner shall record a deed restriction in a form
approved by the city that includes a prohibition on the sale of the junior accessory
dwelling unit separate from the sale of the single-family residence, requires owner -
occupancy consistent with subsection (3) above, does not permit rentals for
periods 30 days or shorter, and restricts the size and attributes of the junior
dwelling unit to those that conform with this section.
11. Exterior Access. The junior accessory dwelling unit shall have access and
side and rear setbacks sufficient for fire safety.
SECTION 4. Municipal Code: Land Use Matrix. Effective January 1, 2020, Title 13,
Chapter IV, Section 13-30 (Citywide Land Use Matrix), is hereby amended as follows:
Urgency Ordinance No. 19-19 Page 8 of 12
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SECTION 5. Municipal Code Section 13-85 (Parking). Effective January 1, 2020, Title
13, Chapter VI, Section 13-85 (Parking Requirements for Residential Development) of
the Costa Mesa Municipal Code is hereby amended as follows (new text underlined and
removed text is 6tF+kethFeugl4):
(d) Parking for accessory dwelling units and junior accessory dwelling units shall be
provided per the requirements of Section 13-35.. ^^e (1) parking space shall he
provided f9F aR aGGesseFy dwelling unit unless the aGGesseFy dwelling unit has ne
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Urgency Ordinance No. 19-19 Page 9 of 12
SECTION 6. Urgency. Effective January 1, 2020 multiple new housing relating to
accessory dwelling units (ADUs) will become law, including AB 68, AB 881, SIB 13,
AB 587, and AB 670. Subsection (a)(4) of Government Code 65852.2 will state in part,
"if a local agency has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision, that ordinance shall be null and void...." If the City is
unable to enforce its design standards, or otherwise approve ADUs in a manner
consistent with state law effective January 1, 2020, the City could be required to approve
ADUs that are directly inconsistent with the development standards that apply throughout
the City, or could be subject to litigation. The City desires to allow the public to know the
processes that will apply to proposed ADUs effective January 1, 2020, and absent an
urgency ordinance, the ordinance could not be in effect by January 1, 2020. For these
reasons, this ordinance is necessary for the immediate preservation of the public peace,
health and safety.
SECTION 7. Compliance with CEQA. Adoption of this Ordinance is exempt from the
California Environmental Quality Act ("CEQA") under Public Resources Code
section 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines
sections 15282(h) [statutory exemption for second unit ordinances]; 15303 [new
construction or small structures] and 15305 [minor alterations to land]. This ordinance is
also exempt under CEQA Guidelines section 15061, because this ordinance will not have
a significant effect on the environment, because ADUs will largely constitute infill housing
which is exempt from CEQA.
SECTION 8. Inconsistencies. Any provision of this ordinance which is inconsistent with
state law shall be interpreted in a manner to be consistent with state law. Any provision
of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions
of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed
or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 9. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason 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 of the City of Costa Mesa
hereby declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
SECTION 10. Effective Date. Consistent with its authority to adopt an urgency
ordinance pursuant to Government Code 36934 and 36937, this Ordinance shall take
effect immediately.
Urgency Ordinance No. 19-19 Page 10 of 12
SECTION 11. Certification. The Mayor shall sign and 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 12. Transmit Ordinance to HCD. The City Clerk is directed to send a copy
of this ordinance to the Department of Housing and Community Development within 60
days of the adoption of this ordinance.
PASSED AND ADOPTED this 17th day of December, 2019.
ATTEST:
APPROVED A$ TO FORM:
Brenda Green, Cit lerk ber H II Barlow, City Attorney
Urgency Ordinance No. 19-19 Page 11 of 12
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Urgency Ordinance No. 19-19 was duly introduced and
adopted at a regular meeting of the City Council of the City of Costa Mesa held on the
17th day of December, 2019, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GENIS, MANSOOR, MARK, REYNOLDS,
STEPHENS, FOLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 18th day of December, 2019
�&X& aam-'11
Brenda Uen, City Clerk
Urgency Ordinance No. 19-19 Page 12 of 12