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HomeMy WebLinkAbout07 - PH-1 - Reading of Ordinance Repealing Urgency O - 2/2/20211 CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 2, 2021 ITEM NUMBER: PH-1 SUBJECT: GIVE FIRST READING TO AN ORDINANCE REPEALING URGENCY ORDINANCE 19-19 AND APPROVING CODE AMENDMENT CO-2020-04 AMENDING PORTIONS OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS AND TO AUTHORIZE RELATED FEES DATE: JANUARY 26, 2021 FROM: DEVELOPMENT SERVICES DEPARTMENT/ PLANNING DIVISION PRESENTATION BY: JOHNWILLY AGLUPOS, ASSISTANT PLANNER FOR FURTHER INFORMATION CONTACT: JOHNWILLY AGLUPOS (714) 754-5692 johnwilly.aglupos@costamesaca.gov RECOMMENDATION: Introduce for first reading, by title only, Ordinance No. 2021-xx to repeal Urgency Ordinance 19-19, amend Municipal Code, Title 13, Article 2 pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), and authorize related fees by a separate resolution. BACKGROUND An ADU, known as a granny flat, in-law unit, or accessory second unit, is a secondary dwelling unit with a complete independent living facility for one or more people that is established in conjunction with and subordinate to a primary dwelling unit. The City has historically allowed uses similar to ADUs (e.g., granny flats) as permitted uses provided that the unit was occupied by someone who was at least 62 years of age. In addition, accessory structures (e.g., detached bonus rooms) have been allowed either by right or through the approval of a Conditional Use Permit if a full bathroom was included. State Regulations In January 2017, the State established ADU laws to regulate the development of ADUs within single family and multi-family residential zones and to promote housing production. The bills (AB 229 and SB 1069) were intended to reduce barriers to the development of ADUs. The regulations were amended again effective January 2018. 2 In October 2019, the Governor signed multiple new housing laws to further promote the development of ADUs and JADUs in single family, multi-family, and mixed-use zones. The intent was to promote additional housing stock to help address California’s housing needs. Effective January 1, 2020, State law required cities to relax or eliminate many development standards relating to ADUs. For example, cities can no longer establish minimum lot size where an ADU can be constructed, or prohibit ADUs of less than 800 square feet in area. In addition, cities cannot require replacement of parking spaces lost when a garage is converted into an ADU. Because these new laws which became effective on January 1, 2020 could have invalidated any local ordinances that did not comply with the new standards, the City adopted an urgency ordinance in December 2019, modifying the zoning code to be consistent with State law. By adopting the urgency ordinance, the City was able to retain its discretion to regulate ADUs and JADUs, while allowing additional time to prepare a comprehensive update. December 17, 2019 City Council Meeting Staff Report and video: Staff Report: http://ftp.costamesaca.gov/costamesaca/council/agenda/2019/2019-12-17/NB-2.pdf Video: https://costamesa.granicus.com/MediaPlayer.php?view_id=10&clip_id=3486 Since 2017, when the City first adopted an Ordinance specifically addressing ADU’s under new State regulations, there have been approximately 40 ADU applications submitted These projects are in varying stages of plan review and construction; fourteen were completed and the remainder are either in plan review, or under-construction Planning Commission Review The Planning Commission held a public hearing on July 27, 2020 and continued the item, requesting staff to modify the proposed Ordinance to be more streamlined and include more standardized development standards. The Planning Commission expressed interest in ensuring that the Code Amendment addressed several concepts listed below. For a more detailed explanation of Planning Commission’s request items, please refer to Table 4 of the July 27, 2020 Staff Report which summarizes the major comments and the corresponding staff response.  Define the intent and purpose of the Ordinance in the recital  Simplify the structure of the Ordinance  Reduce differing minimum size standards for ADU types  Add flexibility for utility connection requirements  Include standards to ensure neighborhood preservation, particularly for second floor and two-story ADU’s  Clarify implications of ADUs on renter versus ownership housing  Potential incentives for the creation of ADUs 3 July 27, 2020 Planning Commission Meeting: Staff Report: http://ftp.costamesaca.gov/costamesaca/planningcommission/agenda/2020/2020-07 27/PH-2.pdf Video: https://costamesa.granicus.com/MediaPlayer.php?view_id=10&clip_id=3581 At its September 14, 2020 meeting, the Planning Commission considered the revised Ordinance and took public comments. The Commission voted to recommend approval of the Code Amendment to the City Council by a 6-0 vote (one absent). The motion included the following general recommendations to City Council:  Consider eliminating parking requirements for ADUs since more than 90 percent of the City is within ½ mile radius of a bus stop and are already exempt under State law  Consider applying affordability standards to ADUs to address the affordable housing shortage  Encourage policies or incentives for ADU development to address multi-generational needs and optional income for homeowners  Consider a waiver of park impact fees related to JADUs in correlation to the owner occupancy requirement September 14, 2020 Planning Commission Meeting Staff Report: http://ftp.costamesaca.gov/costamesaca/planningcommission/agenda/2020/2020-09- 14/PH-2.pdf Video: https://costamesa.granicus.com/MediaPlayer.php?view_id=10&clip_id=3590 ANALYSIS: The proposed Ordinance has been structured into four components: Intent, ADU Standards, JADU Standards, and state compliant and general Development Standards. The ADU and JADU Standards sections contain requirements pertaining to zoning, structure types, unit count, size, and conversions. The Development Standards section applies to both ADUs and JADUs and contains requirements such as utility connections, setbacks, height, architectural standards, garage conversions and parking (See Attachment 4). Design and Development Types State law identifies two ADU types, an ADU and a Junior ADU (JADU), which can take three general forms—attached, detached, and conversion. An attached ADU is a unit attached to 4 the primary residential structure. A detached ADU is a unit physically separated from a residential structure. A converted ADU is a space within the primary residence or an accessory structure that is converted into an independent living unit. Depending on the type of ADU, the impacts could vary and certain requirements such as the size, location, setback, and parking need to be customized. Attached Detached Conversion Number of ADUs Consistent with the State’s requirements, the type of dwelling on the property determines the number of allowable ADUs. Under the proposed Ordinance, a lot with a single-family residential dwelling may have one ADU and one JADU. A lot with a multi-family residential dwelling may have two detached ADUs and no JADUs. However, multi-family residential structures may potentially have more than two ADU units (not more than 25% of the total number of existing units), if the ADUs are located within non-livable spaces of onsite dwelling units (e.g., storage rooms, basements, garages, and the like). For example, a lot with 16 multi-family dwelling structures may have two detached ADUs or up to four ADU conversions within existing non-livable spaces. (See Table 1.) ADU Size State law mandates differing maximum ADU sizes based on the number of bedrooms and requires that local agencies allow for at least an 800-square-foot ADU. The Planning Commission expressed a desire for more unified size requirements as a means of simplifying the Ordinance. The proposed Ordinance includes two size options: a maximum size of 1,000 square feet (or 50% of the existing dwelling size, whichever is greater) for attached ADUs and 1,200 square feet for detached ADUs on a lot with a single-family dwelling. For lots containing multi-family dwellings, the maximum ADU size is proposed to be 800 square feet. Table 1 - Proposed ADU Requirements Number Size Requirement SFD 1 ADU  Attached – 1,000 SF  New structures, additions, and conversions within a single-family dwelling or accessory structure 5 o (or 50% of existing dwelling whichever is greater)  Detached – 1,200 SF  Conversions – Within confines of the existing building 1 JADU  Interior– 500 SF  Within confines of the existing building MFD 2 ADU1  Detached - 800 SF  Conversions – Within confines of the existing building  New detached structures and conversion within non-livable spaces  Within confines of the existing building Setbacks State regulations generally require local agencies to allow ADUs that are at least 800 square feet in size, which do not exceed 16 feet in height, and which comply with side and rear setbacks of 4 feet for ADUs on properties with single-family dwellings. However, State law is silent on street-facing side setbacks and setbacks for second floor and two- story ADUs. To reduce visual impacts to the existing streetscape, promote neighborhood compatibility, and reduce potential privacy impacts, setbacks for ADUs located on a corner lot and second floor or two-story ADUs are subject to setback requirements consistent with the primary residential structures except for the front setback for a new second floor or two-story ADU (see Table 2). Table 2 - Proposed Setback Requirements Minimum Setback Requirement Conversions Setback of the existing structure  Conversion of any portion of the existing structure  ADU construction in the same location and to the same dimensions as an existing structure Single-story ADUs Front – 20 feet Side (interior) – 4 feet Side (exterior) – 10 feet Rear – 4 feet  ADUs on a corner lot may retain the setback of the existing home (e.g., legal non-conforming side setback) or 10 feet, whichever is less Second-floor or two-story ADUs Front – 40 feet* Side (interior) – 5 feet Side (exterior) – 10 feet Rear – 20 feet Rear (abutting a publicly dedicated  Setbacks are the same as the underlying zone (except the front setback) to preserve existing neighborhood fabric and compatibility 1 Potentially more than 2 ADUs may be allowed, because state law allows ADUs up to 25% of the number of existing multifamily dwelling units under certain standards. See Gov’t Code § 65852.2(e)(1)(C)((ii). 6 alley, street, or park) – 5 feet Distance between structures 6 feet  Distance from ADU to primary dwelling unit or any accessory structures (e.g., detached garage) *applies to new second floor additions. If a second floor ADU is within a structure, the minimum front setback of 20 feet is applied (see height discussion below). Height The proposed Ordinance reflects the mandated State standards for height applicable to single-story ADUs (16 feet maximum height); however, it includes specific standards to allow second floor or two-story ADUs, which are not addressed by State law. A combination of setback, height, and privacy standards for second floor or two-story ADUs will preserve the character and scale of Costa Mesa’s established residential neighborhoods and keep consistent with existing two-story structures which are permitted by right in all single-family neighborhoods as shown in Tables 2, 3 and 4. For example, a stairwell to the second floor entry for an ADU must be designed to be screened from view from public rights-of-way and any windows on the second floor must be 25 feet from a neighboring dwelling in order to minimize privacy concerns. Table 3 - Proposed General Height Maximum Height Requirement Single-story ADU 16 feet  Not to exceed the height of any other dwelling that will be on the property Second floor / two-story ADU Pitched roof - 27 feet Flat roof – 22 feet  Second floor or two-story ADUs are permissible provided that the ADU is at least 40 feet from the front property line; a conversion within a two-story dwelling structure may be 20 feet from the front property line.  Two story structures shall not exceed 27 feet consistent with the height requirements of the underlying zone Open Space State law preempts a City from establishing limits on lot coverage that would hinder the creation of an ADU of at least 800 square feet in area. As such, the Ordinance includes an open space standard of 40 percent, which is only applicable to any ADU that exceeds 800 square feet in size consistent with requirement of CMMC Section 13-32 to ensure adequate open space is provided when larger ADUs are proposed. Objective Design Standards 7 In keeping with the intent of the Residential Design Guidelines and to preserve architectural consistency with the existing residential unit on the lot, an ADU is required to have compatible design, materials, finishes and colors as the main residential unit. In addition, the Ordinance includes a provision requiring the entrance of the ADU or JADU to be located in a manner subordinate to the main entrance of the primary residence (e.g., along the side of the house or within the interior of the property) to reduce the prominence of the accessory second unit and to preserve the character of the residential neighborhood. Zoning (Land Use Matrix) Prior to the State regulating ADUs, granny flats were only permitted within a single-family residential zone. State law expanded the requirement mandating that ADUs be allowed in any zone that allows residential uses including multi-family and mixed-use zones. There are five overlays in the City that allow mixed-use as an alternative land use option. Under State guidelines, ADUs are allowed in mixed-use developments provided that there is a single-family and/or multi-family dwelling on the property. For properties that are legal non-conforming in terms of zone (e.g., a single-family residential unit in a commercial zone), the creation or conversion of an ADU would be prohibited. Therefore, the Land- Use Matrix is amended to permit the construction of an ADU in any zone that allows for a residential use on a lot that contains a single-family and/or multi-family dwelling unit. On the other hand, State law requires JADUs to be permitted only in zones that allow for a residential use on a lot that only contains a single-family dwelling. Therefore, the land use matrix has been modified to reflect that mandate. Table 4 – Proposed Revisions to the Land Use Matrix ZONES LAND USES4 R 1 R 2 M D R 2 H D R 3 A P C L C 1 C 2 C 1 S 1 T C 1 M G M P P D R L D 1 P D R M D 1 P D R H D 1 P D R N C M 1 P D C 1 P D I 1 I & R 1 I & R S 1 I & R M L T 1 P 22.2 Accessory dwelling unit (subject to the requirements of chapter V, section 13- 35, accessory dwelling units) P2 P2 P2 P2 • • • • • P2 P2 P2 P2 P2 P2 P2 • • P2 • 22.3 Junior Accessory Dwelling Unit (subject to the requirements of chapter V, section 13- P2 P2 P2 P2 • • • • • • • • P2 P2 P2 P2 P2 P2 • • P2 • 8 ZONES LAND USES4 R 1 R 2 M D R 2 H D R 3 A P C L C 1 C 2 C 1 S 1 T C 1 M G M P P D R L D 1 P D R M D 1 P D R H D 1 P D R N C M 1 P D C 1 P D I 1 I & R 1 I & R S 1 I & R M L T 1 P 35, accessory dwelling units) In addition, to streamline existing review processes, the Conditional Use Permit (Planning Commission approval) requirement for an accessory structure proposing a full bathroom is removed. This entitlement process was largely applied as a means of ensuring accessory structures were not converted to additional dwelling units; this process is no longer needed, since the State law allows ADUs by right. The proposed Ordinance allows accessory structures with a full bathroom, subject to recordation of a Land Use Restriction distinguishing the structure as an accessory use and not a primary or accessory dwelling unit. ZONES LAND USES4 R 1 R 2 M D R 2 H D R 3 A P C L C 1 C 2 C 1 S1 T C1 M G M P P D R- L D1 P D R- M D1 P D R- H D1 P D R- N C M1 P D- C1 P D- I1 I & R 1 I & R S1 I & R M L T1 P 15.1 Incidental residential use that includes a toilet in combination with a bathtub or shower. This applies to an accessory use contained in a detached structure, or contained within the main structure with no interior connection between the main and incidental use. Land Use Restriction required C P M C P M C P M C P • • • • • • • • C P M C P MC P MC P M C3 P M C3 P • • • • Parking Requirements Under State law effective January 1, 2020, the City cannot require parking for an ADU located within one-half mile walking distance of a transit stop, located within a historic 9 district, ADUs within a primary residence, ADUs located along a street with on-street parking permits where the City does not issue permits to the ADU occupant, and where there is a car share vehicle within one block of the ADU. In addition, the City cannot require the replacement of parking for conversion of an existing garage, carport conversion, or if a covered parking structure is demolished to be replaced with an ADU or is converted to an ADU. In 2020, the State further defined a transit stop as including bus stops, which provides a parking exemption to the majority of residentially-zoned properties in Costa Mesa (see Attachment 2). The proposed Ordinance reflects these mandates, but continues to require parking for ADUs in areas of the City that are not exempt. Planning Commission Recommendations Exemption of Parking Standards Planning Commission and members of the public expressed concerns regarding applying parking standards to the small percentage of properties that are not exempt from parking by the ½ mile radius requirement. The City Council may elect to revise the Ordinance to exempt all properties from parking requirements to evenly allow property owners to take advantage of the ADU parking exemption, or keep the Ordinance as drafted to require one parking space for a new ADU that has one or more bedrooms if the ADU is not within a ½ mile radius of a bus stop. Affordability and Housing Needs The State intends ADUs to provide additional rental housing stock as a means to help address California’s housing needs. ADUs can support multigenerational households, provide independent living for family members, and provide supplemental income for residential property owners who will rent their ADUs. The Planning Commission noted a desire for City Council to consider including an affordability requirement in the Ordinance. For example, the City of Pasadena incentivizes homeowners to provide covenanted affordable ADU rentals for up to 7 years in exchange for reducing residential development impact fees for ADUs above 750 square feet in size and the City of Del Mar allows property owners that agree to provide affordable ADU rentals for 30 years to obtain a floor area bonus of 500 square feet. The City does not currently have an inclusionary housing policy or other requirement for affordable housing, either for residential development in general or specifically for ADUs. If the City Council would like to consider such an ADU affordability/incentives program, staff recommends that the City Council consider including such a policy in the City’s forthcoming Housing Element Update and in a broader City-wide inclusionary housing ordinance. Staff do not recommend applying an affordability requirement or incentive for only ADUs ahead of a broader conversation regarding affordable housing policy in the City. 10 Park Impact Fees The Planning Commission noted a desire for City Council to consider exempting JADUs from park impact fees that are currently applied to rental apartment units. A full discussion on this issue is included below. Small Lot Subdivisions In its discussions, the Planning Commission raised a question regarding how the ADU Ordinance might interact with small lot developments. In 2014, the Small Lot Ordinance (SLO) was adopted which allows the subdivision into 15 or less fee simple lots for properties with multi-family zoning designations. This type of development is intended to provide for single-family dwellings on smaller lots with less restrictive development standards as a means of promoting homeownership (as opposed to traditional attached and detached condominium development). A SLO development is configured as detached single-family dwelling units on individual lots and therefore considered a single family under State standards. As such, State law provides each small lot the opportunity to be allowed an ADU and a JADU. This is an unintended consequence from a density standpoint. However, given the typical lot size and structure size of SLO units, which are compact with limited open space, it is highly unlikely that detached ADUs would meet development standards on such lots. Therefore, it is unlikely the City will experience a substantial increase in the development of ADUs in this subdivision type. By comparison, a typical multi-family development (e.g. condos, apartments, etc.) development would be subject to the multi- family ADU requirement since there are multiple residences on a single lot. Refer to Table 5. Table 5 – ADU’s by Dwelling Type Architecture Type Lot Type Zone ADU Requirement Small Lot Ordinance Detached Fee Simple Lots Multi-Family Single-Family Typical Multi-family Development Detached and Attached One Lot Multi-Family Multi-Family Fees Summary ADUs are subject to City building permit/plan review and development impact fees, similar to other new development in the City. Permit fees are intended to recover some of the City’s cost to review, approve, and inspect a project by planning, building, public services, and fire professionals. Building fees vary depending on the valuation and size of a project. Development Impact Fees are fees collected to offset the impact of a development to community infrastructure. Park impact fees and school fees are examples of development impact fees that apply to all new residential units including ADUs. Building permit fees are dependent on the valuation of the ADU. Park impact fees are dependent on the proportional size of the ADU as compared to the main residence (per State law) with the existing park fee for a single family residence as the baseline. Although fees are project specific, below is an example of applicable fees for two typical ADU types. Fee summary information will be included the City’s online FAQ to assist customers in planning for their ADU projects. 11 Table 6 – Typical Fees Type Garage / Interior Conversions New 1,200 SF ADU Fee Calculation Building (Plan Check, Permit, MEP) $1,366 a $3,530 a Based on project valuation provided by the applicant Construction Access Permit $230 $230 Flat fee Park Impact Fees Exempt b $6,600 c Based on the proportional area of ADU to main residence multiplied by existing park impact fee (SFD fee is $13,572 for new units) Land Use Restriction $500 $500 Flat fee School Impact Fees $0 d $2,208 e $1.84 per square-foot of ADU; projects under 500 SF may be exempt a Based on average valuation of submitted ADU garage conversions (approximately 360 SF) and new construction ADU’s (approximately 1,200 SF) b Any proposed ADU below 750 SF is exempt from Park Fees per State law; an average two-car garage in the City is 400 SF c Average of a proposed 1,200 SF ADU per the proposed ordinance; existing urgency ordinance maximum park fee not to exceed $5,000 d Projects under 500 SF may be exempt; an average two-car garage in the City is 400 SF e Based on a 1,200 SF ADU Park Impact Fees for ADU’s and JADU’s In May of 2005, the City Council adopted park fees for new residential subdivisions. In 2015, the Council updated its parkland impact fees (Resolution 15-27) and instituted new park fees for rental development projects or apartments (Ordinance 15-09). Residential park impact fees are $13,572 for a single family residential subdivision (ownership units), $13,829 for a multi-family residential subdivision (ownership unit) and $5,000 per unit for a rental unit. The park impact fee for ADUs is assessed proportionally (per State law) in relation to the square footage of the primary dwelling unit multiplied by the residential park impact fee for the primary structure not to exceed $5,000. Staff proposes to collect ADU impact fees strictly on a proportional-basis as discussed below. Proposed ADU Park Impact Fees Because the updated Ordinance allows for the creation of new ADU units that may be as large as 1,200 square feet, it is appropriate to establish fees that would provide park and recreational facilities to serve the future residents of those units, similar to other residential units in the City. Therefore, the creation of an ADU would be subject to the City’s existing Park and Recreation Impact Fees, which are applicable to new multi-family residential 12 developments. However, per State Law Section 65852.2, the City cannot impose any impact fee on an ADU of less than 750 square feet. Any impact fees charged for an ADU of 750 square feet or more are charged proportionally in relation to the square footage of the primary dwelling unit. For example, a proposed 1,000-square-foot ADU on a lot with an existing 2,000-square-foot residence would pay 50 percent of the park fees applicable to the single family home, or $6,786 as shown in Table 7 below. Proposed JADU Park Impact Fees State law is silent on impact fees for JADUs. The Planning Commission expressed interest in possibly reducing or eliminating park impact fees for JADUs. Since JADUs must be constructed within an existing single-family dwelling and would be subject to an owner occupancy covenant (applied through a Land Use Restriction), these units may be used more for extended family members or caregivers. In addition, given the maximum allowable size of JADUs (500 square feet), the increase in the number of people per household may be minimal. City Council may choose to reduce or eliminate park impact fees for JADUs, or waive this fee as an incentive for covenanted affordability as part of a larger affordable housing policy. The City Council may also choose to keep park fees as drafted which requires a $5,000 park fee consistent with park fees for apartment units. Table 7: Sample Park Impact Fee Calculation 1,000 SF ADU / 2,000 SF Residence multiplied by the $13,572 park fee for a single family dwelling unit* = $6,786 *Fee as adopted per Resolution 15-27 The proposed adjustment to the Zoning Code necessary to reflect the adjusted park impact fee requirements is included in the proposed Ordinance (Attachment 1). The adjusted park impact fees are also reflected in the City’s proposed fee schedule as authorized by Resolution (Attachment 2). It should be noted that other typical development-oriented fees will apply to ADUs and JADUs, the same as any other development. For example, typical fees include building permit fees (such as: plan check and permit fees) and public services fees (such as: construction access fees), as well as school, water and sewer impact fees which are non- City fees and could not be waived. Minor Revisions after Planning Commission Review Staff made two minor revisions to the Ordinance that was recommended for approval by the Planning Commission at the September 14, 2020 meeting that are technical in nature and for clarification purposes only (see Attachment 3). Multi-Family Classification A clarification was made pertaining to when a development proposal is reviewed under the ADU provisions for lots containing multi-family dwellings. Under Section B(4) of the 13 proposed Ordinance, the type of dwelling on a lot determines the number of ADUs or JADUs allowed. In this case, a lot with at least two residences is considered multi-family whether the units are detached or attached which is consistent with CMMC definition of a multi-family dwelling. Staff in turn revised Section A(3)(e) of the ADU Ordinance to create a cohesive definition. Parking Within the City, the standard development pattern on a single-family lot is to have a driveway that leads to a garage, carport or covered parking. Per State law, an existing garage, carport, or covered parking structure can now be converted or demolished in conjunction with the construction of an ADU or converted ADU without replacing the off-street parking spaces. Two clarifications were added to Section D.14 relating driveway replacement and the term “in conjunction with” as described below. Under the proposed ADU Ordinance, a garage conversion into an ADU is permissible provided that the façade has architectural articulation with the option to remove the driveway (Section D(12) – Garage Conversions). When an applicant opts to not remove the driveway in order to have outdoor parking, it creates a discrepancy in the City’s code. Existing City code prohibits a driveway or parking on a driveway not leading to a garage, carport or covered parking structure. Therefore, an exception provision for ADUs was added in Section D(14)(c) to allow the driveways to remain, consistent with State law. Secondly, State law allows the demolition of a garage “in conjunction with” ADU construction. Staff added and clarified a provision that allows the demolition of a garage to be considered "in conjunction with" the construction of an ADU if the ADU is constructed within any portion of the footprint of the demolished garage. Next Steps If the City Council gives first reading to the proposed ordinance, the Code Amendment would be scheduled for a “second reading” at the next available City Council meeting. If approved, the Code Amendment would become effective 30 days after adoption. Related to this Ordinance, staff recommends the City Council adopt a Resolution to amend the City’s fee schedule to include Park and Recreation Impact Fees for ADUs and/or JADUs. These fees would become effective 60 days after the approval of the Resolution or concurrently with the effective date of the Ordinance whichever is later. Following approval, City staff would focus its efforts on updating its application materials and other informational handouts and developing the City’s Accessory Dwelling Unit webpage and FAQ for easy community access to City materials. A draft of the ADU handout is provided as Attachment 4 for reference. 14 ENVIRONMENTAL DETERMINATION: 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. ALTERNATIVES CONSIDERED: The City Council may approve the Ordinance as proposed, modify the Ordinance, or not adopt the Ordinance. FISCAL REVIEW: Fiscal impact is unknown at this time. LEGAL REVIEW: The subject Code Amendment and Fee Resolution have been prepared by the City Attorney’s Office and the staff report has been reviewed and approved as to form. PUBLIC NOTICE: Pursuant to Title 13, Section 13-29(d), of the Costa Mesa Municipal Code, public notice was published once in the Daily Pilot newspaper 10 days prior and mailed 14 days prior to the date of the public hearing to interested parties who filed a written request with the City Clerk pertaining to fees. As of the date of this report, no public comment has been received. Any additional written comments received will be forwarded under separate cover. CITY COUNCIL GOALS & PRIORITIES: City Council Goal No. 2 (Improve our Neighborhoods and Quality of Life) and No. 4 (Address Housing Shortages and Homelessness). 15 CONCLUSION: The adoption of the proposed ADU Ordinance would allow for construction and conversion of new ADUs and JADUs by right in a cohesive and integrated manner, while meeting the intent and requirements of State law. Attachments: 1. Draft Ordinance 2. Fee Resolution 3. Ordinance in underline strikethrough format comparing Planning Commission recommendation to the proposed Ordinance 4. Draft Public Handout 5. Transit Stop Map JOHNWILLY AGLUPOS MINOO ASHABI Assistant Planner Principal Planner JENNIFER LE Director of Economic and Development Services CAROL MOLINA KIMBERLY HALL BARLOW Finance Director City Attorney ORDINANCE NO. 2021-XX AN ORDINANCE OF THE COSTA MESA CITY COUNCIL REPEALING URGENCY ORDINANCE 19-19 AND APPROVING CODE AMENDMENT CO-2020-04 AMENDING PORTIONS OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS AND TO AUTHORIZE RELATED FEES 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) and junior accessory dwelling units (Junior ADUs) became law, including AB 68, AB 881, SB 13, AB 587, and AB 670; and WHEREAS, Government Code section 65852.2(a)(4) provides 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”; and WHEREAS, the City adopted urgency ordinance 19-19 on December 17, 2019 to cause the city’s ADU and Junior ADU laws to be revised effective January 1, 2020; WHEREAS, by adopting its own ADU and Junior ADU laws, the city is able to retain at least some authority to regulate ADUs and Junior ADUs that it might not otherwise have; WHEREAS, the City Council intends to apply the state standards at local level with the goal of allowing more housing production for all income levels within standards that will result in construction and conversion of new ADUs in a more cohesive and integrated manner. SECTION 2: Code Amendment. Section 13-6 (Definitions). The definition of “Accessory Dwelling Unit (ADU)” within Title 13, Chapter I, Article 2, Section 13-6 (Definitions) is hereby amended as follows (new text underlined and removed text is strikethrough): Accessory Dwelling Unit (ADU). A second dwelling unit established in conjunction with and subordinate to the single-family dwelling unit existing on the property. The accessory dwelling unit may be as studio with no bedroom or contain a maximum of two (2) bedrooms and be attached to the single-family dwelling unit or located in a detached accessory building on the same lot. It may also be referred to as an Attachment 1 accessory apartment, granny unit, granny flat, or in-law apartment. See Section 13-35. SECTION 3. Municipal Code Section 13-35. Title 13, Chapter V, Article 1, Section 13- 35 is revised to provide: Section 13-35. Accessory Dwelling Units A. Purpose, general plan consistency, definitions. 1. Purpose and Interpretation. The intent of this section is to ensure that accessory dwelling units (ADUs) and Junior ADUs remain as an accessory use to a single- family residence, that the structures on parcels are organized to accommodate an ADU and/or Junior ADU, and that such dwelling units do not adversely impact surrounding residents or the community. This Section 13-35 is intended to retain the ability of the city to regulate ADUs in terms of design, aesthetics, massing and integration with existing structures and to comply with the requirements of state law. 2. 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 ADUs, and that the amendment furthers the goals, objectives, and policies of the general plan housing element. 3. Definitions. For purpose of this section 13-35 only: a. The terms “accessory dwelling unit” (ADU), “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 ADU” shall have the same meaning as that stated in Government Code section 65852.22(h)(1) as that section may be amended from time to time. c. A structure is considered “existing” if a building permit was issued and finaled at least two years before an application is submitted under this section. d. The terms “single family dwelling” and “multifamily dwelling” exclude all garages, carports, and similar structures, regardless of whether such structures are attached or detached from the dwelling. e. A “multifamily dwelling” is a dwelling (excluding any ADU or Junior ADU) within a multifamily dwelling structure, including detached single-family homes where there is more than one (1) primary dwelling unit on a lot. f. A “multifamily dwelling structure” is a structure which contains at least two lawful dwellings within the structure, excluding ADUs and Junior ADUs. Storage rooms, boiler rooms, passageways, attics, basements, garages and other non-habitable spaces are considered within a “multifamily dwelling structure” if such non-habitable spaces are within the same structure as at least two other multifamily dwellings. B. Accessory Dwelling Units 1. Residential and Mixed Use Zones Only. ADUs are permitted in single-family, multi-family zones, and mixed use zones (i.e., zones where single family and/or multifamily dwellings are allowed), and only on a legal lot with proposed or existing residential dwelling(s) which will remain on site. By way of illustration only, the zones where accessory dwellings are allowed are shown on the Citywide Land Use Matrix at Section 13-30. If there is any conflict between the requirement that ADUs be approved in (and only in) zones where single family and multifamily dwellings are allowed and the Land Use Matrix, the former shall control. 2. Underlying zone. Except as otherwise provided in this section, ADUs shall conform to the development standards of the underlying zone. 3. Ministerial. Any application for an ADU that meets the requirements of this section shall be approved ministerially by the city by applying the standards herein and without a public hearing. 4. Maximum Number of Dwelling Units. The following is the maximum number of ADUs and or Junior ADUs allowed on any lot. Only one category may be used per lot. a. Single-Family. Only one ADU and only one Junior ADU may be permitted on a lot with a proposed or existing single family dwelling subject to the following: i. Conversion within a single family dwelling. 1. An ADU or Junior ADU may be within the existing footprint of a lawful single family dwelling. Alternatively, an ADU may be within a lawful existing accessory structure; in this case up to 150 square feet may be added beyond the physical dimensions of the existing accessory structure solely to accommodate ingress and egress to the ADU; and 2. Each such ADU and Junior ADU must have independent exterior access from the single family dwelling, and have side and rear setbacks sufficient for fire safety; or ii. New Construction. One new construction ADU may be permitted on a lot with proposed or existing single family dwelling. One new construction Junior ADU may be allowed on the lot if the Junior ADU is to be in a single family dwelling that meets all applicable legal standards. b. Multi-Family. Junior ADUs are not allowed on a lot with more than one residence. ADUs are not allowed within new construction residences where, after construction, there will be at least two residence on the lot (e.g. detached residential structures, duplexes, apartments); up to two ADUs are allowed with such structures pursuant to subsection ii, below. For lots with an existing legal multifamily dwelling (e.g., a legal non-conforming multifamily dwelling), the applicant may have ADU(s) pursuant to one of the following: i. Maximum ADUs within Existing Multifamily Dwelling Structure. No more than twenty-five percent (25%, with any partial unit rounded down) of the number of existing multifamily dwelling units on the lot, but at least one (1) unit, shall be permitted as ADU(s) constructed within the non-livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structures; or ii. Maximum Detached External ADUs. No more than two detached ADUs are permitted. Both units shall be detached from every residence on site (but need not be detached from each other). Such ADUs shall not exceed 800 square feet of gross floor area, shall be no taller than sixteen (16) feet in height, and shall have at least four (4) feet of side and rear yard setbacks; or iii. Maximum Mixed (Detached / Within) ADUs. No more than one ADU is permitted within the existing and enclosed non-livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structure; and no more than one ADU that is detached from each multifamily dwelling structure on site, provided that such ADU does not exceed 800 square feet of gross floor area, is no taller than sixteen (16) feet in height, and has at least four (4) feet of side and rear yard setbacks. 5. Maximum Size. a. Single Family i. Detached. For lots with a proposed or existing single-family dwelling, a detached ADU shall not have more than 1,200 square feet. ii. Attached. An ADU attached to a single family dwelling shall be no more than the greater of 50% of the square footage of the existing single family dwelling or 1,000 square feet. b. Multifamily, Exterior Construction. For lots with an existing legal multifamily dwelling structure, an ADU shall not exceed 800 square feet. c. Interior Conversions. Notwithstanding subsections a and b immediately above, ADUs which are converted from space entirely within lawful existing structures, and ADUs entirely within proposed lawful single family dwellings, are not subject to a limit on maximum square footage. 6. Conversions of dwelling units. a. Total Conversion of Single Family Unit. An entire existing single family or multifamily dwelling may be converted to an ADU if the ADU complies with all applicable requirements of this ordinance and a new single-family residence with a total gross floor area exceeding that of the ADU is constructed in full compliance with code requirements. b. Partial Conversion/Addition. A portion of the existing single family or multifamily dwelling may be converted to an ADU with new additional square footage, which additional square footage shall comply with all standards applicable to attached ADUs, and all converted square footage shall comply with standards applicable to conversions. The maximum square footage of the attached ADU shall be based upon the size of the existing primary dwelling before construction of the ADU addition. C. Junior ADUs. 1. Rule. Junior ADUs shall comply with the requirements of this subsection C, in addition to the requirements of subsection D of this section 13-35. 2. Maximum Size. A Junior ADU shall not exceed 500 square feet in gross floor area. 3. Owner Occupancy Requirement. The owner of a parcel proposed for a Junior ADU shall occupy as a primary residence either the primary dwelling unit or the Junior ADU. 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. 4. Short-Term Rentals Prohibited. A Junior ADU shall not be rented for periods of less than 31 days. 5. Location of Junior ADU. A Junior ADU shall be entirely within a single-family residence. 6. Kitchen Requirements. A Junior ADU shall include an efficiency kitchen, including a sink, a single or multiple cooktop, outlet for a small refrigerator, food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior ADU. 7. Parking. No additional parking is required beyond that already required for the primary dwelling. 8. 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 ADU shall not be considered a separate or new unit, unless the Junior ADU was constructed in conjunction with a new single-family dwelling. No separate connection between the Junior ADU and the utility shall be required for units created within a single-family dwelling, unless the Junior ADU is being constructed in connection with a new single-family dwelling. 9. Exterior and Interior Access. The Junior ADU shall include an exterior entrance separate from the main entrance to the single-family dwelling. D. Development Standards. All ADUs and Junior ADUs must comply with the following requirements: 1. Ministerial Project. Any application for an ADU or Junior ADU that meets the requirements of this section shall be approved without a public hearing. 2. Application by Owner. An application for a building permit for an ADU or Junior ADU 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. Separate Sale Prohibited. Except as otherwise provided by law (e.g., Government Code section 65852.26), ADUs and Junior ADUs may not be sold or otherwise conveyed separate from the primary residence. 4. Utilities. a. All ADUs and Junior ADUs must be connected to public utilities (or their equivalent), including water, electric, and sewer services. b. Except as provided in subsection c immediately below, the City may require the installation of a new or separate utility connection between the ADU and the utility. For Junior ADUs, see subsection D.8, above. c. No separate connection between the ADU and the utility shall be required for units created within a single-family dwelling, unless the ADU is being constructed in connection with a new single-family dwelling. d. Each ADU and Junior ADU shall have a separate mailing address. 5. Recorded Covenants. Before obtaining a building permit, the owner shall file with the county recorder, in a form approved by the city attorney, a covenant which does all of the following: a. prohibit the sale of the ADU and Junior ADU separate from the single-family residence; and, b. unless subsequently prohibited by an amendment to state law, for ADUs approved on or after January 1, 2025, the ADU shall be considered legal only as long as either the primary residence or the ADU is occupied by the owner of record or state law is amended to prohibit such requirements. Junior ADUs require owner occupancy of either the single family dwelling or the Junior ADU; and, c. restrict the accessory second unit to the maximum size allowed by Municipal Code section 13-35, as it may be amended from time to time; and, d. prohibit renting the ADU for periods less than 31 days; and, e. confirm that 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. 6. Passageway. No passageway shall be required in conjunction with the construction of an ADU. 7. Building Permits Required. Applications for ADUs and Junior ADUs shall conform to the requirements for, and shall obtain, a building permit consistent with the requirements of Title 5 (Buildings and Structures). By way of reference only, current requirements generally require all dwellings to have no less than 220 square feet. Fire sprinklers shall not be required if they are not required for the primary residence; if, however, the ADU is attached to the primary dwelling, and if an addition to the house would require sprinklers for an addition to the primary dwelling in the same location, then sprinklers shall be required. 8. Setbacks. a. None. No setbacks are required for: either (i) those portions of ADUs that are created by converting existing living area or existing accessory structures to a new ADU; or (ii) constructing new ADUs in the same location and to the same dimensions as an existing structure. Notwithstanding the foregoing, ADUs and Junior ADUs shall, at minimum, comply with setbacks that are sufficient for fire and life safety. b. Other Setbacks. For all other ADUs, there shall be a minimum of setbacks of four feet from side and rear property lines and full compliance with all applicable front yard setbacks. An ADU on a corner lot shall maintain a minimum setback of ten feet from the public right-of-way on the street side or be consistent with the existing setback distance of the main residential structure, whichever is less. c. Distance Between Structures. The minimum required distance between a detached ADU and the primary dwelling unit, and all other structures on the property, including garages, shall be six feet. 9. Height. Except as authorized in subsection b, below, in no event may any portion of a new construction ADU exceed two stories or exceed the height of any other dwelling that will be on the property. Furthermore, except as authorized in subsection a and b, below, an ADU shall be entirely only on the first floor. a. Second Floor or Two-Stories. An ADU on a lot which has an existing lawfully constructed single family dwelling or will have a new single family dwelling, may be in whole or in part on a second floor, or be a two-story ADU, if all five of the following occur: i. all portions of the ADU are at least 40 feet from the front property line; ii. Each stairwell for the ADU is interior or complies with subsection 10, below; and iii. the second floor of any portion of the ADU, if built above a detached garage, does not exceed the footprint of the garage; and iv. no windows are installed on the second floor on side elevations if such windows are within 25 feet of a neighboring dwelling and face the neighboring property unless such windows have a minimum sill height of at least five feet; and v. the second floor (or the entire two-story ADU as applicable) meets the setbacks applicable to additions and accessory structures for the underlying zone. b. Within Structure. The ADU is built entirely within either: i. a proposed or existing lawfully constructed single-family dwelling, except that an external stairwell to the ADU which meets all requirements of this code, including the requirements of subsection 10, below, may be constructed to allow access to the ADU; or ii. the non-habitable space of an existing multifamily structure. 10. Exterior Stairways and Balconies. An exterior stairway to a second-floor ADU shall be facing the interior of the lot and shall not be readily visible from the public right-of-way. Second floor landings using an exterior stairway shall be kept to the minimum size required to comply with applicable codes. Stairways and landings, which exceed standard sizes, and balconies are prohibited. Stairways, landings, and balconies shall not be counted toward residential open space requirements. 11. Architectural Standards. a. Attached ADUs. Each ADU which is attached to the primary dwelling shall appear to be part of the primary dwelling. It shall have the same design, materials, finishes, and colors as the primary dwelling and shall be in accordance with code design standards and guidelines applicable to the zone. b. Detached ADUs. Any detached ADU shall be compatible in exterior appearance with the primary unit or units in terms of design, materials, finishes, and colors within the same property on which it is proposed to be constructed, in accordance with code design standards and guidelines applicable to the zone. c. Junior ADUs. Junior ADUs shall be compatible in exterior appearance with the primary unit in terms of design, materials, finishes, and colors within the same property on which it is proposed to be constructed, in accordance with code design standards and guidelines applicable to the zone. 12. Garage Conversions. a. No Blank Façade. When a garage is converted to an ADU, if the façade of the converted garage is visible from a public right-of-way, the façade must have substantial articulation in terms of design and architectural features, or substantial landscaping, or some combination thereof to improve aesthetics. For example, obscuring the façade with landscaping that covers at least 50 percent of the wall would meet this requirement, as would construction of an attached code-compliant pergola or awning which was constructed in front of the façade of the converted garage. b. Driveway. The driveway may only be removed if it is replaced with landscaping or open space, and the curb cut and driveway apron are removed and replaced with a curb and gutter which meet city standards. 13. Entry and Walkways. The entrance to an ADU or Junior ADU should be located in a manner that it is subordinate to the main entrance of the primary residence(s) such as areas along the side or within the interior of the property. The walkway leading to the ADU shall be hardscaped and connect to the driveway or the public sidewalk. 14. Parking. a. The owner shall provide one parking space for the ADU unless the ADU has no bedrooms (e.g., a studio), in which case no parking space is required. The required parking space shall be at least eight and a half (8.5) feet wide and eighteen (18) feet long and may be provided as: i. Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk; or ii. Within a setback area or in locations determined feasible by the city. 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 ADU if: i. It is located within one-half mile radius of public transit; ii. It is located within an architecturally and historically significant district; iii. It is part of a proposed or existing primary residence or an accessory structure; iv. When on-street parking permits are required but not offered to the occupant of the ADU; or v. Where there is a car share vehicle located within one block of the ADU. c. When an existing garage, carport, or covered parking structure is converted or demolished in conjunction with the construction of an ADU or converted to an ADU, the off-street parking spaces do not have to be replaced, notwithstanding any other provision of this code to the contrary (e.g., the definition of “driveway” in section 13-6, Table 20-8(c) a driveway does not lose its status as a lawful "driveway" if it leads to a structure that was either converted from a garage into either an ADU or JADU or demolished in conjunction with the construction of an ADU or JADU. In no event shall the demolition of a garage be considered "in conjunction with" the construction of an ADU if the ADU will not be constructed within any portion of the footprint of the demolished garage 15. Non-Conforming. The city shall not require, as a condition of a permit for an ADU or Junior ADU the correction of nonconforming development standards. 16. Short Term Rentals Prohibited. ADUs and Junior ADUs shall not be rented for a term of less 31 days. 17. Open Space. ADUs which exceed 800 square feet in gross floor area shall meet the open space requirements of Section 13-32. SECTION 4. Municipal Code: Land Use Matrix. Existing row 15.1 of Title 13, Chapter IV, Section 13-30 (Citywide Land Use Matrix), is hereby revised as follows (new text underlined and removed text is strikethrough): ZONES LAND USES4 R 1 R 2 M D R 2 H D R 3 A P C L C 1 C 2 C 1 S1 T C1 M G M P P D R- L D1 P D R- M D1 P D R- H D1 P D R- N C M1 P D- C1 P D- I1 I & R 1 I & R S1 I & R M L T1 P 15.1 Incidental residential use that includes a toilet in combination with a bathtub or shower. This applies to an accessory use contained in a detached structure, or contained within C P MC P MC P MC P • • • • • • • • C P MC P MC P MC P MC3 P MC3 P • • • • ZONES LAND USES4 R 1 R 2 M D R 2 H D R 3 A P C L C 1 C 2 C 1 S1 T C1 M G M P P D R- L D1 P D R- M D1 P D R- H D1 P D R- N C M1 P D- C1 P D- I1 I & R 1 I & R S1 I & R M L T1 P the main structure with no interior connection between the main and incidental use. Land Use Restriction required Additionally, existing rows 22.2 and 22.3 of Title 13, Chapter IV, Section 13-30 (Citywide Land Use Matrix), revised as follows, such that existing row 22.3 is renumbered to 22.4, and a new row 22.3 is added. ZONES LAND USES4 R 1 R 2 M D R 2 H D R 3 A P C L C 1 C 2 C 1 S 1 T C 1 M G M P P D R L D 1 P D R M D 1 P D R H D 1 P D R N C M 1 P D C 1 P D I 1 I & R 1 I & R S 1 I & R M L T 1 P 22.2 Accessory dwelling unit (subject to the requirements of chapter V, section 13-35, accessory dwelling units) P2 P2 P2 P2 • • • • • P2 P2 P2 P2 P2 P2 P2 • • P2 • 22.3 Junior Accessory Dwelling Unit (subject to the requirements of chapter V, section 13-35, accessory dwelling units) P2 P2 P2 P2 • • • • • • • • P2 P2 P2 P2 P2 P2 • • P2 • 22.34 Temporary real estate and construction offices (subject to the requirements of chapter IX, article 10, temporary trailers) P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 SECTION 5. Municipal Code Section 13-85 (Parking). 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 strikethrough): (d) Parking for accessory dwelling units and junior accessory dwelling units shall be provided per the requirements of Section 13-35. . One (1) parking space shall be provided for an accessory dwelling unit unless the accessory dwelling unit has no bedrooms, in which case, no parking space is required. Parking may be provided as tandem parking on an existing driveway leading to a garage or carport but must be in addition to any parking required for the single-family residence. Tandem parking means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. Parking for the accessory dwelling unit is not required in each of the following situations: (1) When the accessory dwelling unit is located within one-half (0.5) mile walking distance of public transit; (2) When the accessory dwelling unit is located within an architecturally and historically significant district; (3) When the accessory dwelling unit is part of the proposed or existing single-family residence or an accessory structure; (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; and (5) When there is a car-share vehicle located within one (1) block of the accessory dwelling unit. To prevent car-sharing applications that allow individuals to rent personal vehicles to qualify, “Car-share vehicle” means that the vehicle is part of an established program intended to stay in a fixed location for at least ten (10) years and available to the public. In conjunction with an accessory dwelling unit application, the parking required for the single-family residence shall meet the current parking requirements specified in Chapter VI Off-Street Parking Standards, and shall not be attributed to the accessory dwelling unit. SECTION 6. Municipal Code Sections 13-261.2 through 13-261.8 (Park Fees) A new Article 4, entitled, “Park and Recreation Impact Fees” is added to Chapter XII of Title 13 of the Costa Mesa Municipal Code. Existing Municipal Code sections 13-261.2 through 13-261.8 are hereby moved to Article 4, and shall be amended to provide as follows. 13-276.1. Purpose. The purpose of this article is to establish the procedures for the payment of parks and recreation impact fees in conjunction with the establishment of new residential units. 13-276.2. Requirement. (a) Any party that creates a multi-family residential development (e.g., apartment, duplex, triplex, multiplex) for renter households (collectively, “apartments”) and any party who creates any accessory dwelling unit (ADU), shall remit park fees as established in this Article to provide park and recreational facilities to serve the future residents of such units. (b) The requirements of this Article are in addition to any other applicable requirements of the municipal code, including Municipal Code 13-250 et seq., which sections relate to park/dedication fee requirements applicable to subdivisions. 13-276.3. Relation of land required to population density. Consistent with the general plan, it is hereby found and determined that the public interest, convenience, health, welfare and safety require that 4.26 acres of property for each one thousand (1,000) persons residing within the city be devoted to public park and recreational purposes. 13-276.4. Population density. For the purposes of this article, population density shall be established by resolution of the city council, utilizing the following classifications: (a) Apartments. Any building (or portion thereof) or collection of buildings which provide two or more self-contained dwelling units not designated for separate ownership (i.e., the units not legally subdivided for homeownership). Notwithstanding the foregoing, for purposes of this article, ADUs are not considered “apartments”, and Junior ADUs are considered “apartments.” (b) Determination of the number of dwelling units. The total number of dwelling units shall be determined by the number of units proposed for construction. When the actual number of units is unknown, the number of the units shall be based on the maximum number of units which are permitted by the general plan for the property at the time the tentative or parcel map is filed with the city. 13-276.5. Park fee formula for apartments. The amount of park fee for apartments required pursuant to this section shall be based on the following formula: FEE = 4.26 (A.D.F. x D.U. x P.C.)/1,000 Definition of terms: FEE—The maximum cost to be appraised for fee payment. 4.26—Number of acres per one thousand (1,000) persons. A.D.F.—Apartment density factor obtained from section 13-261.5 population density as applicable to the proposed development. D.U.—Number of dwelling units. P.C.—Proportionate cost is the sum of the weighted cost of park land acquisition per acre of land and cost of construction per acre of land. 13-261.6. Amount of park fee for “apartments” and accessory dwelling units. (a) (1) Fee Resolutions. The fees authorized via this article shall be periodically established and/or adjusted via a resolution of the City Council. Such fees shall comply with Government Code section 66000 et seq., and shall not exceed the amounts authorized by Government Code section 66000 et seq. (2) ADU fees. The fees for ADUs shall take into consideration the fees charged for apartments, and shall be calculated consistent with the requirements of Government Code 65852.2, as it may be amended from time to time. (b) Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes where the developer proposes the dedication voluntarily and the land is accepted by the city council at its discretion. When land dedication is provided, it shall be accomplished consistent with applicable local ordinances, including any applicable requirements of the Subdivision Map Act. (c) If the developer objects to the amount of the fee pursuant to this article, an appeal may be made to the city council by filing an application of appeal with the city clerk and payment of an appeal processing fee as determined by the city council. A notice of appeal shall be filed with the city clerk within seven (7) days of payment of the fee. The developer shall have the burden of proof in contesting the amount of the fee. Within thirty (30) days of receipt of the notice of appeal, a public hearing on the appeal shall be held by the city council, and the decision shall be final and conclusive in determining the amount of the fee. (d) The fee shall be paid to the development services department and shall be deposited and held in appropriate trust accounts and may be expended therefrom only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreation facilities to serve the development on which the fee is charged. Upon receipt of the fee, the development services department shall issue a receipt, and the receipt shall be presented as proof of payment of the fee prior to the issuance of any permit for buildings and structures pursuant to this Zoning Code. (e) In order that the fees levied pursuant to subsection (a) keep pace with the cost of land, the fee schedule described in subsection (a) shall be periodically adjusted on a biennial basis, or as specified by city council by resolution. The fee schedule shall be adjusted consistent with applicable law. (f) Upon application to the development services department, the payment of the fee may be deferred where the department makes the following findings: (1) The developer has entered into a fee agreement with written evidence of adequate security to assure payment of the fee at a date prior to the issuance of a certificate of occupancy, and in a form approved by the city attorney; and (2) The deferral of the fee shall not adversely impact the development of new or the rehabilitation of existing neighborhood or community park or recreational facilities to serve the development. 13-276.7. Procedure, credit. (a) Procedure. When fees are required, the same shall be deposited with the Development Services Department prior to issuance of building permits. (b) Credit. Credit shall be granted for dwelling units demolished as a part of the development. This credit shall be limited to the number of units existing at the time of the approval of the project and shall not be transferred to other developments. SECTION 7. Repeal. All portions of prior ordinances, including those within Urgency Ordinance 19-19, to the extent that they are inconsistent with the terms of this ordinance are replaced by the terms of this ordinance. SECTION 8. 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 9. Inconsistencies with State Law. Any provision of this ordinance which is inconsistent with state law shall be interpreted in a manner which is the most limiting on the ability to create ADUs or Junior ADUs, but which is 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 10. 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 11. Effective Date. This Ordinance shall take effect on the 31st day after adoption. SECTION 12. 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 13. 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 _____ day of ________, 2021 _________________________________ Katrina Foley, Mayor ATTEST: APPROVED AS TO FORM ______________________________ ________________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney I, Brenda Green, City Clerk of the City of Costa Mesa, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No.2021-XX ____ introduced at a regular meeting of the City Council of the City of Costa Mesa held on the ____ day of _____, 2021, and was thereafter adopted at a regular meeting held on the _____ day of _______, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Said ordinance has been published or posted pursuant to law. Witness my hand and the official seal of the City of Costa Mesa this ____ day of _______, 2021. _________________________________ Brenda Green, City Clerk Resolution No. 2021-xx Page 1 of 5 RESOLUTION NO. 2021-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AND ADOPTING PARK IMPACT FEES FOR ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, California Government Code Section 66000 authorizes the legislative body of a City to require the payment of development impact fees to defray all or a portion of the cost of public facilities related to a type of development as long as the benefit requirements are met; and WHEREAS, pursuant to the provisions of the California Constitution and the laws of the State of California, the City of Costa Mesa is authorized to adopt and implement rates, fees, and charges for municipal services; provided, however, that such rates, fees, and/or charges do not exceed the estimated reasonable cost of providing such services; and WHEREAS, Resolution 15-27 and Ordinance 15-09 were adopted by City Council in 2015 related to the calculation of park impact fees and the code amendment for multi- family residential development (apartment) park impact fees, respectively; and WHEREAS, California Government Code Section 65852.2 prohibits a local agency from imposing any impact fee upon the development of an accessory dwelling unit less than 750 square feet; authorizes a local agency to charge impact fees for an accessory dwelling unit of 750 square feet or more “proportionately in relation to the square footage of the primary dwelling unit”; and WHEREAS, California Government Code Section 66016 requires notice to be given and data made available at specified times prior to the adoption of certain increases in rates, fees, and charges, or the adoption of new rates, fees, and charges for use permits and inspections; and WHEREAS, the City has complied with the noticing requirements of Government Code 66016; and WHEREAS, although the City is not required to comply with the noticing requirements of California Government Code Section 66018, the city has nevertheless published all notices consistent with the requirements of that section, including having Attachment 2 Resolution No. 2021-xx Page 2 of 5 published notice in accordance with California Government Code Section 6062a and having made the data available concerning rates, fees, and charges prior to conducting a hearing on the fees; and WHEREAS, the City Council has held at least one public hearing and received oral and written presentations thereat with respect to the proposed fees before adopting this Resolution; and WHEREAS, the City Council is currently considering adopting an ordinance entitled “An Ordinance of the Costa Mesa City Council Repealing Urgency Ordinance 19- 19 and Authorizing Accessory Dwelling Units and Junior Accessory Dwelling Units Consistent with State Law Requirements by Amending Portions of Title 13 of the Municipal Code and to Authorize Related Fees” (the “ADU Ordinance”); WHEREAS, the City Council desires to establish impact fees associated with the development of an accessory dwelling unit and junior accessory dwelling unit as set forth herein; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. Findings. The City Council hereby finds that based upon the data, information, analysis, oral and written documentation presented to the City Council concerning the fees described in Exhibit "A" attached hereto and by this reference incorporated herein, do not exceed the established reasonable cost of providing the service for which the fees are levied and that the fees solely recover an objectively reasonable approximation of the city’s actual and reasonable costs. Section 2. Exhibit A. The fees set forth in Exhibit “A” are hereby adopted and approved. Section 3. Effective Date. The fees set forth in Exhibit "A" shall be effective on the later to occur of (a) 60 days after Council adoption of this Resolution; or (b) the effective date of the ADU Ordinance or any other ordinance which authorizes the fees set forth in this resolution. Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Resolution No. 2021-xx Page 3 of 5 PASSED AND ADOPTED this ___day of _____, 2021. _____________________________ Katrina Foley, Mayor ATTEST: APPROVED AS TO FORM: ________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney Resolution No. 2021-xx Page 4 of 5 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 is the original of Resolution No. 2021-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the ___day of _____, 2021, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this ___day of _____, 2021. ___________________________ Brenda Green, City Clerk Resolution No. 2021-xx Page 5 of 5 EXHIBIT A PARK IMPACT FEES FOR THE DEVELOPMENT OF ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs) Adopted by the Costa Mesa City Council January 19, 2021 ADU Park Impact Fees1:  ADUs of less than 750 square feet: none  ADUs of 750 square feet or more on a lot containing single family dwelling(s): The product of: (full fee for single family dwellings2) x (square footage of the proposed ADU / square footage of primary dwelling) = ADU Park Impact Fee  For ADUs of 750 square feet or more on a lot containing multi-family dwellings: The product of: (full fee for multi-family dwellings2) x (square footage of the proposed ADU / average square footage of the multi-family units on site) JADU Park Impact Fees1:  Each JADU shall pay the same park impact fee as is paid for apartments.2 1 Park Impact Fees is in addition to the requirement to pay all other applicable fees (e.g. building permit fees) 2 See City Council Resolution 15-27. ORDINANCE NO. 20202021-XX AN ORDINANCE OF THE COSTA MESA CITY COUNCIL REPEALING URGENCY ORDINANCE 19-19 AN D APPROVING CODE AMENDMENT CO-2020-04 AMENDING PORTIONS OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS AND TO AUTHORIZE RELATED FEES 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) and junior accessory dwelling units (Junior ADUs) became law, including AB 68, AB 881, SB 13, AB 587, and AB 670; and WHEREAS, Government Code section 65852.2(a)(4) provides 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”; and WHEREAS, the City adopted urgency ordinance 19-19 on December 17, 2019 to cause the city’s ADU and Junior ADU laws to be revised effective January 1, 2020; WHEREAS, by adopting its own ADU and Junior ADU laws, the city is able to retain at least some authority to regulate ADUs and Junior ADUs that it might not otherwise have; WHEREAS, the City Council intends to apply the state standards at local level with the goal of allowing more housing production for all income levels within standards that will result in construction and conversion of new ADUs in a more cohesive and integrated manner. SECTION 2: Code Amendment. Section 13-6 (Definitions). Effective January 1, 2020, theThe definition of “Accessory Dwelling Unit (ADU)” within Title 13, Chapter I, Article 2, Section 13-6 (Definitions) is hereby amended as follows: (new text underlined and removed text is strikethrough): Accessory Dwelling Unit (ADU). A second dwelling unit established in conjunction with and subordinate to the single-family dwelling unit existing on the property. The accessory dwelling unit may be as studio with no bedroom or contain a maximum of two (2) bedrooms and be attached to the single-family dwelling unit or located in a detached accessory building on the same lot. It may also be referred to as an accessory apartment, granny unit, granny flat, or in-law apartment. 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. Purpose, general plan consistency, definitions. 1. Purpose and Interpretation. The intent of this section is to ensure that accessory dwelling units (ADUs) and Junior ADUs remain as an accessory use to a single- family residence, that the structures on parcels are organized to accommodate an ADU and/or Junior ADU, 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 ADUs in terms of design, aesthetics, massing and integration with existing structures and to comply with the requirements of state law. 2. 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 ADUs, and that the amendment furthers the goals, objectives, and policies of the general plan housing element. 3. Definitions. For purpose of this section 13-35 only: a. The terms “accessory dwelling unit” (ADU), “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 ADU” shall have the same meaning as that stated in Government Code section 65852.22(h)(1) as that section may be amended from time to time. c. A structure is considered “existing” if a building permit was issued and finaled at least two years before an application is submitted under this section. d. The terms “single family dwelling” and “multifamily dwelling” exclude all garages, carports, and similar structures, regardless of whether such structures are attached or detached from the dwelling. e. A “multifamily dwelling” is a dwelling (excluding any ADU or Junior ADU) within a multifamily dwelling structure., including detached single-family homes where there is more than one (1) primary dwelling unit on a lot. f. A “multifamily dwelling structure” is a structure which contains at least two lawful dwellings within the structure, excluding ADUs and Junior ADUs. Storage rooms, boiler rooms, passageways, attics, basements, garages and other non-habitable spaces are considered within a “multifamily dwelling structure” if such non-habitable spaces are within the same structure as at least two other multifamily dwellings. B. Accessory Dwelling Units 1. Residential and Mixed Use Zones Only. ADUs are permitted in single-family, multi-family zones, and mixed use zones (i.e., zones where single family and/or multifamily dwellings are allowed), and only on a legal lot with proposed or existing residential dwelling(s) which will remain on site. By way of illustration only, the zones where accessory dwellings are allowed are shown on the Citywide Land Use Matrix at Section 13-30. If there is any conflict between the requirement that ADUs be approved in (and only in) zones where single family and multifamily dwellings are allowed and the Land Use Matrix, the former shall control. 2. Underlying zone. Except as otherwise provided in this section, ADUs shall conform to the development standards of the underlying zone. 3. Ministerial. Any application for an ADU that meets the requirements of this section shall be approved ministerially by the city by applying the standards herein and without a public hearing. 4. Maximum Number of Dwelling Units. The following is the maximum number of ADUs and or Junior ADUs allowed on any lot. Only one category may be used per lot. a. Single-Family. Only one ADU and only one Junior ADU may be permitted on a lot with a proposed or existing single family dwelling subject to the following: i. Conversion within a single family dwelling. 1. An ADU or Junior ADU may be within the existing footprint of a lawful single family dwelling. Alternatively, an ADU may be within a lawful existing accessory structure; in this case up to 150 square feet may be added beyond the physical dimensions of the existing accessory structure solely to accommodate ingress and egress to the ADU; and 2. Each such ADU and Junior ADU must have independent exterior access from the single family dwelling, and have side and rear setbacks sufficient for fire safety; or ii. New Construction. One new construction ADU may be permitted on a lot with proposed or existing single family dwelling. One new construction Junior ADU may be allowed on the lot if the Junior ADU is to be in a single family dwelling that meets all applicable legal standards. b. Multi-Family. Junior ADUs are not allowed on a lot with a multifamily dwelling structure.more than one residence. ADUs are not allowed within new construction multi-familyresidences where, after construction, there will be at least two residence on the lot (e.g. detached residential structures;, duplexes, apartments); up to two ADUs for new construction multi-family structures are allowed with such structures pursuant to subsection ii, below. For lots with an existing legal multifamily dwelling (e.g., a legal non-conforming multifamily dwelling), the applicant may have ADU(s) pursuant to one of the following: i. Maximum ADUs within Existing Multifamily Dwelling Structure. No more than twenty-five percent (25%, with any partial unit rounded down) of the number of existing multifamily dwelling units on the lot, but at least one (1) unit, shall be permitted as ADU(s) constructed within the non-livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structures; or ii. Maximum Detached External ADUs. No more than two detached ADUs are permitted. Both units shall be detached from every multifamily structureresidence on site (but need not be detached from each other). Such ADUs shall not exceed 800 square feet of gross floor area, shall be no taller than sixteen (16) feet in height, and shall have at least four (4) feet of side and rear yard setbacks; or iii. Maximum Mixed (Detached / Within) ADUs. No more than one ADU is permitted within the existing and enclosed non-livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structure; and no more than one ADU that is detached from each multifamily dwelling structure on site, provided that such ADU does not exceed 800 square feet of gross floor area, is no taller than sixteen (16) feet in height, and has at least four (4) feet of side and rear yard setbacks. 5. Maximum Size. a. Single Family i. Detached. For lots with a proposed or existing single-family dwelling, a detached ADU shall not have more than 1,200 square feet. ii. Attached. An ADU attached to a single family dwelling shall be no more than the greater of 50% of the square footage of the existing single family dwelling or 1,000 square feet. b. Multifamily, Exterior Construction. For lots with an existing legal multifamily dwelling structure, an ADU shall not exceed 800 square feet. c. Interior Conversions. Notwithstanding subsections a and b immediately above, ADUs which are converted from space entirely within lawful existing structures, and ADUs entirely within proposed lawful single family dwellings, are not subject to a limit on maximum square footage. 6. Conversions of dwelling units. a. Total Conversion of Single Family Unit. An entire existing single family or multifamily dwelling may be converted to an ADU if the ADU complies with all applicable requirements of this ordinance and a new single-family residence with a total gross floor area exceeding that of the ADU is constructed in full compliance with code requirements. b. Partial Conversion/Addition. A portion of the existing single family or multifamily dwelling may be converted to an ADU with new additional square footage, which additional square footage shall comply with all standards applicable to attached ADUs, and all converted square footage shall comply with standards applicable to conversions . The maximum square footage of the attached ADU shall be based upon the size of the existing primary dwelling before construction of the ADU addition. C. Junior ADUs. 1. Rule. Junior ADUs shall comply with the requirements of this subsection C, in addition to the requirements of subsection D of this section 13-35. 2. Maximum Size. A Junior ADU shall not exceed 500 square feet in gross floor area. 3. Owner Occupancy Requirement. The owner of a parcel proposed for a Junior ADU shall occupy as a primary residence either the primary dwelling unit or the Junior ADU. 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. 4. Short-Term Rentals Prohibited. A Junior ADU shall not be rented for periods of less than 31 days. 5. Location of Junior ADU. A Junior ADU shall be entirely within a single-family residence. 6. Kitchen Requirements. A Junior ADU shall include an efficiency kitchen, including a sink, a single or multiple cooktop, outlet for a small refrigerator, food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior ADU. 7. Parking. No additional parking is required beyond that already required for the primary dwelling. 8. 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 ADU shall not be considered a separate or new unit, unless the Junior ADU was constructed in conjunction with a new single-family dwelling. No separate connection between the Junior ADU and the utility shall be required for units created within a single-family dwelling, unless the Junior ADU is being constructed in connection with a new single-family dwelling. 9. Exterior and Interior Access. The Junior ADU shall include an exterior entrance separate from the main entrance to the single-family dwelling. D. Development Standards. All ADUs and Junior ADUs must comply with the following requirements: 1. Ministerial Project. Any application for an ADU or Junior ADU that meets the requirements of this section shall be approved without a public hearing. 2. Application by Owner. An application for a building permit for an ADU or Junior ADU 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. Separate Sale Prohibited. Except as otherwise provided by law (e.g., Government Code section 65852.26), ADUs and Junior ADUs may not be sold or otherwise conveyed separate from the primary residence. 4. Utilities. a. All ADUs and Junior ADUs must be connected to public utilities (or their equivalent), including water, electric, and sewer services. b. Except as provided in subsection c immediately below, the City may require the installation of a new or separate utility connection between the ADU and the utility. For Junior ADUs, see subsection D.8, above. c. No separate connection between the ADU and the utility shall be required for units created within a single-family dwelling, unless the ADU is being constructed in connection with a new single-family dwelling. d. Each ADU and Junior ADU shall have a separate mailing address. 5. Recorded Covenants. Before obtaining a building permit, the owner shall file with the county recorder, in a form approved by the city attorney, a covenant which does all of the following: a. prohibit the sale of the ADU and Junior ADU separate from the single-family residence; and, b. unless subsequently prohibited by an amendment to state law, for ADUs approved on or after January 1, 2025, the ADU shall be considered legal only as long as either the primary residence or the ADU is occupied by the owner of record or state law is amended to prohibit such requirements. Junior ADUs require owner occupancy of either the single family dwelling or the Junior ADU; and, c. restrict the accessory second unit to the maximum size allowed by Municipal Code section 13-35, as it may be amended from time to time; and, d. prohibit renting the ADU for periods less than 31 days; and, e. confirm that 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. 6. Passageway. No passageway shall be required in conjunction with the construction of an ADU. 7. Building Permits Required. Applications for ADUs and Junior ADUs shall conform to the requirements for, and shall obtain, a building permit consistent with the requirements of Title 5 (Buildings and Structures). By way of reference only, current requirements generally require all dwellings to have no less than 220 square feet. Fire sprinklers shall not be required if they are not required for the primary residence; if, however, the ADU is attached to the primary dwelling, and if an addition to the house would require sprinklers for an addition to the primary dwelling in the same location, then sprinklers shall be required. 8. Setbacks. a. None. No setbacks are required for: either (i) those portions of ADUs that are created by converting existing living area or existing accessory structures to a new ADU; or (ii) constructing new ADUs in the same location and to the same dimensions as an existing structure. Notwithstanding the foregoing, ADUs and Junior ADUs shall, at minimum, comply with setbacks that are sufficient for fire and life safety. b. Other Setbacks. For all other ADUs, there shall be a minimum of setbacks of four feet from side and rear property lines and full compliance with all applicable front yard setbacks. An ADU on a corner lot shall maintain a minimum setback of ten feet from the public right-of-way on the street side or be consistent with the existing setback distance of the main residential structure, whichever is less. c. Distance Between Structures. The minimum required distance between a detached ADU and the primary dwelling unit, and all other structures on the property, including garages, shall be six feet. 9. Height. Except as authorized in subsection b, below, in no event may any portion of a new construction ADU exceed two stories or exceed the height of any other dwelling that will be on the property. Furthermore, except as authorized in subsection a and b, below, an ADU shall be entirely only on the first floor. a. Second Floor or Two-Stories. An ADU on a lot which has an existing lawfully constructed single family dwelling or will have a new single family dwelling, may be in whole or in part on a second floor, or be a two-story ADU, if all five of the following occur: i. all portions of the ADU are at least 40 feet from the front property line; ii. Each stairwell for the ADU is interior or complies with subsection 10, below; and iii. the second floor of any portion of the ADU, if built above a detached garage, does not exceed the footprint of the garage; and iv. no windows are installed on the second floor on side elevations if such windows are within 25 feet of a neighboring dwelling and face the neighboring property unless such windows have a minimum sill height of at least five feet; and v. the second floor (or the entire two-story ADU as applicable) meets the setbacks applicable to additions and accessory structures for the underlying zone. b. Within Structure. The ADU is built entirely within either: i. a proposed or existing lawfully constructed single-family dwelling, except that an external stairwell to the ADU which meets all requirements of this code, including the requirements of subsection 10, below, may be constructed to allow access to the ADU; or ii. the non-habitable space of an existing multifamily structure. 10. Exterior Stairways and Balconies. An exterior stairway to a second-floor ADU shall be facing the interior of the lot and shall not be readily visible from the public right-of-way. Second floor landings using an exterior stairway shall be kept to the minimum size required to comply with applicable codes. Stairways and landings, which exceed standard sizes, and balconies are prohibited. Stairways, landings, and balconies shall not be counted toward residential open space requirements. 11. Architectural Standards. a. Attached ADUs. Each ADU which is attached to the primary dwelling shall appear to be part of the primary dwelling. It shall have the same design, materials, finishes, and colors as the primary dwelling and shall be in accordance with code design standards and guidelines applicable to the zone. b. Detached ADUs. Any detached ADU shall be compatible in exterior appearance with the primary unit or units in terms of design, materials, finishes, and colors within the same property on which it is proposed to be constructed, in accordance with code design standards and guidelines applicable to the zone. c. Junior ADUs. Junior ADUs shall be compatible in exterior appearance with the primary unit in terms of design, materials, finishes, and colors within the same property on which it is proposed to be constructed, in accordance with code design standards and guidelines applicable to the zone. 12. Garage Conversions. a. No Blank Façade. When a garage is converted to an ADU, if the façade of the converted garage is visible from a public right-of-way, the façade must have substantial articulation in terms of design and architectural features, or substantial landscaping, or some combination thereof to improve aesthetics. For example, obscuring the façade with landscaping that covers at least 50 percent of the wall would meet this requirement, as would construction of an attached code-compliant pergola or awning which was constructed in front of the façade of the converted garage. b. Driveway. The driveway may only be removed if it is replaced with landscaping or open space, and the curb cut and driveway apron are removed and replaced with a curb and gutter which meet city standards. 13. Entry and Walkways. The entrance to an ADU or Junior ADU should be located in a manner that it is subordinate to the main entrance of the primary residence(s) such as areas along the side or within the interior of the property. The walkway leading to the ADU shall be hardscaped and connect to the driveway or the public sidewalk. 14. Parking. a. The owner shall provide one parking space for the ADU unless the ADU has no bedrooms (e.g., a studio), in which case no parking space is required. The required parking space shall be at least eight and a half (8.5) feet wide and eighteen (18) feet long and may be provided as: i. Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk; or ii. Within a setback area or in locations determined feasible by the city. 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 ADU if: i. It is located within one-half mile radius of public transit; ii. It is located within an architecturally and historically significant district; iii. It is part of a proposed or existing primary residence or an accessory structure; iv. When on-street parking permits are required but not offered to the occupant of the ADU; or v. Where there is a car share vehicle located within one block of the ADU. c. When an existing garage, carport, or covered parking structure is converted or demolished in conjunction with the construction of an ADU or converted to an ADU, the off-street parking spaces do not have to be replaced, notwithstanding any other provision of this code to the contrary (e.g., the definition of “driveway” in section 13-6, Table 20-8(c) a driveway does not lose its status as a lawful "driveway" if it leads to a structure that was either converted from a garage into either an ADU or JADU or demol ished in conjunction with the construction of an ADU or JADU. In no event shall the demolition of a garage be considered "in conjunction with" the construction of an ADU if the ADU will not be constructed within any portion of the footprint of the demolished garage. 15. Non-Conforming. The city shall not require, as a condition of a permit for an ADU or Junior ADU the correction of nonconforming development standards. 16. Short Term Rentals Prohibited. ADUs and Junior ADUs shall not be rented for a term of less 31 days. 17. Open Space. ADUs which exceed 800 square feet in gross floor area shall meet the open space requirements of Section 13 -32. SECTION 4. Municipal Code: Land Use Matrix. Existing row 15.1 of Title 13, Chapter IV, Section 13-30 (Citywide Land Use Matrix), is hereby revised as follows: (new text underlined and removed text is strikethrough): ZONES LAND USES4 R 1 R 2 M D R 2 H D R 3 A P C L C 1 C 2 C 1 S1 T C1 M G M P P D R- L D1 P D R- M D1 P D R- H D1 P D R- N C M1 P D- C1 P D- I1 I & R 1 I & R S1 I & R M L T1 P 15.1 Incidental residential use that includes a toilet in combination with a bathtub or shower. This applies to an accessory use contained in a detached structure, or contained within C P MC P MC P MC P • • • • • • • • C P MC P MC P MC P MC3 P MC3 P • • • • ZONES LAND USES4 R 1 R 2 M D R 2 H D R 3 A P C L C 1 C 2 C 1 S1 T C1 M G M P P D R- L D1 P D R- M D1 P D R- H D1 P D R- N C M1 P D- C1 P D- I1 I & R 1 I & R S1 I & R M L T1 P the main structure with no interior connection between the main and incidental use. Land Use Restriction required Additionally, existing rows 22.2 and 22.3 of Title 13, Chapter IV, Section 13-30 (Citywide Land Use Matrix), revised as follows, such that existing row 22.3 is renumbered to 22.4, and a new row 22.3 is added. ZONES LAND USES4 R 1 R 2 M D R 2 H D R 3 A P C L C 1 C 2 C 1 S 1 T C 1 M G M P P D R L D 1 P D R M D 1 P D R H D 1 P D R N C M 1 P D C 1 P D I 1 I & R 1 I & R S 1 I & R M L T 1 P 22.2 Accessory dwelling unit (subject to the requirements of chapter V, section 13-35, accessory dwelling units) P2 P2 P2 P2 • • • • • P2 P2 P2 P2 P2 P2 P2 • • P2 • 22.3 Junior Accessory Dwelling Unit (subject to the requirements of chapter V, section 13-35, accessory dwelling units) P2 P2 P2 P2 • • • • • • • • P2 P2 P2 P2 P2 P2 • • P2 • 22.34 Temporary real estate and construction offices (subject to the requirements of chapter IX, article 10, temporary trailers) P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 SECTION 5. Municipal Code Section 13-85 (Parking). 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 strikethrough): (d) Parking for accessory dwelling units and junior accessory dwelling units shall be provided per the requirements of Section 13 -35. . One (1) parking space shall be provided for an accessory dwelling unit unless the accessory dwelling unit has no bedrooms, in which case, no parking space is required. Parking may be provided as tandem parking on an existing driveway leading to a garage or carport but must be in addition to any parking required for the single-family residence. Tandem parking means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. Parking for the accessory dwelling unit is not required in each of the following situations: (1) When the accessory dwelling unit is located within one-half (0.5) mile walking distance of public transit; (2) When the accessory dwelling unit is located within an architecturally and historically significant district; (3) When the accessory dwelling unit is part of the proposed or existing single-family residence or an accessory structure; (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; and (5) When there is a car-share vehicle located within one (1) block of the accessory dwelling unit. To prevent car-sharing applications that allow individuals to rent personal vehicles to qualify, “Car-share vehicle” means that the vehicle is part of an established program intended to stay in a fixed location for at least ten (10) years and available to the public. In conjunction with an accessory dwelling unit application, the parking required for the single-family residence shall meet the current parking requirements specified in Chapter VI Off-Street Parking Standards, and shall not be attributed to the accessory dwelling unit. SECTION 6. Municipal Code Sections 13-261.2 through 13-261.8 (Park Fees) A new Article 4, entitled, “Park and Recreation Impact Fees” is added to Chapter XII of Title 13 of the Costa Mesa Municipal Code. Existing Municipal Code sections 13-261.2 through 13-261.8 are hereby moved to Article 4, and shall be amended to provide as follows. 13-276.1. Purpose. The purpose of this article is to establish the procedures for the payment of parks and recreation impact fees in conjunction with the establishment of new residential units. 13-276.2. Requirement. (a) Any party that creates a multi-family residential development (e.g., apartment, duplex, triplex, multiplex) for renter households (collectively, “apartments”) and any party who creates any accessory dwelling unit (ADU), shall remit park fees as established in this Article to provide park and recreational facilities to serve the future residents of such units. (b) The requirements of this Article are in addition to any other applicable requirements of the municipal code, including Municipal Code 13-250 et seq., which sections relate to park/dedication fee requirements applicable to subdivisions. 13-276.3. Relation of land required to population density. Consistent with the general plan, it is hereby found and determined that the public interest, convenience, health, welfare and safety require that 4.26 acres of property for each one thousand (1,000) persons residing within the city be devoted to public park and recreational purposes. 13-276.4. Population density. For the purposes of this article, population density shall be established by resolution of the city council, utilizing the following classifications: (a) Apartments. Any building (or portion thereof) or collection of buildings which provide two or more self-contained dwelling units not designated for separate ownership (i.e., the units not legally subdivided for homeownership). Notwithstanding the foregoing, for purposes of this article, ADUs are not considered “apartments”, and Junior ADUs are considered “apartments.” (b) Determination of the number of dwelling units. The total number of dwelling units shall be determined by the number of units proposed for construction. When the actual number of units is unknown, the number of the units shall be based on the maximum number of units which are permitted by the general plan for the property at the time the tentative or parcel map is filed with the city. 13-276.5. Park fee formula for apartments. The amount of park fee for apartments required pursuant to this section shall be based on the following formula: FEE = 4.26 (A.D.F. x D.U. x P.C.)/1,000 Definition of terms: FEE—The maximum cost to be appraised for fee payment. 4.26—Number of acres per one thousand (1,000) persons. A.D.F.—Apartment density factor obtained from section 13-261.5 population density as applicable to the proposed development. D.U.—Number of dwelling units. P.C.—Proportionate cost is the sum of the weighted cost of park land acquisition per acre of land and cost of construction per acre of land. 13-261.6. Amount of park fee for “apartments” and accessory dwelling units. (a) (1) Fee Resolutions. The fees authorized via this article shall be periodically established and/or adjusted via a resolution of the City Council. Such fees shall comply with Government Code section 66000 et seq., and shall not exceed the amounts authorized by Government Code section 66000 et seq. (2) ADU fees. The fees for ADUs shall take into consideration the fees charged for apartments, and shall be calculated consistent with the requirements of Government Code 65852.2, as it may be amended from time to time. (b) Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes where the developer proposes the dedication voluntarily and the land is accepted by the city council at its discretion. When land dedication is provided, it shall be accomplished consistent with applicable local ordinances, including any applicable requirements of the Subdivision Map Act. (c) If the developer objects to the amount of the fee pursuant to this article, an appeal may be made to the city council by filing an application of appeal with the city clerk and payment of an appeal processing fee as determined by the city council. A notice of appeal shall be filed with the city clerk within seven (7) days of payment of the fee. The developer shall have the burden of proof in contesting the amount of the fee. Within thirty (30) days of receipt of the notice of appeal, a public hearing on the appeal shall be held by the city council, and the decision shall be final and conclusive in determining the amount of the fee. (d) The fee shall be paid to the development services department and shall be deposited and held in appropriate trust accounts and may be expended therefrom only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreation facilities to serve the development on which the fee is charged. Upon receipt of the fee, the development services department shall issue a receipt, and the receipt shall be presented as proof of payment of the fee prior to the issuance of any permit for buildings and structures pursuant to this Zoning Code. (e) In order that the fees levied pursuant to subsection (a) keep pace with the cost of land, the fee schedule described in subsection (a) shall be periodically adjusted on a biennial basis, or as specified by city council by resolution. The fee schedule shall be adjusted consistent with applicable law. (f) Upon application to the development services department, the payment of the fee may be deferred where the department makes the following findings: (1) The developer has entered into a fee agreement with written evidence of adequate security to assure payment of the fee at a date prior to the issuance of a certificate of occupancy, and in a form approved by the city attorney; and (2) The deferral of the fee shall not adversely impact the development of new or the rehabilitation of existing neighborhood or community park or recreational facilities to serve the development. 13-276.7. Procedure, credit. (a) Procedure. When fees are required, the same shall be deposited with the Development Services Department prior to issuance of building permits. (b) Credit. Credit shall be granted for dwelling units demolished as a part of the development. This credit shall be limited to the number of units existing at the time of the approval of the project and shall not be transferred to other developments. SECTION 7. Repeal. All portions of prior ordinances, including those within Urgency Ordinance 19-19, to the extent that they are inconsistent with the terms of this ordinance are replaced by the terms of this ordinance. SECTION 8. 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 9. Inconsistencies with State Law. Any provision of this ordinance which is inconsistent with state law shall be interpreted in a manner which is the most limiting on the ability to create ADUs or Junior ADUs, but which is 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 10. 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 11. Effective Date. This Ordinance shall take effect on the 31st day after adoption. SECTION 12. 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 13. 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 _____ day of ________, 2020 2021 _________________________________ Katrina Foley, Mayor ATTEST: APPROVED AS TO FORM ______________________________ ________________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney I, Brenda Green, City Clerk of the City of Costa Mesa, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No.20202021-XX ____ introduced at a regular meeting of the City Council of the City of Costa Mesa held on the ____ day of _____, 20202021, and was thereafter adopted at a regular meeting held on the _____ day of _______, 20202021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Said ordinance has been published or posted pursuant to law. Witness my hand and the official seal of the City of Costa Mesa this ____ day of _______, 20202021. _________________________________ Brenda Green, City Clerk JADU Conversion JADU (Interior conversion of a portion of a single-family dwelling, excludes garage) Conversion ADU (Interior conversion of existing area of single-family dwelling including garage, or conversion of a legally detached accessory structure) Detached ADUs (New construction) Attached ADU (Addition/new construction that is attached to the main dwelling structure) Conversion ADU (Interior conversion of existing non- habitable area of multi-family dwelling structures, excludes detached accessory structures) Detached ADU (New construction) 500 No Maximum 1,200 1,000 or no more than the greater of 50% of the square footage of the existing single family dwelling No Maximum 800 N/A N/A N/A 15 for single-story N/A N/A N/A 20 for single-story N/A N/A N/A 4 for single-story N/A N/A N/A 10 for single-story N/A N/A N/A 4 for single-story Efficiency kitchen required None One parking space for ADUs with one-bedroom or more (with exemptions)c N/A N/A N/A ADUs which exceed 800 square feet in gross floor area shall meet the open space requirements Required in either the primary dwelling or JADU Same park impact fee as is paid for apartments ACCESSORY DWELLING UNITS CITY OF COSTA MESA - ACCESSORY DWELLING UNITS (FEBRUARY 2021) PG. 1/1 Exterior entrance required Independent entrance required Kitchen Full kitchen required Full kitchen required PROPERTY ELIGIBILITY Allowed on all lots zoned for residential use and mixed-use Is my property eligible for an Accessory Dwelling Unit? Number of Accessory Dwelling Type Permitted Per Lot One JADU and attached ADU or a detached ADU is permitted per single-family lot At least one unit and no more than 25% of the existing unit count in a multi-family building (interior conversion) or One interior conversion ADU and One detached ADU or Two detached ADU SINGLE-FAMILY ADU MULTI-FAMILY ADU ADU Type Residential Type Zoning Which ADU criteria do I fall into? Single-Family: A single-family dwelling where there is no more than one (1) primary dwelling unit on a lot Multi-Family: A dwelling within a multifamily dwelling structure, including detached single-family homes where there is more than one (1) primary dwelling unit on a lot a Maximum Size (Square Feet) Side Setback (Feet)4 for single-story 5 for second floor / two-story Streetside Setback (Feet)4 for single-story Front Setback (Feet) None for ADUs less than 750 SF Calculated in proportion to the area of the primary dwelling unit and the single-family park impact fee None for ADUs less than 750 SF Calculated in proportion to the area of the primary dwelling unit and the multi-family park impact fee Impact Feesd Parking Requirements Deed Restrictions Maximum Height (Feet)b 27 with a sloped-roof or 22 with a flat roof a Section 13-35(A)(3)(e), b Section 13-35(D)(9), c Section 13-35(D)(14), d Resolution No. 21-xx ADU DEVELOPMENT STANDARDS The owner of the property must record a deed restriction that restricts the sale of the ADU from the existing dwelling unit and prohibits short term rentals Owner Occupancy Not required Open Space ADUs which exceed 800 square feet in gross floor area shall meet the open space requirements 20 for single-story 40 for second floor / two-story None One parking space for ADUs with one-bedroom or more (with exemptions) Rear Setback (Feet) 4 for single-story 20 for second floor / two-story 5 for second floor / two-story abutting a PROW Entrance(s)DRAFTAttachment 4 CO-2020-04 ADU Code Amendment & Fee Resolution February 2, 2021 City Council v v ACCESSORY DWELLING UNITS Accessory dwelling units are units w/ independent living facilities (kitchen, bathroom, etc.) for one or more people. ADU VERSUS JADU •Accessory Dwelling Unit (ADU) –Independent •Junior Accessory Dwelling Unit (JADU) –Semi-private space; located within the single-family residence OVERVIEW Granny units are allowed in R-1 zones; limited to 62+ years old State establishes ADU standards; Costa Mesa adopts an Ordinance allowing ADU’s in the R-1 / R2-MD zones; minimum lot size requirement of 7,900 SF (R1) State ADU laws were further modified and eliminated the City’s ability to apply certain development standards effective January 2020 Adopted urgency ordinance to comply with State law Before 2017 2017-2018 Late 2019 Dec 2019 OVERVIEW •Staff studied the issue and prepared a permanent Ordinance •Planning Commission Public Hearing –July 27, 2020 •Simplify ADU ordinance structure •Simplify differing ADU size standards •Allow 2nd floor and two-story ADUs where appropriate •Preserve the existing fabric of Costa Mesa neighborhoods •Planning Commission Public Hearing –September 14, 2020 •Staff presented a modified Ordinance •PC recommended approval to CC January 2020 July 2020 Sept 2020 v v PROPOSED ORDINANCE ADUs •Allowed in all residential and “mixed-use” zones JADUs •Allowed in existing single-family dwellings v v PROCEDURE FOR ADU PERMIT “By right” process o Plan review/building permit only, applying objective standards o Subject to plancheck/permit fees and park impact fees o School, water, and sewer impact fees (non-city fees) o Code-required covenants are recorded via land use restriction: •Size of the approved ADUs/JADUs •ADU is not allowed to be sold separately •ADU is subject to minimum 31 day rental (no short-term rentals) •For ADUs approved on or after January 1, 2025, owner must live onsite •For JADUs, owner must live in the JADU or the primary dwelling unit v v ADU COUNT Number of units on a single lot determines the number of ADUs allowed v v ADU SIZE Form of the proposed ADU determines its allowable size v v SINGLE STORY ADU SETBACKS & HEIGHT 20’ 10’ 4’ 6’ 16’ 4’ v v 2ND FLOOR / TWO-STORY ADU SETBACKS & HEIGHT 40’ 10’ 20’ 6’ 27’ v v OPEN SPACE •State law:ADUs up to 800 SF are exempt from open space requirements •Proposal:If the proposed ADU is more than 800 SF,the lot must meet the 40%open space requirement,consistent with the underlying residential zone 40% Open Space Greater than 800 SF ADU v v DESIGN STANDARDS •Compatible in mass and design with the primary dwelling unit •Entrance of an ADU or JADU to be subordinate to the main residence -e.g. interior or side entrance. •Façade of a garage conversion must have substantial architectural articulation Architectural consistency Subordinate Entry v v The City cannot require additional parking for an ADU: •Located within ½ mile of a transit stop •Located within a historic district •ADU conversions within primary residence •ADUs located on a parking permit-only street •Car share within one block •Conversion of garage, carport or parking structure Required Parking •ADU w/ 1 bedroom or more –1 space •Studio units are exempt PARKING v v PROPOSED FEE RESOLUTION •Staff has included a Fee Resolution to clarify and establish park impact fees specifically for ADUs •State law requires Tiered Impact Fee Maximums •JADUs Park Impact Fees are not defined by the State •ADUs Less than 750 SF: No impact fees •ADUs of 750 SF or more: Proportional impact fees v v PARK IMPACT FEES •JADUs would be subject to a $5,000 park impact fees (same as the park fee applied to apartments). •ADUs would be subject to a park impact fee that is a proportion of the park fees applied to Single Family Dwellings ($13,572) or Multi-Family Dwellings ($13,829), based on ADU size as compared to the size of the primary dwelling unit on the lot •For example, for a 1,200 SF ADU on a lot containing a 2,400 SF single family dwelling, the ADU park impact fee would be: o 1,200 SF / 2,400 SF = 0.5; 0.5 x $13,572 (Single Family Dwelling park fee) = $6,786 PLANNING COMMISSION RECOMMENDATION On September 14, 2020, PC recommended approval of the Ordinance as presented with the following recommendations to City Council: •Consider additional parking exemptions •Consider affordable rents to ADUs •Encourage ADU development to address multi-generational needs and optional income for homeowners •Consider waiving park impact fees for JADUs v v •Given State exemptions, 90% of Costa Mesa’s ADUs are expected to be exempt from parking requirements •Planning Commission suggested City Council consider additional parking exemptions or eliminating parking requirements for ADUs altogether PARKING v v AFFORDABILITY •Planning Commission recommended that the City Council consider including an affordability requirement for ADUs •Costa Mesa has no inclusionary housing policy or other requirement for affordable housing •Staff recommends that (if desired) ADU affordability incentives be included as part of the forthcoming comprehensive discussion of the City’s inclusionary housing policy v v PARK IMPACT FEES Proposed Fee Resolution •Under the proposed Fee Resolution, JADUs would be subject to the existing apartment rate of $5,000 for park impact fees •Planning Commission recommended City Council consider a waiver or reduced park impact fees related to JADUs due to: •500 SF size limitation •Required location within primary residence •Requirement that either the primary dwelling or JADU be owner occupied v v MINOR REVISIONS •After Planning Commission review, staff made minor clarifications to the Ordinance in two areas, shown in underline/strikeout format in the staff report. •As part of the motion this evening, staff also requests the following language be included in the Ordinance and Fee resolution relating to ADU applications in plan check and the maximum park impact fee. v v MINOR REVISIONS •SECTION 14. Processing Existing Applications. For complete applications which involve ADUs and/or JADUs which were in plan-check, or which were included in a complete application, as of the effective date of this ordinance (i.e., city staff issued a building permit number), the portions of the applications that apply to ADUs and JADUs shall continue to be processed (and approved or denied) pursuant to Urgency Ordinance 19-19. All other applications which involve ADUs and/0r JADUs shall be processed pursuant to the requirements of this ordinance. Applicants which opt to rescind any pending application for an ADU or JADU may resubmit the application pursuant to this ordinance; however, any such applicant's processing fees (distinguished from development impact fees) for the original application shall not offset the processing fees for the new application. v v MINOR REVISIONS •Exhibit A to the fee resolution would be revised in the following ways: 1.The date would be corrected to February 2, 2021, rather than January 19, 2021. 2.The second bullet point would be revised to add the following to the end of the second bullet point: "Such fee shall not exceed the full fee for single family dwellings“ •Thus, the new second bullet would provide: ADUs of 750 square feet or more on a lot containing single family dwelling(s): The product of: (full fee for single family dwellings2) x (square footage of the proposed ADU / square footage of primary dwelling) = ADU Park Impact Fee. Such fee shall not exceed the full fee for single family dwellings. v v CONCLUSION The adoption of the proposed ADU Ordinance would: •Encourage high-quality ADUs •Increase housing stock and housing choice •Preserve the visual quality of the City’s neighborhoods while meeting the requirements of State law v v RECOMMENDATION •Find the Ordinance exempt from CEQA; •Introduce the first reading of the Ordinance to repeal the urgency ordinance and adopt a Code Amendment modifying the Municipal Code with respect to ADUs and JADUs; and •Adopt a resolution to amend the City’s fee schedule to include Park and Recreation Impact Fees for ADUs and JADUs. CO-2020-04 ADU Code Amendment & Fee Resolution February 2, 2021 City Council From: Mike Gancar <mikegancar@sbcglobal.net> Sent: Thursday, January 28, 2021 1:43 PM To: CITY CLERK Subject: Code Amendment CO-2020-04 Dear Council Members, We are the parents of an adult, intellectually disadvantaged daughter who lives with us at 253 Flower St, Costa Mesa. Lauren desperately would like, but more importantly needs, to live independently. We share in her hopes and dreams. We also share in her disappointment that current housing for adults like her in Eastside Costa Mesa - which affords needed walkable access to stores, restaurants, entertainment, and transportation - is practically unavailable due to the lack of affordable housing. The State of California recognized this housing crisis and enacted AB 68 which the Costa Mesa City Council implemented in Urgency Ordinance 19-19. Code Amendment CO-2020-04 now before you seeks to replace this Urgency Ordinance with a well thought out ordinance that is consistent with State law while recognizing the need for affordable housing that meets the requirements and character of the City's varied neighborhoods. We appreciate and commend the effort and result of the Planning Department and Planning Commission and strongly urge the City Council to adopt Code Amendment CO-2020-04. Doing so would demonstrate your commitment to much needed affordable housing and fulfill Lauren's - and others like her - dream of living as independently as possible. Respectfully, Virginia & Mike Gancar Costa Mesa, CA 92627 From: Cindy Brahs <cre8ev1 @gmail.com> Sent: Tuesday, February 2, 2021 2:50 PM To: CITY COUNCIL Cc: CITY CLERK Subject: Fwd: Updated Accessory Dwelling Unit handbook Attachments: CM CC 11-17-20.docx As our District representative, I originally emailed Arlis Reynolds regarding my ADU concerns. She just replied asking me to forward it to all of you. Kind Regards, Cindy Brahs Begin forwarded message: From: Cindy Brahs <cre8ev 1 @ gmail.com> Subject: Fwd: Updated Accessory Dwelling Unit handbook Date: January 28, 2021 at 2:18:43 PM PST To: "REYNOLDS, ARLIS" <Arlis.Re nolds@costamesaca.gov> Arlis, Today I received this updated ADU Handbook from the CA Dept of Housing and Community Development. I also just received notice of the City Council meeting with the Notice of First Reading regarding ADU/JADU. Again, I have issues with items in this reading. Attached is a copy of the letter I originally emailed to City Council members prior to the 11-17-20 City Council meeting. My specific concerns are: 1) Requiring a 40' front setback for an ADU built over a garage that requires only a 20' setback - yet allowing a 20' setback for a second story conversion and also allowing a garage to be converted to an ADU thereby encouraging the elimination of garage parking spaces. The city should be encouraging ADUs built over a garage while retaining their parking vs. encouraging the elimination of garage parking spaces. And who wants to look at a 40' long concrete driveway slab? Page 13 of the updated handbook states "A local agency may apply a front yard setback for ADUs, but front yard setbacks cannot preclude a statewide exemption ADU and must not unduly constrain the creation of all types of ADUs" An arbitrary 40' setback for an ADU built over a garage IS clearly an undue constraint. 2) Requiring a 25' window restriction from a neighboring dwelling when built above a garage - yet not requiring this restriction for a second story residence or residential addition. We put transom windows in our ADU on our neighbors side. These transoms provide privacy and also provide necessary light and ventilation for such a small space. This item would be much better addressed within Design Standards/Guidelines. 3) Charging a $5000 JADU impact fee. An impact fee cannot be charge for an ADU under 750 square feet. JADUs do not add ANY additional square footage and are located with the walls of an existing structure. It makes no sense to charge the same amount as apartment construction when a JADU adds zero square feet. Does someone on staff seriously think it was the state's intention to charge a $5000 impact fee for a JADU and $0 for an ADU under 750 square feet? I would recommend that the Draft Public Handout attached to the staff report include a column that shows primary residential structure building standards for comparison purposes. ADUs should not have restrictions that are not required of the primary dwelling or of a residential addition. This item should probably be tabled until the reading coincides with this updated information from HCD. I am happy to discuss this further with you. Our neighbors were all very supportive of our ADU and I would be happy to let anyone walk thru it that has concerns. Happy New Year, Cindy Brahs Begin forwarded message: From: CA Department of Housing & Community Development <communications @ hcd.ca.gov> Subject: Updated Accessory Dwelling Unit handbook Date: January 28, 2021 at 8:48:11 AM PST To: cre8ev 1 @ gmail.com Reply -To: communications@hcd.ca.gov HCDANNOUNCEMENT a� Updated Accessory Dwelling Unit Handbook The California Department of Housing and Community Development (HCD) is pleased to release an updated Accessory Dwelling Unit (ADU). handbook,dated December 2020. The Legislature further updated ADU and junior accessory dwelling units (JADU) law, effective January 1, 2021, to clarify and improve various provisions in order to promote the development of ADUs and JADUs. Updates include: • Allowing ADUs and JADUs to be built concurrently with a single-family dwelling • Opening areas where ADUs can be created to include all zoning districts that allow single-family and multifamily uses • Modifying fees from utilities such as special districts and water corporations • Limiting exemptions or reductions in impact fees • Reducing requirements for parking As additional state laws are passed, we will post updates on the ADU webpage. Questions? Email the HCD ADU team at ADUOhcd.ca.gov. Department of Housing & Community Development 1 2020 W. El Camino Ave., Sacramento, CA 95833 Unsubscribe cre8ev1(d)Qmail.com Update Profile I About our service provider Sent by communications@hcd.ca.gov powered by C Constant Contact 11-17-20 Dear City Council Members, We recently completed construction of our ADU that based on your proposed ordinance would now NOT be approved - and that is cause for concern. Questions: 1. Why would you eliminate the possibility for an ADU to be built over any garage that does not have a 40' driveway setback? And yet allow a garage to be converted to an ADU? Does Costa Mesa really want to eliminate residential parking garages? 2. Why are you proposing a 40' front setback for an attached ADU over a garage while the garage itself only requires a 20' front setback? Shouldn't it be allowed when not exceeding the garage footprint? 3. Why the window restriction of 25' from a neighboring dwelling again, if you are building over a garage? It is paramount for a small ADU to have light and ventilation from all four sides. We built higher transom windows on the neighbors side of our ADU which still allows for privacy. 4. Per the California Department of Housing and Community Development, Junior Accessory Dwelling Units (JADUs) are allowed to be created within the walls of a proposed or existing single-family residence and shall contain no more than Soo square feet. JADUs offer additional housing options. They may share central systems, contain a basic kitchen utilizing small plug-in appliances, may share a bathroom with the primary dwelling, all to reduce development costs. JADUs present no additional stress on utility services or infrastructure because they simply repurpose existing space within the residence and do not expand the dwellings planned occupancy. California does not allow any impact fees for an ADU under 750 square feet. Therefore, since a JADU cannot exceed 500 square feet and is located within the walls of an existing structure, JADUs should also NOT be charged any Impact or Park fees. A little background: Our lot size is over 8000 square feet We are on the Westside. Our primary residence is single -story. Our ADU is 399 square feet over an attached garage. Our ADU height is under 27' We started the process in 2015, pulled the permit in 2019 and received our CFO several months ago. This ordinance does not account for different shape lots; wide and shallow vs. narrow and deep. Our lot is rectangular and is on a corner. Our address, front door and mailbox are on the wide side. However, Residential Development Standards state that by definition the "front" side of a corner lot is considered the narrowest frontage. Therefore our garage and ADU are considered by that definition as facing the "front" and therefore would now require a 40' setback which we simply do not have. To provide open space and compact structures, wouldn't it be prudent to encourage ADUs over the garage? I would hope that you consider carving out an exception for ADUs over garages. Our ADU turned out beautifully and we have had MANY people contact us for information on the process. Please feel free to contact me with any questions you may have. Thank you, Cindy Brahs 2094 National Ave Costa Mesa (949)644-2948 htt s: www.hcd.ca. ov olic -research docs adu-ta-handbook-final. df https://www.hcd.ca.gov/policy-research/accessorvdwellin units.shtml#adu