HomeMy WebLinkAbout91-09 Regarding Granny Units and Accessory ApartmentsORDINANCE NO. 91-q
AN
ORDINANCE OF
THE CITY COUNCIL OF
THE CITY
OF
COSTA MESA,
CALIFORNIA, AMENDING
TITLE 13
OF
THE COSTA MESA MUNICIPAL CODE
REGARDING
GRANNY UNITS AND
ACCESSORY APARTMENTS.
The City Council of the City of Costa Mesa does hereby ordain as
follows:
SECTION 1: The City Council of the City of Costa Mesa finds
and declares as follows:
WHEREAS, the California State Legislature passed Assembly Bill
No. 3529 which became effective January 1, 1991. Assembly Bill No.
3529 increased the allowable size for second units. Specifically
detached second units may now be up to 1,200 square feet in area;
WHEREAS, this increase in allowable size necessitates that the
City revise the Municipal Code which references the previous size
limits;
WHEREAS, this increase in allowable size also makes accessory
apartments a more viable addition to single-family lots and if
allowed without restriction could result in the proposed
infrastructure being inadequate;
WHEREAS, the development of granny flat units and accessory
apartment units pursuant to California Government Code Sections
65852.1 and 65852.2 in single-family and multi -family residential
zones may cause adverse impacts on the public health, safety, and
welfare, such as, the units will increase residential densities
inconsistent with the City of Costa Mesa General Plan's land use
designation; the units may impose significant adverse impacts on
the public infrastructure and facilities; and the units may
irreparably injure the single-family residential character of
existing residential neighborhoods in the City of Costa Mesa;
WHEREAS, accessory apartments may impose significant adverse
impacts on local roadways in residential areas where the City
Council has previously received complaints of excess traffic;
WHEREAS, accessory apartments may impose significant adverse
impacts on local sewer systems that have been designed to handle
sewage from single-family neighborhoods.
WHEREAS, therefore, it is necessary to limit which lots in the
City can support accessory apartments;
WHEREAS, due to limited income of seniors and the lesser
anticipated impact of seniors, the lot size limitation need not be
extended to granny units;
WHEREAS, granny units do not need such limits since they are
self-limiting due to the occupancy limits (age and maximum number
of occupants) associated with them.
WHEREAS, given the appropriate limits on granny units and
accessory apartments, it would be reasonable to review such second
units at the Staff level through the Development Review process;
ACCORDINGLY, the City Council of the City of Costa Mesa hereby
amends Title 13 of the Costa Mesa Municipal Code as hereinafter set
forth:
SECTION 2.
Subsection B of Section 13-126 of the Costa Mesa
Municipal Code is hereby amended by adding paragraphs 6 and 7 to
read as follows:
"6. Granny units that meet the criteria set forth
in Section 13-132.
7. Accessory apartments that meet the criteria
set forth in Section 13-131.1-
SECTION
3-131."
SECTION 3.
Section 13-126 of the Costa Mesa Municipal Code is hereby
amended by deleting C.9 and C.10.
SECTION 4.
Section 13-131 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Section 13-131. Accessory apartments.
Accessory apartments shall be submitted to the
Planning Division for Development Review per
Section 13-145 of the Costa Mesa Municipal code.
Accessory apartments shall meet the criteria
specified in Section 65852.2 of the California
Government Code and the following criteria:
(a) One (1) dwelling unit on the property shall be
owner -occupied. A "Notice and Declaration of
Land Use Restriction" to this effect shall be
signed and recorded prior to issuance of
building permits for the accessory apartments.
(b) Accessory apartments shall be limited to those
lots large enough to support two (2) units
without exceeding the General Plan density of
units per acre for the lots on which they are
to be located.
(c) Parking shall be provided as required
elsewhere in this title.
(d) Accessory apartments shall comply with main
structure setbacks and shall be a minimum of
ten (10) feet from any main structure and a
minimum of six (6) feet from any accessory
building.
SECTION 5.
Article 7 of Title 13 of the Costa Mesa Municipal Code is
hereby amended by adding Section 13.132 to read as
follows:
"Section 13-132. Granny units.
Granny units shall be submitted to the
Planning Division for Development Review per
Section 13-145. Granny units shall meet the
criteria specified in Section 65852.1 of the
California Government Code and the following
criteria:
(a) A "notice and declaration of land use
restriction" outlining the occupancy
limits for the granny units per Section
65852.1 of the California Government Code
shall be signed and recorded prior to
issuance of building permits for the
granny unit.
(b) Parking shall be provided as required
elsewhere in this Title."
The City Council finds and declares that this Ordinance is
required for the immediate protection of the public peace, health
and safety for the following reasons:
The Ordinance will assure that accessory apartments of up
to 1,200 square feet in area will be limited to lots of
sufficient size such that the General Plan density will
not be exceeded in a manner that could cause the proposed
infrastructure to be inadequate. Therefore, this
Ordinance shall be effective upon publication.
The Ordinance shall apply to all accessory apartments
which will not have received written planning approval by
the Zoning Administrator by the end of the business day
of April 16, 1991.
SECTION 7. Publication
This Ordinance shall take effect and be in full force upon
publication and immediately upon its passage shall be published once
in the ORANGE COAST DAILY PILOT, a newspaper of general
circulation, printed and published in the City of Costa Mesa or, in
the alternative, the City Clerk may cause to be published a summary
of this Ordinance and a certified copy of the text of this
Ordinance shall be posed in the office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance, and
immediately after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office
of the City Clerk a certified copy of this Ordinance together with
the names of the members of the City Council voting for and against
the same.
PASSED AND ADOPTED this /5� day of , 199/.
ATTEST:
City Cler] of the City of Mayor oV the City of Costa Mesa
Costa MesAJ
APPROVED AS TO FORM:
City Attorney
(MAMYACC.MD) 01
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. 91-9 was introduced and
considered section by section at a regular meeting of said City
Council held on the 15th day of April , 1991, and
thereafter passed and adopted as a whole at a regular meeting of
said Council held on the 15th day of April 19_21, by
the following roll call vote:
AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgw
NOES:
COUNCIL
MEMBERS:
None
ABSENT:
COUNCIL
MEMBERS:
Humphrey
IN WITNESS WHEREOF, I have hereby set my hand and affixed the
Seal of the City of Costa Mesa this 16th day of April ,
1991.
City Clerk and ex -officio C1 rk
of the City Council of the City
of Costa Mesa
BY;
Deputy Cit Clerk