HomeMy WebLinkAbout36 - PH-2 - Attachment 1 - 1/2/2018ATTACHMENT 1
ORDINANCE1
ORDINANCEAN CITY COUNCILCOSTA MESA,
CALIFORNIA ADOPTING ZONING -17-
1, -AMENDMENT TO TITLE 13, CHAPTERS i, IV,, VI RELATED
TO DEFINITIONS, LAND USE MATRIX, DEVELOPMENT AND
PARKINGLAND USE REQUIREMENTS
RELATEDLLING UNITS IN SINGLE
FAMILYTI I Y ZONING DISTRICTS
WITH SINGLEIT
COUNCILTHE CITY I
SECTION 1:' FINDINGS
The City Council finds as follows:
WHEREAS, this Code Amendment -17-1 to amend Title 13, Chapter 1 would
allow ministerial approval of Accessory Dwelling Units in R1 and R2 -MD Zones where the
property is developed with a single family unit subject to development standards and
specific requirements.
WHEREAS, this ordinance is intended to provide compliance with Senate Bill 1069
and Assembly Bill 2299 effective on January 1; 2017.
WHEREAS, -as required by Senate Bill 2299, under this ordinance accessory
dwelling units will not be considered as exceeding the allowable density for the lot upon
which the accessory dwelling unit is located, and that accessory dwelling units are a
residential use consistent with the existing general pian and zoning designation for the
lot.
SECTIONTitle 13, 'Chapter I, Article 2, Section 13-6
(Definitions), is hereby amended as follows;
Accessory Dwelfihg 'Unit (A SCI). A second dwelling unit established in
conjunction with and subordinate to ` the single family dwelling unit
existing on the property. The ,r accessory dwelling unit may be as studio with no
bedroom or contain a maximum of two bedrooms and be attached to the y 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."
SECTIONTitle 13, Chapter 1V, Section 13- (Citywide Land
Use Matrix), is hereby amended as follows:
2 This use is subject to the requirements of the referenced Municipal Cade article or section.
SECTION 4. CODE AMENDMENT. Title 13, Chapter V, Section 13-31 (Purpose of
Residential Development Standards):
(eProvide for the creation and ministerial consideration of second accessory
dwelling units in the R1 (Single -Family Residential District) and R2 -MD
(Multiple -Family Residential District„ Medium Density) at the allowable general
plan density for the lot.
SECTIONT. Title 13, Chapter V, Article 1, Section 13-35
(Residential vel e t Standards
13-35. - Seoond Accessorydwelling its
Pursuant to Government Code § 65352.2, local governments have the authority to adopt
regulations designed to , promote saGGPA accessory dwelling units. An accessory
dwelling unit which conforms to the requirements of this section shall not be
considered to exceed the allowable density for the Bot upon which it is located and shall
be deemed to be a residential use which is consistent with the general plan designation
and zoning classification for the lot:
The following ,criteria constitute the standards that the city shell use to evaluate a
proposed sesond accessory dwelling units
At all times the accessory dwelling
unit existseitherthe accessory dwelling unit or the single family residence shall be
owner occupied. wither unit shall be rented for any period of 36 days or less. Prior
to the issuance of any building permit for an accessory dwelling unit; a covenant that
meets the approval of the City Attorney shall be recorded on the property to enforce
these requirements. The covenant shall be valid :as long as the seiaogad accessory
dwelling omit exists._
ZONES
P
P
P
1
1
C
R
P
1
L a
2
2
1
CG
R
R
P
1
M
H
3
P
L
1
2
S
P
L
M
H
C
C
11
1
1
1
1
L
1
'1
1
1
T 1
22.2 SeGan4 Accessory
dwelling unit (subject to the
requirements of Chapter V,
p 2m
e
Section 13.35,
p
accessory dwelling units)
2 This use is subject to the requirements of the referenced Municipal Cade article or section.
SECTION 4. CODE AMENDMENT. Title 13, Chapter V, Section 13-31 (Purpose of
Residential Development Standards):
(eProvide for the creation and ministerial consideration of second accessory
dwelling units in the R1 (Single -Family Residential District) and R2 -MD
(Multiple -Family Residential District„ Medium Density) at the allowable general
plan density for the lot.
SECTIONT. Title 13, Chapter V, Article 1, Section 13-35
(Residential vel e t Standards
13-35. - Seoond Accessorydwelling its
Pursuant to Government Code § 65352.2, local governments have the authority to adopt
regulations designed to , promote saGGPA accessory dwelling units. An accessory
dwelling unit which conforms to the requirements of this section shall not be
considered to exceed the allowable density for the Bot upon which it is located and shall
be deemed to be a residential use which is consistent with the general plan designation
and zoning classification for the lot:
The following ,criteria constitute the standards that the city shell use to evaluate a
proposed sesond accessory dwelling units
At all times the accessory dwelling
unit existseitherthe accessory dwelling unit or the single family residence shall be
owner occupied. wither unit shall be rented for any period of 36 days or less. Prior
to the issuance of any building permit for an accessory dwelling unit; a covenant that
meets the approval of the City Attorney shall be recorded on the property to enforce
these requirements. The covenant shall be valid :as long as the seiaogad accessory
dwelling omit exists._
(b) An seGo4;4 accessory dwelling unit shall be limited to a lot in the R1 and -,
zones which contains no more - than one, existing single-family dwelling with a
minimum lot size of , 7,500 square feet in R1 zone. In the R2 -MD zone, the lot
must have been existing as of March 16, 1002, and the lot must be between 5,000
and 7,250 square feet:
c)�� The accessory dwelling unit shall not be intended for sale but may be
rented. Rental terns shall be in excess of 00 days:
(d) The primary dwelling unit shall be a single-family residence.
(e) If detached from the ,. single family residence, the seGGnd
accessory dwelling unit size shall not exceed Ogg square feet for a studio unit or
47200 800 square feet with maximum two bedrooms. For all purposes of this Section,
a horrid office is considered a bedroom.
(f) if attached or incorporated within the °.single family residence;
the seGe444 accessory dwelling unit area of floor space shall no exceed 50 percent
of the proposed or existing primary dwelling living area or 000
square feet.
(g) GtiGn
One parking space shall be
provided for an -accessory adwelling unit unless the accessory dwelling unit is a
maximum 400 square feet studio unit with no bedrooms, in which case, no parking
space is required. Parking for the accessory dwelling unit 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 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 cannot be provided via parallel parking
spaces located at a rear alley setback. No parking shall be permitted within front yard
setbacks and side yard setbacks for corner parcels; Parking for the accessory
dwelling unit is not required in each of the following situations.
1. When the accessory dwelling unit is located within Y2 mile of a public transit;_
2u When the accessory dwelling unit is located within an architecturally and
historically significant historic district;
. When the unit is part of the proposed or existing primary residence or an
accessory structure,
m 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 block of the accessory
dwelling unit. "Car -share vehicle" means part of an established program
intended to stay in a fixed location for at least 10 years and available to the
publico
() For accessory dwelling units that are created within an existing single family
residence, no additional parking is required; however, when a garage is converted to
an accessory dwelling unit or is demolished in conjunction with the construction of an
accessory dwelling unit, a new garage including two open parking spaces must be
provided on the parcel in compliance with provisions applicable to -1 zone.
In conjunction with an - accessory dwelling unit application, the parking
required for the . a . single family residence shall be in compliance
with the current parking requirements as specified in Chapter VI Off -Street Parking
Standards and ,shall not be attributed to the sese444 accessory dwelling unit. The
(h) Except as provided in this subsection (h)' an secaP4 accessory dwelling unit shall
comply with the residential development standards shown in Title 13, Chapter V,
Table 13-32 and shall be subject to all applicable residential design guidelines. If,
however, the proposed accessory dwelling unit is proposed to ,be entirely on the first
story, and entirely within an existing garage, thea no setbacks are required for the
accessory dwelling unit, Further, if any portion of a proposed accessory dwelling unit
will be above an existing garage, those portions above the garage shall not be required
to have a setback which -exceeds five feet from the side and rear lot lines.
Notwithstanding anything in this subsection (h) to the contrary, the structure shall
comply with all applicable requirements of the Building Standards Mode.
(i) An application for a second unit shall be considered ministerial by the Development
Services Director or his/her designee.ceptiom here ,deviations from the
residential development standards are requested, the second unit application is
" subject to the application processing procedures as set forth in Title 13, Chapter Ili
Planning Applications. An appeal shall be in accordance with Title 2, Chapter I
Appeal, Rehearing and Review Procedure.
(j) An application for a second unit involving second story construction may be subject
to minor design review pursuant to Title 13, Chapter III :Planning Applications.
(k) Every accessory dwelling unit (whether attached or detached) must be on a single
story. In addition, a detached accessory dwelling 'unit must not exceed 15 feet in
height, unless it is above an existing garage„ in which case the structure must comply
with the two-story height requirements for the zone.
(l) Each residential parcel may contain only one accessory dwelling unit.
(m) All or part of a legally existing accessory structure can be converted into an ACJ as
long as it meets the following -
1 m The A Id has independent exterior access,
a The rear and side setbacks are deemed sufficient for fire safety as required by
the Building Code.
3. The structure complies with applicable Building Codes for the proposed use.
, The conversion does not involve an addition of floor area to the structure
5m In such cases, the City may not require the applicant to install a new or separate
utility connection or impose a related connection fee or capacity charge~
SECTION 6. CODE AMENDMENT. Title 13, Chapter VI, Section 13-85(Parking
Requirements for Residential Developments)
() Parking for seeQP4 accessory dwelling units. One parking :space shah 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 rust
be in addition to any parking required for the single family residence. Tandem parking
means that two or more automobiles are parked on a driveway or in any other location
on a lot, listed up behind one another
a
Parking for the accessory dwelling unit is not required in each of the following
situations:
1 When the accessory dwelling unit is located within % mile of public transit',
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 stricture;
When on -street -parking permits are required but not offered to the occupant of
the accessory dwelling unit, and,
When there is a car -share vehicle located within one 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 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 rao accessory dwelling unit. The
ENVIRONMENTALSECTION 7: T I I . The project has been reviewed for
compliance with the California Environmental Quality Act (C QA), the CEQA guidelines;
and the City's environmental procedures; and has been found to be exempt pursuant to
CEQA Guidelines Section 15282(h), - which states that "the adoption of an ordinance
regarding second units in a single-family or multifamily zone by a city or county to implement
the provisions of Sections 65852.1 and 55852.2 of the Government Code" relating to
"granny" housing and "second unit ordinances" are exempt from the requirements of CQA.
SECTION: INCONSISTENCIES. 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 or further, is hereby repealed or modified to the extent necessary to
affect the provisions of this ordinance:
SECTION: SEVERABILITY. If any provision or clause of this ordinance or the application
thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by
any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses
or applications of this ordinance which can be implemented without the invalid provision,
clause or application! and to this end, the provisions of this ordinance are declared to be
severable.
SECTIONI 1 . This Ordinance shall take effect and be in full force thirty (30)
days from and after the passage thereof, and prior to the expiration of fifteen (15) days from
its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper
f 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
f the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior
to the date of adoption of this Ordinance, and within fifteen (15) days 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 and member of
the City Council voting for and against the same.
PASSED AND ADOPTED this _-f .
Mayor of the City of Costa Mesa
ATTEST: APPROVED AS TO FORK
City Clerk of the City of Costa Mesa City Attorney
-21-
STATE OF CALIFORNIA)
)ss
COUNTYOF ORANGE
I- ------------, City Clerk and ex -officio Clerk of the City Council of the City of
Costa Mesa, hereby certify that the above foregoing Ordinance No. 18 - 18 -XX as introduced
and considered section by section at a regular meeting of said City Council held on the
day of , 2018, and thereafter passed and adopted as a whole at the regular
meeting of said City Council held on the day of , 2018, by the following'
roll call vote-
AYES.
ote:A S:
NOES:
ABSENT:
1N WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this day of , 2018.
City Clerk
City Council of the City of Costa Mesa
-22-