HomeMy WebLinkAboutORD 03(2017)1. 1 1 t l 1 •: : 1 I �'.
REGULATIONOF TITLES 21 AND 22 OF THE DIAMOND BAR
MUNICIPAL CODE PERTAINING TO THE
OF •
WHEREAS, on March 14, 2017, the Planning Commission held a duly noticed
public hearing regarding proposed amendments to the Development Code pertaining to
accessory dwelling units, Planning Case No. PL 2016-198, and adopted Resolution No.
2017-06 recommending City Council approval of said Development Code Amendments;
and
REAS, on April 18, 2017, the City Council held a duly noticed public hearing
regarding the proposed Municipal Code Amendment; and
WHEREAS, the City Council finds that this Ordinance is not subject to the
California Environmental Quality Act ("CEQA") because the proposed Municipal Code
Amendment implements Section 65852.2 of the Government Code, and pursuant to
Section 21080.17 of the California Public Resources Code, CEQA does not apply to the
adoption of an ordinance by a city or county to implement the provisions of Section
65852.2 of the Government Code; it can be seen with certainty that the proposed
Municipal Code Amendment will not result in a direct or reasonably foreseeable indirect
physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines); this
Ordinance is covered by the general rule that CEQA applies only to projects that have the
potential for causing a significant effect on the environment (Section 15061(b)(3) of the
CEQA Guidelines) and does not apply to organizational or administrative activities of
governments that will not result in direct or indirect physical changes in the environment
(Section 15378(b)(5) of the CEQA Guidelines); and the proposed Municipal Code
Amendments pertain to the regulation of activities that are themselves categorically
exempt from CEQA pursuant to Sections 15301 (alterations of existing facilities, including
additions) and 15303 (new construction of small structures, including second units) of the
CEQA Guidelines; and
WHEREAS, the City Council hereby adopts the facts and reasons stated in
Planning Commission Resolution No. 2017-06, a copy of which is on file with the City
Clerk and which is incorporated herein by reference with the same force and effect as if
set forth in full.
NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains
as follows:
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SECTION 1: Subsection (11) of Section 21.03.030 (Exemptions from
subdivision approval requirements) of Title 21, Chapter 21.03 of the Diamond Bar
Municipal Code is amended as follows:
(11) Residential financing or leases. The financing or leasing of: Apartments, or
similar spaces within apartment buildings, mobile home parks or trailer parks; or
accessory dwelling units in compliance with Government Code §§ 65852.1 or 65852.2,
respectively.
SECTION 2: Table 2-3 of Section 22.08.030 (Residential zoning district
land uses and permit requirements) of Title 22, Chapter 22.08 of the Diamond Bar
Municipal Code is amended as follows:
TABLE 2-3
ALLOWED USES AND PERMIT REQUIREMENTS FOR
RESIDENTIAL ZONING DISTRICTS
SECTION 3: Section 22.16.140 (Second Kitchen) of Title 22, Chapter
22.42 of the Diamond Bar Municipal Code is amended as follows:
Second kitchens shall be permitted within the rural residential (RR) zone in
single-family residences that are a minimum of 6,000 square feet in floor area. A second
kitchen shall not constitute approval of an accessory dwelling unit and such kitchen shall
not be so located as to facilitate the establishment of the accessory dwelling unit
including a servant's quarters.
SECTION 4: Subsection (2)(a) of Section 22.42.060 (Guest Houses) of
Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended as follows:
a. Number. A guest house shall not be permitted on any parcel for which an
accessory dwelling unit has been permitted.
SECTION 5: Table 3-15 of Section 22.42.110 (Residential accessory uses
and structures) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is
amended as follows:
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Permit Requirements by District
See
Land Use (1)
RR
RL
RLM
RM
RMH
RH
RH-30
Standards in
Section:
Accessory
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22.42.110
Accessory dwelling units
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SECTION 3: Section 22.16.140 (Second Kitchen) of Title 22, Chapter
22.42 of the Diamond Bar Municipal Code is amended as follows:
Second kitchens shall be permitted within the rural residential (RR) zone in
single-family residences that are a minimum of 6,000 square feet in floor area. A second
kitchen shall not constitute approval of an accessory dwelling unit and such kitchen shall
not be so located as to facilitate the establishment of the accessory dwelling unit
including a servant's quarters.
SECTION 4: Subsection (2)(a) of Section 22.42.060 (Guest Houses) of
Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended as follows:
a. Number. A guest house shall not be permitted on any parcel for which an
accessory dwelling unit has been permitted.
SECTION 5: Table 3-15 of Section 22.42.110 (Residential accessory uses
and structures) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is
amended as follows:
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TABLE 3-15
REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES
Single -Family Detached Homes
Accessory Structure
Type of 7
Setback
Required Setbackz
Sides, rear
If less than 220 square feet, 5 feet from property
Detached patio cover,
line or buildable pad line. If 220 square feet or
gazebo, greenhouse,
larger, setbacks shall be the same as required
storage shed
for main structure
Street side
As required for main structure
SECTION 6: Section 22.42.120 (Second Units) of Title 22, Chapter 22.42
of the Diamond Bar Municipal Code is amended as follows:
Sec. 22.42.120. - Accessory dwelling units.
The purpose of this section is to implement state law regarding the permitting and
development of accessory dwelling units so as not to unreasonably restrict the creation
of accessory dwelling units in designated residential zones, while ensuring that new
accessory dwelling units are compatible with the neighborhoods in which they are located,
do not unreasonably impact utilities, parks, open spaces and other community facilities,
and do not downgrade the living environment in the city. This section provides standards
for the establishment of accessory dwelling units.
(1) [Designated zoning districts.] Accessory dwelling units shall be allowed in the
zoning districts specified in section 22.08.030 (residential district land uses and
permit requirements) subject to the approval of the director as provided in this
section.
(2) Number of units allowed. Only one accessory dwelling unit shall be allowed on a
legal residential parcel. A residential parcel shall not be allowed to have both an
accessory dwelling unit and a guest house.
(3) Site requirements. The parcel proposed for an accessory dwelling unit shall
comply with all the following requirements:
a. The parcel shall have a minimum area of 10,000 gross square feet and a
minimum buildable pad area of 8,000 square feet, a minimum width of 50 feet
and a minimum depth of 100 feet; and
b. The parcel shall be zoned for single-family or multi -family use and shall be
developed with not more than one single-family primary residence. The
owner of the parcel must live in the primary residence or the accessory
dwelling unit, and shall demonstrate such occupancy to the satisfaction of the
city prior to issuance of permits. If, at any time, the owner ceases to occupy
either the primary residence or the accessory dwelling unit, the accessory
dwelling unit shall automatically become a non -habitable space, shall not be
used as a dwelling, and shall not be rented.
c. Exception. Accessory dwelling units that meet all of the following criteria shall
be permitted in all single-family residential zones, regardless of lot size:
i. The accessory dwelling unit is contained within a legally constructed
existing space of a single-family residence or accessory structure
(including a garage);
ii. There is independent exterior access from the existing residence;
iii. The side and rear setbacks are sufficient for fire safety;
iv. All applicable building and safety codes are met; and
V. Only one accessory dwelling unit will exist on the parcel.
(4) Location of accessory dwelling unit. An accessory dwelling unit may be within,
attached to, or detached from the existing primary residence. If detached, the
accessory dwelling unit shall be located within the rear portion of the subject
parcel and shall be separated from the existing primary residence a minimum of
ten feet. If attached to or within the primary residence, a separated entrance shall
be provided and said entrance shall not be located on the front of the primary
residential structure or facing the street on which the primary residence fronts.
(5) If the accessory dwelling unit is detached, the total floor area of the structure shall
not exceed the allowable floor area of an accessory dwelling unit.
(6) The following standards apply to all attached or detached accessory dwelling
units, except for accessory dwelling units meeting the requirements of subsection
22.42.120(3)(c):
a. The increased floor area of an accessory dwelling unit shall not exceed 600
gross square feet in floor area or 50 percent of the living area of the primary
residence, whichever is less, if located on a parcel that is between 10,000
and 20,000 gross square feet with a minimum buildable pad area of 8,000
square feet and has a minimum width of 50 feet and a minimum depth of 100
feet;
b. The increased floor area of an accessory dwelling unit shall not exceed 1,200
square feet in gross floor area or 50 percent of the living area of the primary
residence, whichever is less, if located on a parcel that is over 20,000 gross
square feet with a minimum 10,000 square feet buildable pad area;
c. An accessory dwelling unit shall match the architectural style and design
features of the primary residence, such as but not limited to:
i. Exterior finishes: Materials, colors, surface treatments and details;
ii. Roofing: Type, pitch and materials;
iii. Scale and form; and
iv. Windows: Type, forms, and dimensional ratios.
d. An accessory dwelling unit shall utilize the same setback requirements as the
primary residence; not exceed one story or 15 feet in height as measured
from the finished grade to highest area of the roofline; not exceed the
maximum lot coverage permitted in the zone where the subject lot is located;
and the design of the accessory dwelling unit shall not change the character
of the surrounding residential neighborhood;
e. An accessory dwelling unit shall contain separate kitchen and bathroom
facilities and have a separate entrance from the primary residence;
f. An accessory dwelling unit shall contain no more than two bedrooms;
g. An efficiency unit must have a minimum floor area of 220 square feet and
shall comply with building requirements pursuant to the California Building
Code 1208.4 and California Residential Code R304.5;
h. No passageway is required in conjunction with the construction of an
accessory dwelling unit. `Passageway" means a pathway that is
unobstructed clear to the sky and extends from a street to one entrance of
the accessory dwelling unit;
i. No setback shall be required for an existing garage that is converted to an
accessory dwelling unit;
j. The accessory dwelling unit shall comply with all applicable building code
requirements that apply to detached dwellings; and
k. Fire sprinklers shall not be required for such an accessory dwelling unit if they
are not required for the primary residence.
(7) Parking.
a. One off-street parking space shall be provided for the accessory dwelling unit, in
addition to the required and existing parking provided for the primary residence.
Said parking space shall be accessible from the existing driveway approach and
may be provided as tandem parking on the existing driveway or in setback areas.
An existing driveway may be widened to accommodate the one off-street parking
space pursuant to section 22.30.080.
b. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit, and those off-
street parking spaces are required to be replaced pursuant to Chapter 22.30, the
replacement spaces may be located in any configuration on the same lot as the
accessory dwelling unit, including, but not limited to, as covered spaces,
uncovered spaces, tandem spaces, or by the use of mechanical automobile
parking lifts.
c. Exceptions. Additional parking for an accessory dwelling unit shall not be
required if the following conditions apply:
i. The accessory dwelling unit is located within one-half mile of a permanent
transit stop, including, but not limited to, a park and ride facility or bus stop
regularly operating with a headway of fifteen minutes or less.
ii. The accessory dwelling unit is located within an architecturally and
historically significant historic district.
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iii. The accessory dwelling unit is part of the existing primary residence or an
existing accessory structure.
iv. When on -street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
V. When there is a designated car share vehicle parking space located within
one block of the accessory dwelling unit.
(8) Rental of accessory dwelling units. An accessory dwelling unit may be rented,
although rental is not required. Any rental term of an accessory dwelling unit that
is legally created on or after June 1, 2017 shall be longer than 30 days.
(9) Sale orsubdivision of an accessory dwelling unit. An accessory dwelling unit shall
not be sold or owned separately from the primary residence, and the parcel shall
not be subdivided in any manner that would authorize such separate sale or
ownership.
(10)Utilities. Utilities serving the accessory dwelling unit (e.g., electricity, gas, sewer,
and water) shall be common to and dependent on the primary residence. The
accessory dwelling unit shall not be provided with separate metered utilities,
unless otherwise required by applicable building, fire or electrical code provisions.
Furthermore and prior to the issuance of any city permits, the property owner
shall submit written certification from the affected water and sewer district that
adequate water and sewer facilities are or will be available to serve the proposed
accessory dwelling unit. For units using septic facilities allowed by the California
Regional Water Quality Control Board and the city, written certification of
acceptability and approval by the local health officer shall be submitted.
Accessory dwelling units shall not be considered new residential uses for the
purposes of calculating connection fees or capacity charges for utilities, including
water and sewer service.
(11) Ministerial approval. The director shall approve an application for an accessory
dwelling unit if a complete application is submitted that demonstrates that the
accessory dwelling unit complies with the requirements contained in this section.
The application shall be considered ministerially without discretionary review or
a hearing within 120 days after receiving the application.
(12) Recorded covenant. Prior to the issuance of a building permit for an accessory
dwelling unit, the property owner(s) shall record a covenant agreement,
declaration of restrictions, or similar document, in a form acceptable to the
director and the City Attorney, that runs with the land and is binding on future
owners, and which contains restrictions conforming to this section regarding
owner -occupancy, separate sale or subdivision, short-term rental, and the size
and attributes of the accessory dwelling unit.
SECTION 7: Subsection (b) of Section 22.68.030 (Restrictions on
nonconforming structures) of Title 22, Chapter 22.68 of the Diamond Bar Municipal Code
is amended as follows:
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(b) Changes to, or expansion of, a structure. The addition, enlargement, extension,
reconstruction, relocation or structural alteration of a nonconforming structure,
may be allowed with minor conditional use permit approval, in compliance with
chapter 22.56, (Minor Conditional Use Permits). The hearing officer may approve
a minor conditional use permit only if the following findings can be made, in
addition to those contained in section 22.56.040 (Findings and decision).
In the case of residential dwelling units with nonconforming setbacks or distance
separations to dwelling units on adjoining parcels, a minor conditional use permit
shall not be required if the proposed change or expansion meets the following
criteria:
(1) The addition or improvement conforms to all other applicable provisions of
this Development Code; and
(2) An addition to the first floor (i.e., the floor level closest in elevation to the
adjacent street grade) or lower levels may have the same setbacks as the
adjoining portion of the existing structure; however, if the existing adjoining
setback is less than five feet, the exterior limits of new construction shall
maintain a minimum five-foot setback.
SECTION 8: Section 22.80.020 (Definitions of specialized terms and
phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as
follows to add a new definition for "accessory dwelling unit" as well as for an "efficiency
unit' and to delete the definition of "granny flat," "secondary residential units" and "second
unit':
(a) Definitions, "A." The following definitions are in alphabetical order:
Accessory dwelling unit. An attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family dwelling is situated. An accessory dwelling unit also includes
an "efficiency unit' as defined in California Health and Safety Code Section 17958.1 and
a "manufactured home" as defined in California Health and Safety Code Section 18007."
(e) Definitions, "E." The following definitions are in alphabetical order:
Efficiency unit. A unit for residential occupancy by no more than two persons, by
statute (Health and Safety Code Section 17958.1), with a minimum floor area of 220
square feet with a partial kitchen and bathroom facilities.
SECTION 9: If any section, subdivision, paragraph, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
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Council hereby declares that it would have passed this Ordinance, and each section,
subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that
any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been
declared invalid or unconstitutional.
SECTION 10: The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause a certified copy of this Ordinance to be posted within
fifteen (15) days after this Ordinance is passed and adopted, in the Office of the City
Clerk and two additional public places, together with the vote for and against the same.
ADOPTED this 2nd day of May, 2017.
9/ a
Jimmy Lin, Mayor
ATTEST: R D AS TO FORM:
r
Tommye Cribbins, City Clerk D vid e C ty ttorne
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 2nd day of May, 2017, and was duly passed and adopted the same
day, by the following vote, to wit:
AYES: Council Member: Herrera, Lyons, Tye, MPT/Low,
M/Lin
NOES: Council Member: None
ABSTAIN: Council Member: None
ABSENT: Council Member: None
tt i
ATTEST:
Tom ye Cribbins, City Clerk
City of Diamond Bar