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HomeMy WebLinkAboutORD 01 (2021)ORDINANCE NO. 01 (2021) AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING SECTIONS 22.08,040 (RESIDENTIAL ZONING DISTRICT GENERAL DEVELOPMENT STANDARDS), 22.42.110 (RESIDENTIAL ACCESSORY USES AND STRUCTURES), AND 22.42.120 (ACCESSORY DWELLING UNITS) OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ENACT UPDATED REGULATIONS PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN ACCORDANCE WITH STATE LAW. WHEREAS, the California Legislature has long recognized accessory dwelling units ("ADUs") as a valuable affordable housing option for single-family neighborhoods, and Government Code Sections 65852.150-65852.2 place certain limitations on the authority of local governments to regulate ADUs; and WHEREAS, on January 1, 2017, SB 1069 and AB 2299 took effect, amending Government Code Sections 65852.150 and 65852.2, and enacting the most significant changes to the ADU statutes since 2003. In May 2018, the City amended its Development Code to ensure continued consistency with State law, and to enable the City to regulate ADUs to the extent allowable pursuant to the amended State law; and WHEREAS, in 2020 and 2021, SB 13, AB 881, AB 68(1), AB 587, AB 670, AB 671 and AB 3182 took effect, amending Government Code Sections 65852.2 and 65852.22, 35852.26 and 65583(c)(7); Civil Code Sections 4740 and 4741; and Health and Safety Code Section 17980.12. These new laws further reduce regulatory barriers and streamline approval processes to facilitate the development of ADUs, and further limit the authority of local agencies to regulate ADUs; and WHEREAS, to retain local control over the limited scope of land use standards that the latest round of ADU legislation allows public agencies to regulate, the City must amend the Development Code to be consistent with the new State laws; and WHEREAS, on June 8, 2021, the Planning Commission held a duly noticed public hearing regarding proposed amendments to the Development Code pertaining to accessory dwelling units and junior accessory dwelling units, Planning Case No. PL2020- 61, and adopted Resolution No. 2021-07 recommending City Council approval of said Development Code Amendments; and WHEREAS, on July 6, 2021, the City Council held a duly noticed public hearing regarding the proposed Municipal Code Amendment; and WHEREAS, the City Council finds that California Environmental Quality Act ("CEQA") this Ordinance is not subject to the 1 Ordinance No. 01 (2021) county to implement the provisions of Section 65852.2 of the Government Code) and CEQA Guidelines Section 15061(b)(3) (it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment) and because the proposed Development Code Amendments pertain to the regulation of activities that are themselves categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the CEQA Guidelines; and WHEREAS, the City Council hereby adopts the facts and reasons stated in Planning Commission Resolution No. 2021-07, 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: Section 1. Section 22.08.040 (Residential zoning district general development standards) of Title 22, Chapter 22.08 of the Diamond Bar Municipal Code is hereby amended to revise Table 24 to add a reference pertaining to accessory dwelling units within the row entitled "Setbacks required" as follows (additions shown in )old/underline): TABLE 2-4 RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Re uirement b Zonin District Development RR RL RLM RM RMH RH RH-30 Feature Setbacks Minimum setbacks Minimum setbacks required for required required for structures. See section 22.16.090 for setback measurement, structures. See section 22.16.090 for setback measurement, allowed allowed projections into projections into setbacks, and setbacks, and exceptions exceptions to setbacks. See to setbacks. See section section 22,42,120 for 22.22.080(b)(6) for setback measurement in hillside minimum setbacks required for accessory dwelling units. areas. See section 22.42.120 for minimum setbacks required for accessory dwelling units. 2 Ordinance No. 01 (2021) Section 2. 220426110 (Residential accessory uses and structures) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is hereby amended to add a reference to accessory dwelling units and junior accessory dwelling units as follows (additions shown in bold/underline): Sec. 22.42.110. —Residential accessory uses and structures. This section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel (see section 22.08,030, Residential zone land uses and permit requirements). Residential accessory uses include any use that is customarily related to a residence, including, but not limited to, garages, greenhouses, storage sheds, studios, swimming pools/spas and workshops. The standards applicable to accessory dwelling units and junior accessory dwelling units are set forth in Section 22.42.120. Section 3. Section 22.42.120 (Accessory dwelling units) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is repealed in its entirety and replaced with new Section 22.42.120 to read as follows: Sec. 22.42.120. -Accessory dwelling units and junior accessory dwelling units. The purpose of this section is to provide for the creation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with state law, in order to provide for additional housing opportunities for development of low- and moderate -income housing for the community in keeping with the Housing Element of the Diamond Bar General Plan. (1) Applicability. Except as otherwise provided by state law, the standards and limitations set forth in this section apply to the development of new ADUs and JADUs in the City. (2) Interpretation. The provisions of this section shall be interpreted to be consistent with the provisions of Government Code sections 65852.2 and 65855.22 and shall be applied in a manner that is consistent with state law. (3) Effect of Conforming. Consistent with state law, an ADU that conforms to the provisions of this section (a) shall be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located; (b) shall be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which 3 Ordinance No. 01 (2021) it is located; and (c) shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (4) Definitions. As used in this section, the following terms shall have the following meanings: a. The terms "accessory dwelling unit", "accessory structure", "efficiency unit", "living area", "nonconforming zoning condition "passageway", "proposed dwelling "public transit and "tandem parking" all have the same meaning as that stated in Government Code section 65852.2 as that section may be amended from time to time. The terms "accessory dwelling unit" and "ADU" shall have the same meaning. b. The term "junior accessory dwelling unit" shall have same meaning as that stated in Government Code section 65852.22(h)(1) as that section may be amended from time to time. The terms "junior accessory dwelling unit" and "JADU" shall have the same meaning. c. The term "attached ADU" means an ADU, other than a converted ADU, that is physically attached to a primary dwelling structure. d. The term "detached ADU" means an ADU, other than a converted ADU, that is physically separated from, but located on the same lot as, a primary dwelling structure. e. The term "converted ADU" means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within all or a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, storage areas, or similar uses. A converted ADU also includes an ADU that is constructed in the same location and to the same dimensions as a permitted existing structure or portion of a permitted existing structure. (5) Areas Allowed. a. ADUs. ADUs conforming to the provisions in this section may be located on any lot in the city that is zoned to allow single- family or multifamily residential uses and that includes a proposed or existing legally developed single-family dwelling, duplex, or multifamily dwelling. 0 Ordinance No. 01 (2021) b. JADU. JADUs conforming to the provisions in this section may be located within a proposed or existing legally developed single-family dwelling on any lot in the city that is zoned to allow single-family residential uses. (6) Number Allowed. a. Single -Family Lots. No more than one ADU or JADU shall be allowed on a lot developed or proposed to be developed with a single-family dwelling; provided, however, that a single-family lot may have both one JADU and either (i) one ADU located within the proposed space of a single-family dwelling or within the existing space of a single-family dwelling or accessory structure, or (ii) one detached, new construction, ADU not exceeding 800 square feet in total floor area. b. Multifamily Lots. Multifamily lots may have either up to two detached ADUs or multiple converted ADUs as follows: i. No more than a total of two (2) detached ADUs may be constructed on a lot developed or proposed to be developed with one or more multifamily dwelling structures. ii. On lots with no detached ADUs, one (1) or more converted ADUs may be constructed within portions of existing multifamily dwelling structures that are not used as livable space. No converted ADUs may be constructed within the existing livable space of a multifamily structure. The number of ADUs permitted under this subsection shall not exceed twenty-five (25) percent of the existing multifamily dwelling units on the lot. For the purpose of calculating the number of allowable accessory dwelling units: (a) previously approved ADUs shall not count towards the existing number of multifamily dwelling units; and (b) fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) converted ADU shall be allowed. Detached ADUs may not be combined on the same multifamily lot with converted ADUs. (7) ADU Standards and Criteria. a. Development Standards. Except as modified by this subsection or as otherwise provided by state law, an ADU shall conform to the height, setback, landscaping, lot 5 Ordinance No. 01 (2021) coverage, and other development standards applicable to the lot on which it is located, as set forth in the Development Code and/or in an applicable specific plan or planned development ordinance or resolution. Notwithstanding the foregoing, when the application of a development standard related to floor area ratio, lot coverage, open -space, or minimum lot size would prohibit the construction of an attached or detached ADU of at least 800 square feet, such standard shall be waived to the extent necessary to allow construction of an ADU of up to 800 square feet. b. Orientation to Primary Dwelling Structure. Except as otherwise provided by state law, or where development of a detached ADU on a single-family lot would otherwise be infeasible, a new detached ADU shall be located no closer to the street fronting the primary dwelling structure than the primary dwelling structure itself. c. Access. An attached or converted ADU shall maintain independent exterior access from the proposed or existing primary dwelling structure. Such access shall not be located on the front of the primary dwelling structure or face the street on which the primary dwelling fronts. d. Passageway. No passageway shall be required in conjunction with the construction of an ADU. e. Setbacks. Side and Rear Yard Setbacks. Minimum setbacks of no less than four (4) feet from the side and rear lot lines are required for new attached and detached ADUs. ii. Converted ADUs. No setbacks are required for converted ADUs, provided the side and rear setbacks of the existing converted structure are sufficient for fire and safety, as dictated by current applicable uniform building and fire codes. f. Building Separation. A minimum separation of six (6) feet is required between a detached ADU and the primary dwelling unit. 0 Ordinance No. 01 (2021) ii. A minimum separation of six (6) feet is required between an attached or detached ADU and all other freestanding accessory structures, including freestanding garages, on the property. Building separation requirements do not apply to converted ADUs that do not include an expansion of floor area of the existing structure. g. Minimum ADU Size. An ADU shall have a minimum floor area of at least 220 square feet. h. Maximum ADU Size. i. Attached ADUs: The total floor area of an attached ADU shall not exceed the following: 1. Studio or one bedroom: 850 square feet or fifty percent (50%) of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,600 square feet, an attached ADU may have a total floor area of up to 800 square feet. 2. Two or more bedrooms: 1,000 square feet or fifty percent (509/o) of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,600 square feet, an attached ADU may have a total floor area of up to 800 square feet. Detached ADUs: The total floor area of a detached ADU shall not exceed the following: 1. Studio or one bedroom: 850 square feet. 2. Two or more bedrooms: 1,000 square feet. 3. Notwithstanding the foregoing, where a detached ADU and a JADU are combined on the same lot, the total floor area of the detached ADU shall not exceed 800 square feet. Ifl Ordinance No. 01 (2021) Converted ADUs: The maximum size limitations set forth in this subsection do not apply to converted ADUs that do not increase the existing floor area of a structure. In addition, a converted ADU created within an existing accessory structure may include an expansion of not more than 150 square feet beyond the physical dimensions as the existing accessory structure to the extent necessary to accommodate ingress and egress. iv. Patios and Porches. An attached or detached ADU may include an attached covered patio and/or porch, which, if provided, shall be integrated into the design of the ADU and shall not exceed 60 square feet in size. Such a patio or porch shall not be considered in calculating the floor area of the ADU for purposes of the above maximum unit size limitations. Height. New attached and detached ADUs shall be one story, constructed at ground level, and shall not exceed sixteen (16) feet in height as measured from the finished grade to the highest area of the roofline. ii. Converted ADUs are not subject to a height limitation. Exterior Design. An ADU shall match the architectural style and design features of the primary residential structure, including, but not limited to: Exterior finishes: Materials, colors, surface treatments and details; Roofing: Type, pitch and materials; Proportion and form; and iv. Windows: Type, forms, and dimensional ratios. k. Recreational Vehicles. Neither the primary residence nor the proposed ADU shall be a recreational vehicle. Off -Street Parking. Ordinance No. 01 (2021) One additional off-street parking space must be provided for a new attached or detached ADU. This parking space shall be accessible from the existing driveway approach, and may be provided in setback areas or as tandem parking on a driveway, unless specific findings are made by the director that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety concerns. An existing driveway may be widened to accommodate the one off-street parking space pursuant to section 22.30,080. ii. Notwithstanding the foregoing, an additional off-street parking space is not required to be provided in the following instances: 1. If the ADU is located within one-half mile walking distance of public transit. 2. If the ADU is located within a historic district. 3. If the ADU is part of the proposed or existing primary residence or an accessory structure; 4. When on -street parking permits are required but not offered to the occupant of the ADU. 5. When there is a car share vehicle located within one block of the ADU. 6. If the ADU is a detached ADU that has a total floor area of 800 square feet or less. 7. If the ADU is located on a lot developed or proposed to be developed with one or more multifamily dwelling structures. The parking space required for a new attached or detached ADU is in addition to the parking spaces required for the primary dwelling. However, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. 0 Ordinance No. 01 (2021) m. Utility Service. Utilities serving an ADU (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the primary residence. An ADU shall not be provided with separate metered utilities, unless otherwise required by applicable building, fire or electrical code provisions. For any ADU 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. n. Impact Fees. Construction of an ADU is subject to applicable development impact fees adopted by the City pursuant to California Government Code, Title 7, Division 1, Chapter 5 (commencing with § 66000) and Chapter 7 (commencing with § 66012). No impact fee is required for an ADU that is less than 750 square feet in size. Any impact fee that is required for an ADU that is 750 square feet or more in size shall be charged proportionately in relation to the square footage of the primary dwelling. For purposes of this section, "impact fee" does not include any planning application fee, plan check fee, or building permit fee that is otherwise applicable. (8) Standards and Criteria Applicable to JADUs. a. Footprint. A JADU may only be constructed within the walls of a proposed or existing single-family dwelling, including an existing attached garage. b. Unit Size. A JADU shall not exceed 500 square feet in size. c. Separate Entrance. A JADU must include a separate entrance from the main entrance of the proposed or existing single-family residence in which it is located. d. Kitchen Requirements. A JADU must include an efficiency kitchenI including a cooking facility with hookups for appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. e. Bathroom Facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the proposed or existing single-family dwelling in which it is located. 10 Ordinance No. 01 (2021) f. Parking. No additional off-street parking is required for a JADU beyond that required at the time the existing primary dwelling was constructed. However, when an existing attached garage is converted to a JADU, any required off- street parking spaces for the primary dwelling that are eliminated as a result of the conversion shall be replaced. These replacement parking spaces may be located in any configuration on the same lot, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces. g. Fire Protection. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit. h. Utility Service. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit. A JADU shall be served by the same water, sewer, and other utility connections serving the primary single-family dwelling in which it is located, and no separate utility meters shall be permitted for a JADU. (9) Other Requirements. a. No Separate Conveyance. Except as otherwise provided in Government Code section 65852.26 or by other applicable law, an ADU or JADU may be rented separate from the primary residence, but may not be owned, sold or otherwise conveyed separate from the primary residence, and a lot shall not be subdivided in any manner that would authorize such separate sale, conveyance, or ownership. b. No Short -Term Rental Permitted. An ADU or JADU may be rented, although rental is not required. Any rental term of an ADU or JADU that is legally created after June 1, 2017 shall be longer than 30 days. c. Owner Occupancy. ADUs. Owner -occupancy of a lot on which an ADU is located is not required. JADUs. An owner of record of the single-family lot upon which a JADU is located shall occupy either the JADU or the remaining portion of the primary single- family dwelling as his/her/their principal residence. In 11 Ordinance No. 01 (2021) the event owner occupancy of the property ceases, the JADU shall automatically become unhabitable space, shall not be used as a separate dwelling unit, and shall not be separately rented or leased for any purpose. d. Recorded Covenant. Prior to the issuance of a building permit for an ADU or a JADU, the owner(s) of record of the property shall provide to the director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction recorded against the property, which is in a form prepared by and/or acceptable to the director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns; shall contain restrictions pertaining to ownership and conveyance, rental, owner occupancy, and the size and attributes of the ADU / JADU that conform to this section; and shall provide that it may not be modified or terminated without the prior written consent of the director. (10) Permit Application and Review Procedures. a. Building Permit Required. A building permit is required prior to construction of an ADU or JADU. Except as otherwise provided in this section or by state law, all building, fire, and related code requirements applicable to habitable dwellings apply to ADUs and JADUs. However, fire sprinklers shall not be required if they are not required for the primary dwelling. b. Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees. c. Review. The director shall consider and approve or disapprove a complete application for an ADU or JADU ministerially without discretionary review or public hearing within sixty (60) days from the date the City receives a complete application. Review is limited to whether the proposed ADU or JADU complies with the requirements of this section and/or state law, as applicable. If an applicant requests a delay in processing the application, the time period for the director to review of an application shall be 12 Ordinance No. 01 (2021) tolled for the period of the requested delay. If the application to create an ADU or a JADU is submitted with an application to create a new single-family dwelling on the lot, the director may delay acting on the application for the ADU or the JADU until the City acts on the application to create the new single-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. d. Zoning Conformity. The City shall not require the correction of nonconforming zoning conditions as a condition of approval of a permit application for the creation of an ADU or JADU. e. Conformity with State Law. The City shall not apply any requirement or development standard provided for in this section to an ADU or a JADU to the extent prohibited by any provision of state law, including, but not limited to, subdivision (e)(1) of Government Code section 65852.2. Section 4. If any section, subsection, subdivision, 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 hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional. Section 5. Pursuant to Government Code §36937 this Ordinance shall take effect 30 days after adoption by the City Council. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Diamond Bar's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED this 20t" day of July, 2021. THE CITY OF DIAMOND BAR: Nancy A Lyohs, Mayo 13 Ordinance No. 01 (2021) ATTEST: I, Kristina Santana, 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 6th day of July, 2021, and was duly passed and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of July, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Chou, Tye None None Liu, MPT/Low, M/Lyons Kristina Santana, City Clerk 14