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HomeMy WebLinkAbout1205 - Amending Code Regulating Accessary Dwelling Units ORDINANCE NO. 1205 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE TO COMPLY WITH CALIFORNIA GOVERNMENT CODE SECTION 65852.2 REGULATING ACCESSORY DWELLING UNITS The City Council of the City of Ukiah hereby ordains as follows. SECTION 1 Findings and Declarations. The City Council finds and declares as follows: A. In October 2019, the Governor of California signed Senate Bill 13, Assembly Bill 68, Assembly Bill 881, Assembly Bill 670 and Assembly Bill 587 ("ADU Statutes"), which relate to the creation of new Accessory Dwelling Units ("ADU") and were intended to address California's ongoing housing affordability crisis by reducing local regulatory barriers to constructing new ADUs. B. The ADU Statutes, as codified in State of California Government Code Sections 65852.2 and 65852.22, established new standards for regulating ADUs to be effective January 1, 2020; C. Because the City's existing standards for ADUs are inconsistent with the new standards enacted by the ADU Statutes, the current City Code provisions regarding ADUs are voided until amended to be consistent with the ADU Statutes. D. Because the City's standards for ADUs are currently voided, any application for an ADU consistent with State law will be deemed approved and the default State law standards do not consider the City's particular needs and limitations. As such, it is in the interest of the City to amend the City Code to bring its standards for ADUs into compliance with the State standards and to include any permissible standards that consider local needs and limitations. SECTION 2 Section 3702.5 of Division 4, Chapter 2, Article 3 of the Ukiah City Code is amended to read as follows: §3702.5 SEWER REQUIRED Any structure located within the City in which plumbing is to be installed and to which a public sewer is available shall, at the expense of the owner of the property, connect the plumbing of such structure directly to the proper public sewer in accordance with the provisions of this ordinance. A public sewer shall be deemed to be available if a public sewer is located within two hundred feet (200') of the property line of the property involved. However, no new connection between an Accessory Dwelling Unit (as defined in Section 9278 of this Code) and the proper public sewer will be required for an Accessory Dwelling Unit contained within the space of an existing or proposed primary residence or accessory structure, unless the Accessory Dwelling Unit was constructed with a new single-family home. . SECTION 3 Division 4, Chapter 2, Article 12 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by 1 §3731A SEWER CONNECTION CHARGES The following charges are hereby established for the connection of the plumbing of any building or structure which discharges to the sanitary sewer system of the city and said charges are separate from any other charges presently levied or which may be levied in the future: A. Residential Schedule: Ten thousand nine hundred eleven dollars ($10,911.00) for equivalent sewer service unit (ESSU) per dwelling unit connected to the wastewater system based on the number of bedrooms according to the following schedule: Connection Fee ESSU 1. One bedroom $ 9,820.00 0.9 2. Two bedroom 10,911.00 1.0 3. Three bedroom 12,002.00 1.1 4. For each additional bedroom 1,091.00 0.1 D. Connection Fees for Accessory Dwelling Units 1. Accessory Dwelling Units shall not be considered new residential uses for the purposes of calculating City connection fees or capacity charges for utilities, including water and sewer service. The Residential Schedule for calculation of sewer system connection fees set forth in Subdivision A of this Section shall not apply to Accessory Dwelling Units. 2. As provided in Section 3702.5, the City will not require a new connection between an Accessory Dwelling Unit (as defined in Section 9278 of this Code) and the sanitary sewer system for an Accessory Dwelling Unit contained within the space of an existing primary residence or accessory structure. Notwithstanding Section 3734A, the City shall not impose a connection fee or capacity charge for this type of Accessory Dwelling Unit, unless the Accessory Dwelling Unit was constructed with a new single-family home. 3. For Accessory Dwelling Units that are not contained within the space of an existing primary residence or accessory structure, the City may charge a connection fee or capacity charge that is proportionate to the burden of the proposed Accessory Dwelling Unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. 4. The connection fee for an Accessory Dwelling Unit shall be calculated based on the number of fixture units in the developed ADU, as determined by the City Engineer. 5. In the event that the property on which a primary dwelling and an Accessory Dwelling Unit are located is subdivided to create a new lot on which the Accessory Dwelling Unit is located, and the 2 Accessory Dwelling Unit was constructed on or after January 1, 2017, the property owner must pay to the City the difference between the sewer connection fee initially calculated for the Accessory Dwelling Unit pursuant to subdivision D4 of this Section and the connection fee that would have been calculated pursuant to subdivision A if the dwelling unit were the primary dwelling unit on a lot. SECTION 4 Section 3861 of Division 4, Chapter 4 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §3861 WATER CONNECTION FEES A. Payment of Fees The storage and transmission and production and treatment facilities' fees are based on the size of the service. Said fees shall be due and payable prior to use and occupancy of the new facility requiring the service. No certificate of occupancy shall be issued and permanent water service shall not be provided until payment is received. B. Connection Fees for Accessory Dwelling Units 1. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges. 2. No new water connection shall be required, and no fee charged, for an Accessory Dwelling Unit (as defined in Section 9278 of this Code) contained within the space of an existing primary residence or accessory structure, unless the Accessory Dwelling Unit was constructed with a new single-family home.. 3. Accessory Dwelling Units that are not contained within the space of an existing primary residence or accessory structure are subject to connection fees for water service as provided in Section 3861. SECTION 5 Article 3 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9016 ALLOWED USES The following uses are allowed in single family residential (R-1) districts: Accessory Dwelling Units (ADU) or Junior Accessory Dwelling Units (JADU) on lots developed with a primary single-family or multifamily residence or for which a primary residence is proposed subject to the following standards/criteria: A. The requirements of this subsection are applicable to all existing ADUs and JADUs as well as those proposed after the effective date hereof, except for legal nonconforming units, or as is otherwise specifically provided herein. Existing ADUs or JADUs as of the date hereof inconsistent 3 with the provisions listed herein, shall be considered legal nonconforming, provided that they were legal at the time of their creation. B. Pursuant to California Government Code 65852.2(a)(1)(C) and 65852.22(d) and (e), ADUs and JADUs shall be deemed not to exceed the allowable density for the residential lot upon which an ADU or JADU is located, and ADUs and JADUs are deemed a residential use that is consistent with the existing general plan and zoning designation for the residential lot on which an ADU or JADU is located. C. These regulations do not allow the division of property upon which an Accessory Dwelling Unit is located unless all requirements of the applicable zoning district, and any other requirements of this Code are met. D. The Accessory Dwelling Unit or JADU may be used for rental purposes. The minimum term of a lease for an Accessory Dwelling Unit or JADU shall be thirty (30) days. E. The ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. F. For development of an ADU or JADU, the applicant shall record a deed restriction, which shall run with the land. A copy showing recordation with the Mendocino County Recorder shall be filed with the City, and shall include both of the following: (1) A prohibition on the sale of the ADU or JADU separate from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers. (2) For a JADU only, a restriction on the size and attributes of the JADU that conforms with this Section. G. Accessory Dwelling Units may be attached to existing single-family or multifamily residences or detached as separate structures. Accessory Dwelling Units shall incorporate the same or substantially similar architectural features, height, building materials and colors as the main dwelling unit or compatible dwellings located on adjacent properties. Architecture not similar to the architecture of the principal dwelling or buildings on adjacent properties shall be subject to the use permit process. H. Junior Accessory Dwelling Units are installed within a legally established bedroom within the existing walls of a fully permitted single-family dwelling or proposed single-family dwelling. In the case of a legal, non-conforming single-family dwelling unit, the applicant must demonstrate adequate septic capacity for the bedroom count, if the dwelling uses a septic system, and utilize an existing, fully permitted bathroom. A separate entrance to the Junior Accessory Dwelling Unit shall be provided. A Junior Accessory Dwelling Unit may include a full bathroom, or the occupant(s) may use a full bathroom inside the remainder of the single-family dwelling. A Junior Accessory Dwelling Unit shall contain an efficiency kitchen, which shall include a cooking facility for preparation and sanitation of food with appliances (e.g., microwave, toaster oven, hot plate) and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. The efficiency kitchen must be removed when the JADU use ceases. I. The maximum size of an Accessory Dwelling Unit shall be one thousand two hundred (1200) square feet.. The maximum size of a Junior Accessory Dwelling Unit shall not exceed five hundred 4 (500) square feet in floor area. If the bathroom is shared with the remainder of the single-family dwelling, it shall not be included in the square footage calculation. J. Parking (1) Parking requirements for the ADU shall be one off street space (independently accessible or tandem) for each bedroom or ADU, whichever is less, in addition to the two (2) independently accessible parking spaces required for the existing single-family or multifamily residence. If the primary residence was legally constructed at a time when on-site parking was not required, then only the parking space(s) for the ADU shall be required. No off street parking space shall be required for a JADU. (2) Off-street parking shall be permitted in setback areas in compliance with the definition of "Off-street Parking" found in Section 9278B of this Code or through tandem parking (3) Parking standards will not be imposed for an ADU in any of the following instances: (a) The ADU is located within one-half mile of public transit. (b) The ADU is located within an architecturally and historically significant historic district. (c) The ADU is part of the existing primary residence or an existing accessory structure. (d) When on-street parking permits are required but not offered to the occupant of the ADU. (e) When there is a car share vehicle located within one block of the ADU. (4) If a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the City shall not require that those offstreet parking spaces be replaced. K. An ADU must meet all applicable building and fire codes, and shall have electric, water and sewer or septic service with the type of meter arrangement at the property owner's option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for an ADU. No new water or sewer connection fees may be required for ADUs that are contained within the existing space of a single-family or multifamily residence or accessory structure as provided in Sections 3731A and 3861.13, unless the ADU is constructed with a new single-family home . ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence. L. A Junior Accessory Dwelling Unit shall not be considered a separate or new dwelling unit for purposes of applying building codes, fire codes, collection of impact fees, or the provision of water, sewer, and power, including connection fees that might otherwise be associated with the provision of those services. Junior Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not required for the primary residence. M. The ADU or JADU shall comply with all applicable requirements of this Code. N. The maximum height for ADUs shall be eighteen feet (18'), except for attached ADUs, which shall have a maximum height of thirty feet (30'), pursuant to Section 9018 of this Chapter. Taller units may be approved through the use permit process. O. The following yard setback requirements shall apply to ADUs: 1. Front Yard: The same as the existing primary residence, but no closer than five feet (5'). 2. Side Yard or Rear Yard, Single-Story or Two-Story: Four feet (4') 5 3. No setback shall be required for an existing living area, garage, or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU. Q. The proposed ADUs shall have a separate front door, which, in the event of an attached unit, shall not be located along the front of the existing single-family or multifamily residence unless it is not obviously visible from the street in front of the residence. R. For a JADU, either the primary single-family residence or the JADU shall be occupied by the property owner. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization. S. Any balcony, window or door of an ADU shall utilize techniques to lessen the privacy impacts onto adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, or locating balconies, windows and doors toward the existing on site primary residence. In addition, trees shall be planted and maintained in a viable condition by the property owner, where appropriate, to preserve the privacy of neighboring property owners. This requirement will not apply to an ADU that is contained within the existing space of a single- family or multifamily residence or accessory structure. T. Driveways accessing ADUs shall be set back a minimum of five feet (5') from any structure on an adjoining lot that has a bedroom adjacent to the proposed driveway. U. The minimum width of a driveway serving an ADU shall be twelve feet (12'), unless the City Fire Marshal determines that adequate fire protection can be provided to the ADU even though the driveway has a width less than twelve feet (12'). V. Unless otherwise indicated, relief from the above criteria and standards may be pursued through the use permit process pursuant to Article 20 of this chapter. W. Applications for a building permit for an ADU or a JADU shall be considered ministerially without discretionary review or a hearing within 60 days after receiving the application if there is an existing primary dwelling on the lot. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review. X. Applications for a building permit within any zoning district where residential uses are allowed by right shall be approved ministerially to develop any of the following: (1) One ADU or JADU per lot with a proposed or existing single-family dwelling if all of the following apply: (a) The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (b) The space has exterior access from the proposed or existing single-family dwelling. 6 (c) The side and rear setbacks are sufficient for fire and safety. (d) The JADU complies with the requirements of this Section. (2) One detached, new construction, ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subparagraph X.1 above. (3) Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. The number of ADUs permitted within an existing multifamily dwelling structure shall be capped at twenty five percent (25%) of the existing units in the multifamily dwelling, or one ADU, whichever is greater. (4) Not more than two (2) ADUs that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to four (4) foot rear yard and side setbacks. (Y) For the development of ADUs and JADUs described in subdivision (X), no additional parking or other development standards as set forth in subdivisions (1) through (J), (N) through (Q), and (S) through (V) of this Section shall be applied except for Building Code requirements. (Z) The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions. For purposes of this Section, "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards. §9021 REQUIRED PARKING A. The minimum parking area required in single-family residential (R-1) districts is two (2) on site independently accessible spaces for each dwelling unit. Accessory Dwelling Units (ADU) require one additional onsite independently accessible parking space per ADU or per bedroom, whichever is Iess,except as provided in Section 9016 of this Chapter. The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this chapter. SECTION 6 Article 4 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9031 ALLOWED USES The following uses are allowed in medium density residential (R-2) districts: Accessory buildings and accessory uses. Accessory Dwelling Units and Junior Accessory Dwelling Units, as defined in Section 9278 of this Code and regulated in Section 9016 of this Code. 7 SECTION 7 Article 5 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9046 ALLOWED USES The following uses are allowed in high density residential (R-3) districts: Accessory buildings and accessory uses. This shall not be construed as permitting any business use or occupation other than those specifically listed herein. Accessory Dwelling Units and Junior Accessory Dwelling Units, as defined in Section 9278 of this Code and regulated in Section 9016 of this Code. SECTION 8 Article 6 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9061 ALLOWED USES The following uses are allowed in neighborhood commercial zoning districts: Accessory uses to any of the uses allowed in this district. Accessory Dwelling Units and Junior Accessory Dwelling Units, as defined in Section 9278 of this Code and regulated in Section 9016 of this Code. SECTION 9 Article 7 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9081 ALLOWED USES The following uses are allowed in the Community Commercial (C-1) Zoning District: Accessory uses to any of the uses allowed in this District. Accessory Dwelling Units and Junior Accessory Dwelling Units, as defined in Section 9278 of this Code and regulated in Section 9016 of this Code. 8 SECTION 10 Article 8 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9096 ALLOWED USES The following uses are allowed in the heavy commercial (C-2) zoning district: Accessory uses to any allowed or permitted uses. Accessory Dwelling Units and Junior Accessory Dwelling Units, as defined in Section 9278 of this Code and regulated in Section 9016 of this Code. SECTION 11 Section 9278 in Division 9, Chapter 2, Article 21 of the Ukiah City Code (unchanged text is omitted and is shown by DWELLING UNIT: A residential building or portion thereof providing complete, independent living facilities for one family including permanent provisions of living, sleeping, eating, cooking, and sanitation. DWELLING UNIT, ACCESSORY: An attached or a detached residential dwelling unit, located on a lot in any zoning district where residential uses are allowed by-right or with the securing of a use permit that has been developed with an existing or proposed primary single-family or multifamily residence, which provides complete independent living facilities for one or more persons. It can be wholly contained within the footprint of the proposed existing primary dwelling, including attached garages, storage areas or similar uses or an accessory structure, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the primary dwelling is situated. An Accessory Dwelling Unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. DWELLING UNIT, JUNIOR ACCESSORY: An attached residential dwelling unit, located on a lot in the R-1, R-2, and R-3 Zoning Districts, not exceeding 500 sq. ft. in size and contained within a legally established bedroom within the existing walls of an existing or proposed single-family dwelling. A Junior Accessory Dwelling Unit (JADU) shall include an efficiency kitchen, which shall include a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. The JADU may include separate sanitation facilities or share sanitation facilities with the 9 existing structure. A Junior Accessory Dwelling Unit shall have a separate entrance, and interior access to the remainder of the primary dwelling. SECTION 12 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on July 15, 2020 by the following roll call vote: AYES: Councilmembers Mulheren, Brown, Scalmanini, Orozco, and Mayor Crane NOES: None ABSTAIN: None ABSENT: None Adopted on August 5, 2020, by the following roll call vote: AYES: Councilmembers Mulheren, Brown, Scalmanini, Orozco, and Mayor Crane NOES: None ABSTAIN: None ABSENT: None o, Douglas Crane, Mayor ATTEST: Kristine Lawler, City Clerk 10