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04-06-2021 - AGENDA ITEM 13 CONSIDERATION OF ORDINANCE AMENDING PORTIONS OF CHAPTER 26 OF THE MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLINGAGENDA ITEM NO. 13 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: April 6, 2021 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF ORDINANCE AMENDING PORTIONS OF CHAPTER 26 OF THE MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS RECOMMENDATION: It is recommended that City Council conduct the public hearing and then introduce, by title only, further reading waived, the following ordinance: ORDINANCE NO.2480 - AN ORDINANCE OF THE CITY COUNCIL OF WEST COVINA, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 26 OF THE MUNICIPAL CODE TO AUTHORIZE ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS BACKGROUND: In September 2019, the State Legislature adopted Senate Bill (SB) 13 and Assembly Bills (AB) 68, 670, and 881 which were signed by Governor Newsom in October 2019 and took effect January 1, 2020. Cities that did not adopt an ordinance pertaining to accessory dwelling units (ADUs) in compliance with State law are required to follow the standards described in the Government Code. In response to the actions of the State, on November 26, 2019, the Planning Commission initiated Code Amendment 19-06 (3-2 vote). Due to time constraints, the City Council adopted the Urgency Ordinance on December 17, 2019, which went into effect January 1, 2020. The Urgency Ordinance reflected the City's best interpretation, keeping in mind previous directives from the Department of Housing and Community Development ("HCD"), with the intent that the City would revise the Ordinance once comments and feedback were received from HCD. On October 5, 2020, the City conducted a virtual meeting with HCD and were informed that the City's current ordinance addressing ADUs was inconsistent with State Law. Staff prepared a draft revision to the ADU Ordinance, which was submitted for HCD review. PLANNING COMMISSION REVIEW (10) Conversion of existing primary unit. An existing primary dwelling may be converted to an accessory dwelling unit if it complies with all applicable requirements of this ordinance. If so, anew, larger primary residence may be constructed. (11) Design requirements for new units. All new accessory dwelling units must comply with the following design requirements: a. The exterior materials, colors, roof pitch and architecture shall match the primary unit. b. Accessory dwelling units shall not exceed 16 feet in height, unless the accessory dwelling unit is a conversion of an existing second floor area, a second -story addition to an existing residence, or is located on the second -floor of a new two- story house..we , e: a . ,e, e, of .we t—al est -ex—isting stmeP" on the . ee, i AD second -story additions to an existing residence, and/or new two-story homes shall require the approval of an administrative use permit per Section 26- 270 of the West Covina Municipal Code. ii Exterior staircases serving second -floor accessory dwelling units shall not be located in between the property line and the existing budding. C. Lighting shall not sell be directed on to neighboring lots. d. Any attached accessory dwelling unit shall be attached to the living area of the primary dwelling unit by a common wall or floor/ceiling, and not simply by an attached breezeway, porch, or patio. (12) Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. Sec. 26-685.34. - Accessory dwelling unit and junior accessory dwelling unit exceptions. (1) Accessory dwelling units shall be approved for the following types of accessory dwelling units, regardless of whether the applicant meets the development standards contained in this Tube. Inaevei4wayafi),paf,.el . 4th .. .....le f....:1., .lwelling haw ..... a than One aeoessory awellitig or -mare tiara ,.jupdor-aeeessorydwelling uP4 per ske. In no eN4epA may aff ,.el . 4tl. a .«4i f.... y housing t haw ..... 9;A01 1AAM aw€lling—tins sery dwelling —tins —en sn�—Accessory dwelling units and junior accessory dwelling units are accessory to the primary use.a Therefore, accessory dwelling units and junior accessory dwelling units shall not have its own utility ureter and shall share utility connections with the primary uLse.aowned dwellings, the project plans and application ..hag elear , iden F. theunitthe proposed .. a. For Single Family Dwelling lots in residential zones, either: One accessory dwelling unit and one junior accessory dwelling unit per lot may be constructed. YA44:iiproposed single fawigy Elwelling. Each accessory dwelling unit and junior accessory dwelling unit must have exterior access and side and rear setbacks sufficient for free safety and comply with all other setback requirements. If the unit is a junior accessory dwelling unit, it must also comply with the requirements of Section 26-685.70 below; or One detached, new construction, accessory dwelling unit with setbacks of at least four (4) feet from side and rear yards and in compliance with front yard setbacks, no more than eight hundred (800) square feet floor area, and a height not exceeding sixteen (16) feet on a lot with an existing or proposed single family dwelling. No ^ dwys an4lor doeFs sliall by 1eeate.l , MR 10 met b. On a lot with an existing multifamily residential use i Accessory dwelling units may be constructed in areas that are not used as livable space within an existing multi -family dwelling structure (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior accessory dwelling units permitted on the lot shall not exceed twenty-five percent (25%) of the current number of wits of the multi -family complex on the lot and at least one such unit shall be allowed; and ii Up to two (2) detached accessory dwelling outs may be constructed, provided they are no taller than sixteen (16) feet, and they have at least four (4) feet of side and rear yard setbacks. Detached accessory dwelling units constructed pursuant to this subsection (b) shall not exceed one thousand two hundred (1,200) square feet in floor area. (2) Accessory dwelling units approved under this Section 26-685.50 shall not be rented for a term of 30 days or less. (3) Accessory dwelling units or junior accessory dwelling units approved under this Section 26-685.50 shall not be required to correct legal nonconforming zoning conditions as a pre- condition to obtaining this authorization. Sec. 26-685.35. - Accessory dwelling units —General plan consistency. In adopting these standards, the city recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan, as dictated under state planning and zoning law applicable to accessory dwelling units. Sec. 26-685.36. - Junior accessory dwelling units. (1) Purposes: This section provides standards for the establishment of junior accessory dwelling units. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing or proposed single family residence and requires owner occupancy in the single-family residence where the unit is located. (2) Size: A junior accessory dwelling unit shall not exceed 500 square feet in size. (3) Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner -occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time. (4) Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel (5) Short term rentals: The junior accessory dwelling unit shall not be rented for periods of 30 days or less. (6) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be entirely within a single-family residence; an attached garage is considered a part of the residence. (7) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (8) Parking. No additional parking is required beyond that already required for the primary dwelling. (9) Fire Protection; Utility Service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with anew single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with anew single-family dwelling. (10) Deed RestrictiorL Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, requires owner -occupancy consistent with subsection (3) above, does not permit rentals for periods 30 days or shorter, and restricts the size and attributes of the junior dwelling unit to those that conform with this section. SECTION 2. Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQN) under Public Resources Code section 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines sections 15282(h) [statutory exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to land]. This Ordinance is also exempt under CEQA Guidelines section 15061, because this Ordinance will not have a significant effect on the environment, because ADUs will largely constitute infill housing which is exempt from CEQA. SECTION 3. Inconsistencies. Any provision of this Ordinance which is inconsistent with state law shall be interpreted in a mamier to be consistent with state law. Any provision of the West Covina Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any corn of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of West Covina hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 5. Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. SECTION 6. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. SECTION 7. Transmit Ordinance to HCD. The City Clerk is directed to send a copy of this Ordinance to the Department of Housing and Community Development within 60 days of the adoption of this Ordinance. PASSED, APPROVED AND ADOPTED on the day of , 2021. Letty Lopez- Viado Mayor APPROVED AS TO FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. 2480 was introduced at a regular meeting of the City Council held on the 6th day of April, 2021, and adopted at a regular meeting of the City Council held on the _ day of , 2021, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk ATTACHMENT NO.2 PLANNING COMMISSION RESOLUTION N0.20-6063 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CODE AMENDMENT NO. 19-06, CODE AMENDMENT RELATED TO ACCESSORY DWELLING UNITS STANDARDS CODE AMENDMENT NO.19-06 STATUTORY EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide WHEREAS, effective January 1, 2020 multiple new housing laws relating to accessory dwelling units (ADUs) will become law, including AB 68, AB 881, SB 13, AB 587, and AB 670, AB 671; and WHEREAS, effective January 1, 2021, AB 3182, a new housing law which includes certain standards relating to ADUs, will become law; and WHEREAS, to preserve what limited authority the city has remaining to regulate ADUs, it is desirable that the City update its laws consistent with State law. WHEREAS, December 8, 2020, the Planning Commission conducted a duly noticed public hearing as prescribed by law regarding proposed Code Amendment No. 19-06. At the conclusion of the public hearing, the Planning Commission approved Planning Commission Resolution No. recommending that the City Council approve Code Amendment No. 19-06 and WHEREAS, studies and investigations made by this Commission and on its behalf reveal the following facts: The City's ADU Urgency Ordinance was adopted by the City Council on December 17, 2020. 2. It is necessary to amend the municipal code in order to make the City's ADU standards consistent with State Law. Resolution No. 20-6063 Code Amendment No. 19-06 December 8, 2020 Page 2 The proposed action is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3), as this ordinance cannot create any significant effect on the environment and pursuant to 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 65852.2 of the Government Code" are Statutorily Exempt from the requirements of CEQA. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of West Covina as follows: SECTION NO.1: The above recitals are true and correct and are incorporated herein as if set forth herein in full. SECTION NO. 2: Based on the evidence presented and the findings set forth, Code Amendment No. 19-06 is hereby found to be consistent with the West Covina General Plan and the implementation thereof, and that the public necessity, convenience, general welfare, and good zoning practices require Code Amendment No. 19-06. SECTION NO. 3: Based on the evidence presented and the findings set forth, the Planning Commission of the City of West Covina hereby recommends to the City Council of the City of West Covina that it approves Code Amendment No. 19-06 to amend Chapter 26 (Zoning) of the West Covina Municipal Code as shown on Exhibit "A." SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the City Council for their attention in the manner as prescribed by law and this Resolution shall go into force and effect upon its adoption. [continued on next page] Resolution No. 20-6063 Code Amendment No. 19-06 December 8, 2020 Page 3 I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 8' day of December, 2020, by the following vote. AYES: Holtz, Jaquez, Redholtz, Heng NOES: Kennedy ABSTAIN: None ABSENT: None DATE: December 8, 2020 Sheena Heng, Chairperson Planning Commission Mark Persico, Secretary Planning Commission Resolution No. 20-6063 Code Amendment No. 19-06 December 8, 2020 Page 4 EXHIBIT A ORDINANCE NO. AN ORDINANCE OF THE WEST COVINA CITY COUNCIL TO AUTHORIZE ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS BY AMENDING PORTIONS OF CHAPTER 26 OF THE MUNICIPAL CODE WHEREAS, effective January 1, 2020 multiple new housing laws relating to accessory dwelling units (ADUs) will become law, including AB 68, AB 881, SB 13, AB 587, and AB 670, AB 671; and WHEREAS, effective January 1, 2021, AB 3182, a new housing law which includes certain standards relating to ADUs, will become law; and WHEREAS, to preserve what limited authority the city has remaining to regulate ADUs, it is desirable that the City update its laws consistent with State law. WHEREAS, , 2020, the Planning Commission conducted a duly noticed public hearing as prescribed by law regarding proposed Code Amendment No. 19-06. At the conclusion of the public hearing, the Planning Commission approved Planning Commission Resolution No. , recommending that the City Council approve Code Amendment No. 19-06 and WHEREAS, on . 2020, the City Council conducted a duly noticed public hearing as prescribed by law regarding this ordinance approving Code Amendment No. 19-06 and ;and WHEREAS, the City Council has duly considered all information presented to it, including written staff reports and any testimony provided at the public hearing, with all testimony received being made a part of the public record. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY ORDAINS AS FOLLOWS: SECTION 1: Code Amendment. Division 11 (Accessory Dwelling Units) of Article XII (Special Regulations for Unique Uses) of Chapter 26 (Zoning) of the West Covina Municipal Code is hereby amended to read as follows: Division 11. Accessory Dwelling Units Resolution No. 20-6063 Code Amendment No. 19-06 December 8, 2020 Page 5 26-685.10 Accessory dwelling units and junior accessory dwelling units —Purpose, definitions, occupancy. 1. Purpose and Interpretation. The intent of this Section is to ensure that accessory dwelling units and junior accessory dwelling units remain as an accessory use to a single-family and multifamily residential usestr sideF", that the structures on parcels are organized to accommodate an accessory dwelling unit and/or junior accessory dwelling unit, and that such dwelling units do not adversely impact surrounding residents or the community. This Division is intended to retain the maximum ability of the city to regulate accessory dwelling units and to comply with the requirements of state law, W4 enly to the extent the eity is required to do so. Afetmithstanding a ether provision of this Diyi. ien to H.e ..tl.ing in this Diyi..:..n shall be interpreted • allowan),aseessefy dwelling unit . dwelling unit exeept to the eiaent required by state ! u 2. Definitions. a. The terms "accessory dwelling unit', "public transit', "passageway" and "tandem parking" all have the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. b. "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 time to time. 3. Occupancy. Except as otherwise provided by law (e.g., Government Code section 65852.26), accessory dwelling units and junior accessory dwelling units may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. 26-685.20 Accessory dwelling units —Application for accessory dwelling unit permit. 1. Accessory dwelling units are permitted only in Fesidmtial Zones areas zoned to allow multifamily and single family residential, subject to the issuance of a building permit. Any application for an accessory dwelling unit that meets the unit size standards and development standards contained in Sections 26-685.30 or 26-685.40 of this division, or is the type of accessory dwelling unit described in Subsection 26-685.50 of this division, shall be approved ministerially by the city by applying the standards herein and without a public hearing. 2. An application for an accessory dwelling unit permit shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the city on a city -approved application form and subject to the established fee set by city council resolution as it may be amended from time to time. On December 8, 2021, the Planning Commission held a public hearing and adopted Resolution No. 20-6063, recommending to the City Council approval of Code Amendment No. 19-06 (4-1 vote). DISCUSSION: The Ordinance before the City Council has been reviewed by HCD and approved by HCD as fully compliant with State law. The following is a summary of the proposed changes: • Clarifies that ADUs are allowed on all properties with single-family and multi -family uses, and not limited to residential zones. • Deletes limitations regarding the number of bedrooms allowed within an ADU. The City is not allowed to limit the number of bedrooms allowed in ADUs. • Clarifies that all properties are allowed to have at least an 800 square foot attached ADU and that there is not a limitation on floor area for ADUs created by converting existing habitable and/or non -habitable floor area. • Deletes references to not allowing a separate address. Please note that not allowing a separate address is not a violation of State Law and the State allows cities to regulate addressing. However, assigning a separate address for ADUs on multifamily residential properties is necessary for public safety and allows public safety personnel (Police and Fire) to easily find the unit when they receive emergency calls. A separate address for ADUs located on single-family residential lots is not necessary for public safety because the number of residential units on the site are limited. • Clarifies that ADUs and JADUs are accessory to the primary residential use and are required to share utility connections with the primary use. • Clarifies that detached ADUs on multifamily residential properties are limited to 1,200 square feet. • Clarifies that new or upgraded utility connections are not required for existing structures converted into ADUs. • Deletes references to reverse corner lots. The City is not allowed to require side setbacks greater than 4 feet, no matter how the lot is configured. • Deletes provisions regulating the location of the ADU front entry, windows, and doors. The City is not allowed to regulate the location of the front entry, nor limit the floor plan by regulating the location of doors and windows. • Deletes requirements for fences/walls. The City is not allowed to require fences or walls because the requirement is an additional expense that may make it financially infeasible for the property owner to construct an ADU. • Deletes requirement for the lien holder's signature on covenants. • Clarifies that ADUs up to 16 feet in height may be constructed. • Clarifies that second floor additions and new two-story homes require the approval of an administrative use permit. • Clarifies that exterior stairs are not allowed to be located between the house and the property line. • Deletes requirements for accessibility. ADUs are exempt from the Americans with Disabilities Act requirements. • Clarifies that an attached garage is a part of the residence when determining whether a JADU is attached to the primary residence. LEGAL REVIEW: The City Attorney's Office has reviewed the proposed ordinance and approved it as to form. OPTIONS: The City Council has the following options: 1. Approve staffs recommendation; or 2. Provide alternative direction Resolution No. 20-6063 Code Amendment No. 19-06 December 8, 2020 Page 6 3. Applications for accessory dwelling units shall conform to the requirements for, and shall obtain, a building permit consistent with the requirements of Chapter 7 (Buildings and Building Regulations) of the Municipal Code. 26-685.30 Accessory dwelling units —Unit size standards. Except as otherwise provided in Section 26-685.50 of this division, below, all accessory dwelling units shall not exceed the size standards listed below. r i a e,.. ery dwell:..g unit.. may eentain mere than two (2) tear,.,..... 1. Attached accessory dwelling units: The maximum floor area of an attached accessory dwelling unit shall be the higher of: a. 850 square feet for an accessory dwelling unit with 0-1 bedrooms or 1,000 square feet for an accessory dwelling unit with two (2) or more bedrooms; or b. If there is an existing primary single-family dwelling, 50% of the square footage of the existing primary single family dwelling; or C. All properties developed with a residential use shall be allowed to construct at least an 800-square foot accessory dwelling unit with four -foot side and rear setbacks- or d. Existing habitable and/or nonhabitable areas may be converted into an attached accessory dwelling unit without any size and/or setback limitations. 2. Detached Units. A detached accessory dwelling unit shall not have more than one thousand two hundred (1,200) square feet of living area. 3. Setback requirements. a. No setbacks are required for: either (i) those portions of accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units or (ii) constructing new accessory dwelling units in the same location and to the same dimensions as an existing structure. b. For all other accessory dwelling units, there must be a minimum of four f feet of setbacks from side and rear lot lines and comply with all applicable front yard setbacks. C. The minimum required distance between a detached accessory dwelling unit and the primary dwelling unit, and all other structures, including garages, on the property, shall be ten (10) feet. 26-685.40 Accessory dwelling units —Development standards. Any permit for an accessory dwelling unit shall be subject to the development standards listed below. 1. Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the city that contains a legal, single-family or multi -family residence as an existing or proposed primary unit on a lot. Resolution No. 20-6063 Code Amendment No. 19-06 December 8, 2020 Page 7 2. Accessory dwelling units and junior accessory dwelling units are accessory to the primary use.dwela,. Therefore, accessory dwelling units shall not have its own separate utility meter and shall share utility connections with the primary use, shalliwt-lie assig ted multifamily r-esidenRial use.. Fe- multi family F side„t:el dwellings the 3. Number of accessory dwelling units per lot. a. For lots with proposed or existing single-family residences, no more than one accessory dwelling unit and one (1) junior accessory dwelling unit may be on the lot. b. For lots with existing multi -family residential dwellings: i. No more than twenty-five percent (25%) of the number of the existing units, but at least one (1) unit, shall be permitted as accessory dwelling units constructed within the non -livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; or ii. No more than two (2) detached accessory dwelling units, provided that no such unit shall be more than sixteen (16) feet in height, and each such unit complies with front yard setbacks, and meets rear -yard and side yard setbacks of four feet. The maximum square footage of detached accessory dwelling units on lots with existing multi -family residential dwellings shall eerapb, with the limits set r� i . ubseetien G (or E, : applicable) a fthis seetiffli. limited to one thousand two hundred (1,200)_square feet of living area. 4. Building Code Compliance. All new accessory dwelling units must comply with Chapter 7 of the Municipal Code (`Buildings and Building Regulations") and any other applicable provisions of the California Building Standards Code. However, fire sprinklers shall not be required if they are not required for the primary residence. 5. Utilities. a. All accessory dwelling units and junior accessory dwelling units must be connected to public utilities (or their equivalent), including water, electric, and sewer services. Accessory dwelling units and iunior accessory dwelling units shall not have its own separate utility meter and shall share utility connections with the primary use b. All accessory dwelling units and junior accessory dwelling units shall have adequate water supply and sewer service. C. No overhead utility lines are to be relocated or otherwise modified to permit construction of an accessory dwelling unit or junior accessory dwelling unit. If Resolution No. 20-6063 Code Amendment No. 19-06 December 8, 2020 Page 8 existing overhead utility lines are to be relocated or otherwise modified to permit construction of an accessory unit, such lines shall be converted to underground services. Except as pr-evided : ..ubseetie , e below, the City may require the installation of a new or upgraded utility connection for the a new accessory dwelling unit structure dwelling timis And and/or the existing house to accommodate the additional burden of the proposed accessory dwelling unit on the existing utility infrastructure. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based on either its square feet or number of drainage fixture unit values. New or ungraded utility connection shall not be required for existing structures converted into accessory dwelling units. 6. Parking. The City shall require the owner to provide one (D parking space unless the accessory dwelling unit has no bedrooms (e.g., a studio), in which case no space is required. The required parking space shall have a minimum dimension of 10 feet in width and 20 feet in depth. The required parking space may be provided as: i. Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or ii. Within a setback area or as tandem parking in locations determined feasible by the City for such use. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that such parking is not permitted anywhere else in the City. Notwithstanding the foregoing, no parking space shall be required for an accessory dwelling unit if: i. It is located within one-half mile walking distance of public transit; ii. It is located within an architecturally and historically significant district; iii. It is part of a proposed or existing primary residence or accessory structure; iv. When on -street parking permits are required but not offered to the occupant ofthe accessory dwelling unit; or v. Where there is a car share vehicle located within one block of the accessory dwelling unit. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces do not have to be replaced. 7. Siting. Detached accessory dwelling units may not be located within the area between the front property line and the line parallel to, and touching, the back of the primary residence. a eemer- i. he ., heese is c a and l sa &,afro. , a owe: Resolution No. 20-6063 Code Amendment No. 19-06 December 8, 2020 Page 9 'd prep" J line, a e eJ .., dwelling unit shall not he Ieeeted within the area between 1- •d _ line and line parallel to the Fnest distant paft of the heuse fr m thestreet side . line. 8. Exterior Access. The entrance to an accessory dwelling unit shall be separate from the entrance to the primary dwelling unit, and shall net be on l aeat eleyatie. l ftepegfap ' r-estriets aeeess fFem all side and mai elevations, the aeeesswy dwelling unit deer may b I. F 7 'd d ' tl visible ftem theright F on ccc � t O Wall and/or Cenee D7 A six (6) C et high wall a slid fenee shall be p .:ded and maintained en the rear- yard boundwy ef any lot eentaining an aeeesseFy dwelling unit. Said wall 1'd fenee shall a c..ly with this Code : ..elation to height and 1eealien � appmv ed b the ..le a d: ete 10. Windows and doers aleng the side afi&er fear prepei4y lines. Ne wifidews anwer deers shall L. 1 d hi 10 feet C em the side anWe..ear- pr-epe.w , lines. 1410. Recorded Covenants. Before obtaining a permit for an accessory dwelling unit, the property owner shall file with the county recorder a declaration or agreement of restrictions eyAft-Ashmew eF the easemefft e f reelesu-e which has been approved by the city attorney as to its form and content, describing restrictions that allows for and the continued use of the accessory dwelling as follows: a. the accessory dwelling unit shall not be sold separately from the primary residence; b. the accessory second unit is restricted to the maximum size allowed per the development standards set forth in this section; C. starting in T___ 1 2025 the aeeessery dwelling :t shall be eenside ed Ie e11.. al iequireems; and d. the restrictions shall be binding upon any successor in ownership of the property, and lack of compliance shall result in legal action against the property owner for noncompliance with the requirements for an accessory dwelling unit. In the event of violation, the property owner shall be responsible for all fees and penalties, as well as the city's enforcement costs. 4-211. Conversion of existing primary unit. An existing primary dwelling may be converted to an accessory dwelling unit if it complies with all applicable requirements of this ordinance. If so, a new, larger primary residence may be constructed. 4312. Design requirements for new units. All new accessory dwelling units must comply with the following design requirements: Resolution No. 20-6063 Code Amendment No. 19-06 December 8, 2020 Page 10 The exterior materials, colors, roof pitch and architecture shall match the primary unit. b. Accessory dwelling units shall not exceed 16 feet in height, unless the accessory dwelling unit is a conversion of an existing second floor area, a second -story addition to an existing residence, or is located on the second -floor of a new two- story house. d , h. 1_._, era = ="=- - - .. ---.,.,, r-- , .,.1 . the base zening distFiet, whieheveF is less.� i All second -story additions to an existing residence, and/or new two-story homes shall require the approval of an administrative use permit per Section 26- 270 of the West Covina Municipal Code. ii Exterior staircases serving second -floor accessory dwelling units shall not be located in between the property line and the existingbuilding. uilding. Lighting shall not spill be directed on to neighboring lots. Any attached accessory dwelling unit shall be attached to the living area of the primary dwelling unit by a common wall or floor/ceiling, and not simply by an attached breezeway, porch, or patio. 4- 13. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. 26-685.50 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Exceptions. Accessory dwelling units shall be approved for the following types of accessory dwelling units, regardless of whether the applicant meets the development standards contained in this Title. in yaRy rael , ith a single f ily dwelling have Faere aeeesseFy dwelling unit on site or- FneFe than one junier- aeeessery dwelling unit per- site. in no event may any par -eel mith a multi family housing unit have iner-a than two aeeesseFy dwelling units isefy dwelling Accessory dwelling units and iunior accessory dwelling units are accessory to the primary use.dwe4li Anil. Therefore, accessory dwelling units and Junior accessory dwelling units shall not have its own utility meter and shall share utility connections with the primary use.-.,or�ed Resolution No. 20-6063 Code Amendment No. 19-06 December 8, 2020 Page 11 a. For Single Family Dwelling lots in residential zones, either: i. One accessory dwelling unit and one junior accessory dwelling unit per lot may be constructed. ,.�' an exis6ngor-proposed single family dwelling. existing aeeessery stfiietur-e (as that te is defined ift Gevemment Cede than 150 square feet boyend the physieal dimensions efthe existing aeeesseff .4Fuetu e to ___..._... ea_'-_ ingress and egfess. Each accessory dwelling unit and junior accessory dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety and comply with all other setback requirements. If the unit is a junior accessory dwelling unit, it must also comply with the requirements of Section 26-685.70 below; or ii. One detached, new construction, accessory dwelling unit with setbacks of at least four (4) feet from side and rear yards and in compliance with front yard setbacks, no more than eight hundred (800) square feet floor area, and a height not exceeding sixteen (16) feet on a lot with an existing or proposed single family dwelling. No windews and deers shall be leeated wiIhin 10 c On a lot with an existing multifamily residential use i. Accessory dwelling units may be constructed in areas that are not used as livable space within an existing multi -family dwelling structure (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior accessory dwelling units permitted on the lot shall not exceed twenty-five percent (25%) of the current number of units of the multi -family complex on the lot and at least one such unit shall be allowed; and ii. Up to two (2) detached accessory dwelling units may be constructed, provided they are no taller than sixteen (16) feet, and they have at least four (4) feet of side and rear yard setbacks. Detached accessory dwelling units constructed pursuant to this subsection (b) shall not exceed one thousand two hundred (1,200) square feet in floor area. Accessory dwelling units approved under this Section 26-685.50 shall not be rented for a term of 30 days or less. Accessory dwelling units or junior accessory dwelling units approved under this Section 26-685.50 shall not be required to correct legal nonconforming zoning conditions as a pre -condition to obtaining this authorization. 26-685.60 Accessory dwelling units —General plan consistency. In adopting these standards, the city recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan, as dictated under state planning and zoning law applicable to accessory dwelling units. Resolution No. 20-6063 Code Amendment No. 19-06 December 8, 2020 Page 12 26-685.70 Junior Accessory Dwelling Units. 1. Purposes: This section provides standards for the establishment of junior accessory dwelling units. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing or proposed single family residence and requires owner occupancy in the single-family residence where the unit is located. 2. Size: A junior accessory dwelling unit shall not exceed 500 square feet in size. 3. Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner -occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time. 4. Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel. 5. Short term rentals: The junior accessory dwelling unit shall not be rented for periods of 30 days or less. 6. Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be entirely within a single-family residence; an attached garage is considered a part of the residence. 7. Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. 8. Parking. No additional parking is required beyond that already required for the primary dwelling. 9. Fire Protection; Utility Service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling. 10. Deed Restriction. Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from Resolution No. 20-6063 Code Amendment No. 19-06 December 8, 2020 Page 13 the sale of the single-family residence, requires owner -occupancy consistent with subsection (3) above, does not permit rentals for periods 30 days or shorter, and restricts the size and attributes of the junior dwelling unit to those that conform with this section. SECTION 2. Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") under Public Resources Code section 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines sections 15282(h) [statutory exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to land]. This ordinance is also exempt under CEQA Guidelines section 15061, because this ordinance will not have a significant effect on the environment, because ADUs will largely constitute infill housing which is exempt from CEQA. SECTION 3. Inconsistencies. Any provision of this ordinance which is inconsistent with state law shall be interpreted in a manner to be consistent with state law. Any provision of the West Covina Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 4. Severabiffty. If any section, subsection, 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 of the City of West Covina hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 5. Effective Date. This Ordinance shall take effect and be in force thirty (3) days from and after the date of its passage. SECTION 6. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. SECTION 7. Transmit Ordinance to HCD. The City Clerk is directed to send a copy of this ordinance to the Department of Housing and Community Development within 60 days of the adoption of this ordinance. PASSED, APPROVED AND ADOPTED this _day of 2020. Tony Wu, Mayor APPROVED AS TO FORM ATTEST Resolution No. 20-6063 Code Amendment No. 19-06 December 8, 2020 Page 14 Thomas P. Duarte Lisa Sherick City Attorney Assistant City Clerk Resolution No. 20-6063 Code Amendment No. 19-06 December 8, 2020 Page 15 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF WEST COVINA ) I, Lisa Sherick, Assistant City Clerk, of the City of West Covina, custodian of the original records, which are public records which I maintain custody and control for the City of West Covina do hereby certify the foregoing Ordinance, being Ordinance No. _as passed by the City Council of the City of West Covina, signed by the Mayor of said Council, and attested by the Assistant City Clerk, at a regular meeting of the City Council held on the , and that the same was passed by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINED: Lisa Sherick Assistant City Clerk ENVIRONMENTAL REVIEW: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and is found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3), as this ordinance cannot create any significant effect on the environment and pursuant to 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 65852.2 of the Government Code" are Statutorily Exempt from the requirements of CEQA. Prepared by: Jo -Anne Burns, Planning Manager Attachments Attachment No. 1 - Ordinance No. 2480 Attachment No. 2 - Planning Commission Resolution No.20-6063 Attachment No. 3 - Dec. 8, 2020 Planning Commission Staff Report CITY Enhance the City Image and Effectiveness COUNCIL GOALS & OBJECTIVES: ATTACHMENT NO.3 AGENDA ITEM NO.3. DATE: December 8, 2020 PLANNING DEPARTMENT STAFF REPORT SUBJECT CODE AMENDMENT NO. 19-06 STATUTORY EXEMPTION APPLICANT. City of West Covina LOCATION: Citywide REQUEST- The proposed code amendments consist of certain amendments to the Zoning section of the West Covina Municipal Cock to modify standards for Accessory Dwelling Units. The proposed code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and 15282(h). BACKGROUND In September 2019 the State Legislature adopted Senate Bill (SB) 13 and Assembly Bills (AB)68, 670, and 881 which were signedby Governor Newsom in October 2019 andtookeffect January 1, 2020. Cities thatdo not adopt an ordinance pertaining to accessory dwelling units (ADUs) in compliance with State law were required to follow the standards described in the Goverment Code. Based on the actions of the state, on November 26, 2019, the Planning Commission initiated Code Amendment 19-06 on a 3-2 vote (Kennedy and Redholtz opposed). Due to time constraints, the City Council adopted the Urgency Ordinance on December 17, 2019, which went into effect January 1, 2020. The Urgency Ordinance reflected the City's best interpretation, keeping in mind previous directives from the Department of Housing and Community Development ("HCD") with the intent that the City will revise the Ordinance once continents and feedback are received from HCD. On October 5, 2020, the City conducted a virtual meeting with HCD and were informed that the Ordinance addressing ADUs was inconsistent with State Law. Staff prepared a draft revision to the ADU Ordinance, which was also submitted for HCD review. This item was originally scheduled for the November 10, 2020 Planning Commission meeting. However, staff did not receive comments from HCD until November 9, 2020; therefore the item was continued to December 8, 2020. DISCUSSION The Ordinance before the Cormurrission has been reviewed by HCD and is fully compliant with State law. The following is a summary of the proposed changes: ATTACHMENT NO.3 • Clarifies that ADUs are allowed on all properties with single-famly and multi -family uses, and not limited to residential zones. • Deleted limitations regarding the number of bedrooms allowed within an ADU. The City is not allowed to limit the number of bedrooms allowed in ADUs. • Clarifies that all properties are allowed to have at least an 800 square foot attached ADU and that there is not a limitation on floor area for ADUs created by converting existing habitable and/or nonhabitable floor area. • Deleted references to not allowing a separate address. • Clarifies that ADUs and JADUs are accessory to the primary residential use and are required to share utility connections with the primary use. • Clarifies that detached ADUs on inaltifamily residential properties are limited to 1,200 square feet. • Clarifies that new or upgraded utility connections are not required for existing structures converted into ADUs. • Deleted references to reverse comer lots. The City is not allowed to require side setbacks greater than 4 feet, no matter how the lot is configured. • Deleted provisions regulating the location of the ADU front entry, windows, and dooms. The City is not allowed to regulate the location of the front entry, nor limit the floor plan by regulating the location of dooms and windows. • Deleted requirements for fences/walls. The City is not allowed to require fences or walls because the requirement is an additional expense that may make it financially feasible for the property owner to construct an ADU. • Deleted requirement for the lien holdem's signature on covenants. • Clarifies that ADUs up to 16 feet in height may be constructed. • Clarifies that second floor additions and new two-story homes require the approval of an administrative usepemmit. • Clarifies that exterior stairs are not allowed to be located between the house and the property line. • Deleted requirements for accessibility. ADUs are exempt from the Americans with Disabilities Act requirements. • Clarifies that an attached garage is a part of the residence when detemrining whether a Junior Accessory Dwelling Unit is attached to the primary residence. ENVIRONMENTAL DETERMINATION The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and is found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3), as this ordinance cannot create any significant effect on the environment and pursuant to 15282(h), which states that "the adoption of an ordinance regarding second units in a single- family or mukifamily zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code" are Statutorily Exempt from the requirements of CEQA. STAFF RECOMMENDATIONS Staff recommends that the Planning Commission adopt Resolution No. 20-6063, recommending that the City Council approve Code Amendment No. 19-06 Subndtted by: Jo -Anne Bums, Planning Manager ATTACHMENT NO.3 Attachmnfs Attachment No. 1 - Resolution of Approval F.110 FEW 1101 Diem sereml ORDINANCE NO.2480 AN ORDINANCE OF THE CITY COUNCIL OF WEST COVINA, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 26 OF THE MUNICIPAL CODE TO AUTHORIZE ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS WHEREAS, effective January 1, 2020, multiple new housing laws relating to accessory dwelling units (ADUs)became law, including AB 68, AB 881, SB 13, AB 587, AB 670, and AB 671; and WHEREAS, effective January 1, 2021, AB 3182, a new housing law which includes certain standards relating to ADUs, became law; and WHEREAS, to preserve what limited authority the City has remaining to regulate ADUs, A is desirable that the City update its laws consistent with State law; and WHEREAS, on December 8, 2020, the Planning Commission conducted a duly noticed public hearing as prescribed by law regarding proposed Code Amendment No. 19-06. At the conclusion of the public hearing, the Planning Commission approved Planning Commission Resolution No. 20-6063, recommending that the City Council approve Code Amendment No. 19-06; and WHEREAS, on April 6, 2021, the City Council conducted a duly noticed public hearing as prescribed by law regarding this ordinance approving Code Amendment No. 19-06; and WHEREAS, the City Council has duly considered all information presented to it, including written staff reports and any testimmny provided at the public hearing, with all testimony received being made a part of the public record. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Code Amendment. Division 11 (Accessory Dwelling Units) of Article XII (Special Regulations for Unique Uses) of Chapter 26 (Zoning) of the West Covina Municipal Code is hereby amended to read as follows: Division 11. Accessory Dwelling Units Sec. 26-685.30. - Accessory dwelling units and junior accessory dwelling units —Purpose, definitions, occupancy. (1) Purpose and Interpretation. The intent of this Section is to ensure that accessory dwelling units and junior accessory dwelling units remain as an accessory use to a single-family and multifamily residential usesresidenee, that the structures on parcels are organized to accommodate an accessory dwelling unit, and/or junior accessory dwelling unit, and that such dwelling units do not adversely impact surrounding residents or the community. This Division is intended to retain the maximum ability of the city to regulate accessory dwelling units and to comply with the requirements of state law, but s4, to a,e e w a.e eky is required tR .1.. go. N..mithst..... ing aff other p of ah—is alzigie.. to the ' dwegin tl.e e3a@14 r@quiF@d by state la (2) Definitions. a. The term "accessory dwelling unit", `public transit", `passageway" and "tandem parking" all have the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. b. `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 time to time. (3) Occupancy. Except as otherwise provided by law (e.g., Government Code section 65852.26), accessory dwelling units and junior accessory dwelling wilts may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. Sec. 26-685.31 - Accessory dwelling units —Application for accessory dwelling unit permit. (1) Accessory dwelling units are permitted only in r-esidential zones areas zoned to allow multifamily and single family residential, subject to the issuance of a budding permit. Any application for an accessory dwelling unit that meets the unit size standards and development standards contained in Sections 26-685.30 or 26-685.40 of this division, or is the type of accessory dwelling unit described in Subsection 26-685.50 of this division, shall be approved ministerially by the city by applying the standards herein and without apublic hearing. (2) An application for an accessory dwelling unit permit shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the city on a city -approved application form and subject to the established fee set by city council resolution as it may be amended from time to time. (3) Applications for accessory dwelling units shall conform to the requirements for, and shall obtain, a building permit consistent with the requirements of Chapter 7 (Buildings and Building Regulations) of the Municipal Code. Sec. 26-685.32. -Accessory dwelling routs —Unit size standards. Except as otherwise provided in Section 26-685.50 of this division, below, all accessory dwelling units shall not exceed the size standards listed below. No aeeessoi3, dw@llag u4 may con (1) Attached accessory dwelling units: The maximum floor area of an attached accessory dwelling unit shall be the higher of: a. 850 square feet for an accessory dwelling unit with 0-1 bedrooms or 1,000 square feet for an accessory dwelling unit with two (2) or more bedrooms; or b. If there is an existing primary single-family dwelling, 50% of the square footage of the existing primary single family dwelling; or C. All properties developed with a residential use shall be allowed to construct at least an 800-square foot accessory dwelling unit with four -foot side and rear setbacks; or d. Existing habitable and/or nonhabitable areas may be converted into an attached accessory dwelling unit without any size and/or setback limitations. (2) Detached Units. A detached accessory dwelling unit shall not have more than one thousand two hundred (1,200) square feet of living area. (3) Setback requirements. a. No setbacks are required for: either (i) those portions of accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units or (ii) constructing new accessory dwelling units in the same location and to the same dimensions as an existing structure. b. For all other accessory dwelling units, there mast be a minimum of four (4) feet of setbacks from side and rear lot lines and comply with all applicable front yard setbacks. C. The nrinimum required distance between a detached accessory dwelling unit and the primary dwelling unit, and all other structures, including garages, on the property, shall be ten (10) feet. Sec. 26-685.33. - Accessory dwelling units —Development standards. Any permit for an accessory dwelling unit shall be subject to the development standards listed below. (1) Legal lottresidence. An accessory dwelling unit shall only be allowed on a lot within the city that contains a legal, single-family or multi- family residence as an existing or proposed primary unit on a lot. (2) Accessory dwelling units and junior accessory dwelling units are accessory to the primary use.4we&4g--earn Therefore, accessory dwelling units shall not have its own separate utility meter and shall share utility connections with the primary use. an a.l.lwss s a fir,.... & pp:in�dwell: ,rile..s the a , dwelling ..1...... aPA ^..phew♦:.. ..hag elead ide..t:F., & uPA & p sed a r .]..,elling (3) Nuunber of accessory dwelling wets per lot. a. For lots with proposed or existing single-family residences, no more than one LL accessory dwelling unit and one (1) junior accessory dwelling unit may be on the lot. b. For lots with existing multi -family residential dwellings: No more than twenty-five percent (25%) of the number of the existing units, but at least one (1) emit, shall be pernutted as accessory dwelling units constructed within the non -livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; or I No more than two (2) detached accessory dwelling units, provided that no such unit shall be more than sixteen (16) feet in height, and each such unit complies with front yard setbacks, and meets rear -yard and side yard setbacks of four feet. The maximum square footage of detached accessory dwelling units on lots with existing multi family residential dwellings shall ^^the .be limited to one thousand two hundred (1,200) square feet of living area. (4) Building Code Compliance. All new accessory dwelling units must comply with Chapter 7 of the Municipal Code (`Buildings and Budding Regulations') and any other applicable provisions of the California Budding Standards Code. However, fire sprinklers shall not be required if they are not required for the primary residence. (5) Utilities. a. All accessory dwelling units and junior accessory dwelling units must be connected to public utilities (or their equivalent), including water, electric, and sewer services. Accessory dwelling units and iunior accessory dwelling units shall not have its own separate utility meter and shall share utility connections with the primary use. b. All accessory dwelling units and junior accessory dwelling units shall have adequate water supply and sewer service. C. No overhead utility lines are to be relocated or otherwise modified to permit construction of an accessory dwelling unit or junior accessory dwelling unit. If existing overhead utility lines are to be relocated or otherwise modified to permit construction of an accessory unit, such lines shall be converted to underground services. d. , the City may require the installation of a new or upgraded utility connection for die a new accessory dwelling unit structure essat�dwelling unit Apa and/or the existing house to accommodate the additional burden of the proposed accessory dwefling unit on the existing utility infrastructure. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based on either its square feet or number of drainage fixture unit values. New or upgraded utility connection shall not be required for existing structures converted into accessory dwelling units. FOquired (6) Parking. a. The City shall require the owner to provide one (1) parking space unless the accessory dwelling unit has no bedrooms (e.g., a studio), in which case no space is required. The required parking space shall have a minimum dimension of ten (10) feet in width and twenty (20) feet in depth. The required parking space may be provided as: i Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or ii. Within a setback area or as tandem parking in locations determined feasible by the City for such use. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that such parking is not permitted anywhere else in the City. b. Notwithstanding the foregoing, no parking space shall be required for an accessory dwelling wit if. i It is located within one-half mile walking distance of public transit; ii. It is located within an architecturally and historically significant district; iii. It is part of a proposed or existing primary residence or accessory structure; iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or V. Where there is a car share vehicle located within one block of the accessory dwelling unit. C. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces do not have to be replaced. (7) Siting. Detached accessory dwelling units may not be located within the area between the front property line and the line parallel to, and touching, the back of the primary residence. FRr- e e e 1 , « lets ..a,e«e a l,e....e :s Fein and lae ted fFonting on a street ..:,le .. .w., line, an aeeesssFy ,1...,.n:.. ,. .. L...11 Hott l.e 1,.,... t,.,l ...:N.:o N-- - .. 7.,.�..,.,... the side p »..e .....1 ., l:..e .. «..11el o the rao t distaPA PaI4 of thp, he....e f«e... thO (8) Exterior Access. The entrance to an accessory dwelling unit, shall be separate from the entrance to the primary dwelling unit. Aiia sl4all . t 1.e on a,e "nt elevn,tie. 4 te..8........1... (9) Recorded Covenants. Before obtaining a permit for an accessory dwelling unit, the property owner shall file with the county recorder a declaration or agreement of restrictions .....] aH HgF@@WI@Rt tO R.L.e«.1:.. te.] by alWfl-igr1:0401.1 e«.. OR title :..hment of Rho e 4.«e,.le....«e which has been approved by the city attorney as to its form and content, describing restrictions that allows for and the continued use of the accessory dwelling as follows: a. the accessory dwelling unit shall not be sold separately from the primary residence; b. the accessory second unit is restricted to the maximum size allowed per the development standards set forth in this section; C.star*T... uar-. 1 2025, the aeoessory dwelling upiit sh-al1 be-, a side«e.] legal �d d. the restrictions shall be binding upon any successor in ownership of the property, and lack of compliance shall result in legal action against the property owner for noncompliance with the requirements for an accessory dwelling unit. In the event of violation, the property owner shall be responsible for all fees and penalties, as well as the city's enforcement costs.