Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of July 24, 2023
SUBJECT: Second Reading of Ordinance No. 426, Amending the Yucaipa Municipal Code Regarding Accessory Uses to be in Compliance with State Law Updates and to Streamline the Review of Attached Parking and Architectural Additions for Accessory Dwelling Units and Finding the Amendments Exempt from the California Environmental Quality Act
RECOMMENDATION:
That the City Council approve the second reading of Ordinance No. 426, an Ordinance of the City Council of the City of Yucaipa, California, Amending the Yucaipa Municipal Code Regarding Accessory Uses to be in Compliance with State Law Updates and to Streamline the Review of Attached Parking and Architectural Additions for Accessory Dwelling Units and Finding the Amendments Exempt from the California Environmental Quality Act.
Attachment:
1. Ordinance No. 426
Approved By:
ATTACHMENT 1
ORDINANCE NO.426
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, AMENDING THE YUCAIPA MUNICIPAL CODE
REGARDING ACCESSORY USES TO BE IN COMPLIANCE WITH
STATE LAW UPDATES AND TO STREAMLINE THE REVIEW OF
ATTACHED PARKING AND ARCHITECTURAL ADDITIONS FOR
ACCESSORY DWELLING UNITS AND FINDING THE AMENDMENTS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings
A. Effective January 1, 2022 and January 1, 2023 respectively, Assembly Bill 345 (AB 345) and Assembly Bill 2221 ("AB 2221") amend Government Code Section 65852.2 to further limit the standards cities may impose on accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"). To comply with State law, the City must update its local ordinance regulating ADUs.
B. At the direction of the City's Planning Commission at the regular Planning Commission Meeting of April 19th, 2023, and in accordance with the City of Yucaipa Housing Element, staff has been directed to streamline the review of accessory dwelling units (ADUs) which have a footprint of over 1,200 square feet in order to accommodate enclosed parking and non -habitable architectural additions.
C. The Planning Commission considered this Ordinance on June 7, 2023, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter.
D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission voted to recommend approval of the Ordinance by the City Council.
E. The City Council, at a regular meeting, considered the Ordinance on June 26th, 2023, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or against this matter.
F. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.
G. In approving the proposed Municipal Code amendments, the City Council hereby finds that the Ordinance is consistent with the goals, policies, programs, and guidelines of the General Plan, including the Housing Element, as follows:
a. CDL-1.1 Places to Live. Provide sites for a range of housing types, locations, and densities in a variety of neighborhood settings equipped with amenities that support a high quality of life.
b. HN-2.1 Balanced Housing Stock. Designate adequate land for a broad range of types of housing, including single-family attached and detached, multiple -family housing, and mixed uses located in accordance with the land use and community design element.
C. HN-2.8 Accessory Dwellings. Facilitate the development of well -designed accessory dwelling units that can expand rental housing opportunities for individuals and families seeking affordable housing.
d. HN-3.1 Design Features. Require new and rehabilitated residential units to be well designed, with appropriate attention to site planning, materials and colors, building treatments, landscaping, open space, parking, and environmentally sustainable practices.
e. HN-3.2 Entitlement Process. Offer flexible entitlement processes that facilitate innovative and imaginative housing solutions, yet balance the developer's need for predictability in the approval process, governmental regulation, and oversight. f. HN-3.3 Housing Incentives. Facilitate the development of market rate and affordable housing through regulatory incentives (e.g., density bonus), permit processing (e.g., planned development), and other incentives, where feasible and appropriate.
g. HN-5.4 Family Housing. Facilitate and encourage the development of a range in types and affordability of family housing and the provision of supportive services to improve the long-term wellbeing of Yucaipa's families and children. h. HN-5.6 Fair Housing. Promote equal and fair housing opportunities for residents of all types, ages, and income levels to ensure adequate choices to reside in the housing best suited to their individual needs.
Section 2. Municipal Code Amendments. Section 84.0510 (Uses Accessory to Primary Residential) of Chapter 5 (Accessory Uses) of Division 4 (Land Uses) of the Yucaipa Development Code is hereby amended in its entirety to read as follows:
"84.0510 Uses Accessory to Primary Residential.
(f) Special Use Permits shall be required for the following uses:
(1) Exotic animals.
(2) Private kennels.
(3) Dependent housing.
(4) Newly constructed detached carports and/or garages over 1,200 sq. ft. in area, or over 20 ft. in height, or of an unconventional design (commercial or industrial). (5) Newly constructed accessory structures, barns, workshops and/or guest housing over 1,200 sq. ft. in area, or over 20 ft. in height, or of an unconventional design (commercial or industrial).
(6) Any newly constructed, detached Additional Dwelling Unit, defined by Development Code Section 84.0570, that exceeds a total footprint of 1,850 square feet; including, no more than 1,200 square feet of habitable space, no more than 400 feet of non -habitable garage space and no more than 250 square feet of non -habitable architectural additions, such as patio covers and less than twenty feet in height shall not be subject to the Special Use Permit. Structures that exceed this footprint and size are subject to the Special Use Permit requirement."
Section 3. Municipal Code Amendments. Section 84.0570 (Accessory Dwelling Units) of Chapter 5 (Accessory Uses) of Division 4 (Land Uses) of the Yucaipa Development Code is hereby amended in its entirety to read as follows:
"84.0570 Accessory Dwelling Units
(a) Purpose
The purpose of these provisions is to establish procedures for permitting an accessory dwelling unit on lots zoned for residential uses; to implement state law requiring consideration for such uses; and to protect and preserve existing neighborhoods by ensuring comprehensive established standards. (b) Definitions
The following definitions apply to this section only:
ACCESSORY DWELLING UNIT or ADU means an additional attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. The ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the primary residence is located. The term "ADU" also includes an "efficiency unit" as defined in Health and Safety Code Section 17958.1 and a "manufactured home" as defined in Health and Safety Code Section 18007.
JUNIOR ACCESSORY DWELLING UNIT or JADU means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
PRIMARY DWELLING UNIT means the existing or proposed single-family residence that is located on the lot where the accessory dwelling unit will be constructed or converted.
MULTIFAMILY UNIT means a structure with two or more attached dwellings on a single lot. Multiple detached single -unit dwellings on the same lot are not considered multifamily dwellings for the purposes of this section. (c) Accessory Dwelling Unit Requirements
(1) Application Procedure
(A) Where an ADU or JADU permit application is submitted with an application for a single-family dwelling or multi -family dwelling that is subject to discretionary review under the Development Code, the ADU or JADU permit application will be considered separately without discretionary review or a public hearing, following action on the portion of the project that is subject to discretionary review.
(B) Except as provided in subsection (C), an applicant must submit an application for Land Use Compliance Review. Any ADU that meets the standards in subsections (2) through (12) herein shall be approved by the Community Development Director or designee within 60 days from the date the City receives a completed application if there is an existing single-family dwelling on the lot, or as otherwise required by Government Code Section 65852.2, as that section may be amended from time to time. In addition to obtaining affirmative approval through Land Use Compliance Review, the applicant shall be required to obtain a building permit and any other applicable construction permits prior to the construction of the ADU. (C) An applicant shall not be required to submit an application for Land Use Compliance Review and may instead seek building permit approval for an ADU or JADU that satisfies the requirements of: (i) the California Building Standards Code, as amended by the City, and (ii) Government Code Section 65852.2(e)(1), as the same may be amended from time to time. This type of ADU or JADU does not need to comply with the requirements of subsections (2) through (12) herein. An ADU or JADU approved by this "building permit only" process shall be rented only for terms of 31 days or longer. The property owner shall record a declaration of restrictions, in a form approved by the City Attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (i) the ADU or JADU is to be rented only for terms of 31 days or longer, unless State law and the City's Municipal Code are both amended to allow short-term rentals; and (ii) the ADU or JADU is not to be sold or conveyed separately from the Primary Dwelling Unit, except for those ADUs which meet the requirements provided by Government Code Section 65852.26. Proof of recordation of the covenant shall be provided to the City before the final building permit may be issued for the ADU or JADU. In
accordance with the standards set forth in Government Code section 65852.22, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards, in which case State law standards will govern:
(I) A JADU shall be a minimum of 220 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a JADU.
(II) A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling.
(III) A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.
(IV) A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing single-family dwelling. (V) A JADU shall include an efficiency kitchen meeting the requirements of Government Code Section 65852.22.
(VI) No additional parking shall be required for a JADU. (VII) Unless State law is amended, the JADU or single family residence shall be occupied by the owner of record.
(2) Local ADU Standards
An ADU may only be permitted on lots w:*W,, a residential zoning a:s on a lot that allows for residential uses on which there is ene an existing or proposed prima dwelling unit aria no seee .a dwelling ..,,:*, as defined in Section 812.04158 of the Development Code. Only one ADU shall be permitted on any one with single family development. ADUs on lots that include multifamily units may include two (2) detached ADUs, and if converting from existing non -habitable space, may include at least one ADU and up to 25 percent of the existing or proposed multifamily units. ADUs approved in conformance with this Chapter do not exceed the allowable density for the lot upon which the ADU is located and shall be considered a residential use that is consistent with the existing general plan and zoning designation for the lot. The ADU shall provide complete and independent living facilities. Except as otherwise provided in this section, the lot upon which the ADU is to be established shall conform to all general development standards of the land use district in which it is located, except where the application of the regulations would not permit construction of an 800 square foot ADU that is 16 feet i heigl# with four -foot side and rear yard setbacks and which meet at least one of the following height requirements: 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit, 18 feet for a detached accessory dwelling unit on a lot with an
existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high -quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling, or a height of 25 feet for an accessory dwelling unit that is attached to a primary dwelling and is no taller than the attached unit. The permitting of any ADU shall be subject to applicable Development Impact Fees, as allowed by Government Code Section 65852.2, as that section may be amended from time to time. (3) Size Restrictions
The ADU may be either an attached or detached unit. If the ADU is an attached unit, the ADU shall not exceed fifty (50) percent of the area of the primary dwelling unit or one thousand two hundred (1,200) square feet, whichever is smaller with a minimum allowance for an 800 square foot ADU. If the ADU is a newly constructed, detached unit, the unit shall not exceed 1,200 square feet of habitable square footage. An ADU may exceed 1,200 square feet to provide enclosed parking consisting of no more than 400 square feet or to provide additional non -habitable architectural features, such as a patio cover, of no more than 250 square feet without the requirement of a Special Use Permit review. No ADU shall be smaller in size than an "efficiency unit" as defined in Section 17958.1 of Health and Safety Code.
(4) Rental and Transfer
The ADU may be rented, subject to the limitations on short term rentals, but shall not be sold, transferred or assigned separately from the primary dwelling unit with the exception of those which meet the requirements provided by Government Code Section 65852.26. The ADU shall not be used for rentals of less than thirty- one (31) consecutive days.
(5) Covenant Required
Within thirty (30) days of the issuance of a Land Use Compliance Review or a building permit for an ADU pursuant to this section, the owner of record shall record a covenant, in a form satisfactory to the City Attorney, which shall place future buyers on notice of the maximum size of the ADU as set forth in this subsection (c), the required amount of off-street parking to be provided for the ADU, that the ADU may not be sold, transferred or assigned separately from the primary dwelling unit (except for those which meet the requirements of Government Code 65852.26 (a)), that the ADU may not be used for short term rentals for less than thirty-one (31) consecutive days, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the County of San Bernardino, and a copy of the covenant shall be filed with the office of the City Clerk.
(6) Setbacks
No setback shall be required for an ADU that is constructed within an existing structure or within a structure constructed in the same location and dimensions as an existing structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet. ADU's shall meet all required front and street side setbacks, except those which are exempt pursuant to the requirements provided by Government Code Section 65852.2(c)(2)(C).
(7) Utilities
The ADU shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling unit and need not be a separate set of services. Approval must be obtained from the City's Building and Safety Department and the County of San Bernardino's Environmental Health Department when an ADU will be using a septic system rather than connecting to the public sewer system.
(8) Parking Requirement
(A) One independent off-street parking space shall be provided, in addition to the parking spaces required for the primary dwelling unit, for an ADU. (B) The parking space(s) shall comply with all development standards set forth in Chapter 6 of Division 7 of the Development Code, except that the parking space(s) for the ADU may be located in setback areas or through tandem parking.
(C) Notwithstanding the foregoing requirements, no additional parking space is required for an ADU that satisfies any of the following conditions:
(I) It is located within one-half mile walking distance of public transit;
(II) It is located within an architecturally and historically significant historic district;
(III) It is part of the proposed or existing primary residence or an existing accessory structure;
(IV) It is located in an area where on -street parking permits are required but not offered to the ADU occupant; or
(V) It is located within one block of a car share vehicle pick-up or drop-off location.
(9) Design
The ADU shall match the design of the pri-maryLexisting or proposed unit(s) in terms of landscaping, color, building materials, and exterior treatment, and any applicable City-wide design guidelines. Any detaehed ^ W shall be lee^ted behind dwellingthe pfimafy
unit such that the ADU shall not extend beyond the
unit where suesueh pfimary unit faces ^ right of This includes the roof pitch, r. b �
window trim elements, and architectural detailing, such as knee braces, that are found on the front facade of the primary residence. A paved pathway connecting the primary street to the front door of the accessory dwelling unit shall be provided.
(10) Historic Resources
Any ADU that has the potential to adversely impact any historical resource listed on the National Register or the California Register of Historic Resources, shall be designed and constructed in accordance with the "Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" found at 36 CFR
68.3, as amended from time to time. However, these standards shall be sufficiently objective to allow ministerial review of an ADU. (11) Fire Sprinklers
ADUs are required to provide fire sprinklers only if they are required for the Primary Dwelling Unit.
(12) Building Standards
ADUs shall comply with the California Building Standards Code, as amended by the City."
Section 4. CEQA
The City Council finds and determines that the amendments set forth herein are exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., ("CEQA") and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because this Ordinance implements the provisions of Government Code Section 65852.2 and is therefore exempt from CEQA pursuant to Public Resources Code Section 21080.17 and California Code of Regulations Section 15282(h). To the extent that any provision of this Ordinance is not exempt pursuant to Section 15282(h), the amendments are not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Section 5. Submittal of Ordinance
The Community Development Director, or his designee, shall submit a copy of the Ordinance to the Department of Housing and Community Development within 60 days after adoption of this Ordinance.
Section 6. Internal Consistency
Any provisions of the Municipal Code, or any other resolution or ordinance of the City, to the extent that they are inconsistent with this Ordinance are hereby repealed, and the City Clerk shall make any necessary changes to the Municipal Code for internal consistency.
Section 7. Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any 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 passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 8. Effective Date
This Ordinance shall take effect thirty (30) days after its final passage.
Section 9. Publication and Posting.
The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the Yucaipa News Mirror, a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa, and hereby designated for that purpose by said Council of the City of Yucaipa: "Ordinance number 426 amending Chapter 5 (Accessory Uses) of Division 4 (Land Uses) of the Yucaipa Development Code, to update regulations pertaining to accessory dwelling units (ADUs) to ensure compliance with state law (including AB 2221 and AB 345) and amending Chapter 5 (Accessory Uses) and Chapter 6 (Special Uses) of the Yucaipa Development Code to streamline the review of detached ADUs which include attached parking and patio cover additions in accordance with the City's Housing Element." PASSED, APPROVED and ADOPTED this 24th day of July, 2023.
ATTEST:
Justin Beaver, Mayor
APPROVED AS TO FORM
Ana V. Sauseda, CMC Steven Graham, City Attorney
Director of General Services/City Clerk