HomeMy WebLinkAbout06-06-2017 Item 05 Ordinance Adoption to amend Title 17 of the Municipal Code associated with Accessory Dwelling Units Meeting Date: 6/6/2017
FROM: Michael Codron, Community Development Department
Prepared By: Jenny Wiseman, Acting Housing Programs Manager
SUBJECT: ADOPTION OF AN ORDINANCE INTRODUCED BY THE CITY COUNCIL
ON MAY 2, 2017 TO AMEND TITLE 17 OF THE MUNICIPAL CODE
ASSOCIATED WITH ACCESSORY DWELLING UNITS.
RECOMMENDATION
Adopt Ordinance No. 1634 (2017 Series) amending Title 17 of the San Luis Obispo Municipal
Code regarding Accessory Dwelling Units.
DISCUSSION
On May 2, 2017, the City Council voted 5:0 to introduced Ordinance No. 1634 (2017 Series),
which amends Title 17 of the City’s Municipal Code regarding Accessory Dwelling Units. The
Ordinance amends the City's existing Secondary Dwelling Unit Ordinance (Chapter 17.21.010 of
the Zoning Regulations) and other applicable sections to align with the amended state law, which
will allow the City to continue to regulate the development of accessory dwelling units consistent
with State standards.
The Ordinance reflects the amendments made at the meeting and is now ready for adoption. A
summary of the Ordinance was prepared and published in the local newspaper ten days prior to
the second reading. The amendment will become effective thirty (30) days after final passage of
the Ordinance.
ALTERNATIVES
1. The Council could reject adoption of the Municipal Code amendments. This is not
recommended because the Council previously voted to introduce the Ordinance and the
new ordinance is crucial to the continued regulation of accessory dwelling units.
2. The Council could continue final adoption of the proposed amendments and provide
direction to staff for research and revisions, which would require re-introduction of the
ordinance.
Attachments:
a - Ordinance No. 1634 (2017 Series)
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ORDINANCE NO. 1634 (2017 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE ASSOCIATED WITH
ACCESSORY DWELLING UNITS WITH A STATUTORY EXEMPTION
FROM ENVIRONMENTAL REVIEW (CODE-0107-2017)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street , San Luis Obispo, California, on
February 22, 2017 (CODE-0107-2017) and recommended the City Council adopt amendments to
the City’s Municipal Code related to the regulation of Accessory Dwelling Units (ADUs); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 2,
2017, for the purpose of considering amendments to the Municipal Code related to the regulation
of ADUs (CODE-0107-2017); and
WHEREAS, the City Council finds that the proposed amendments are consistent with
Assembly Bill 2299 and Senate Bill 1069, the City’s General Plan, the purposes of the Zoning
Regulations, and other applicable City ordinances; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. Pursuant to Public Resources Code section
21080.17, the adoption of an ordinance to implement Government Code section 65852.2 is exempt
from the California Environmental Quality Act (CEQA). Similarly, the ministerial approval of
ADU applications would not be a "project" for CEQA purposes, and environmental review would
not be required prior to approving individual applications.
SECTION 2. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed amendments to the City’s ADU regulations will not significantly alter the
character of the City or cause significant health, safety or welfare concerns, since the
amendments are consistent with the General Plan and directly implement City goals and
policies.
2. The proposed amendments to the City’s ADU regulations are consistent with Assembly
Bill 2299 and Senate Bill 1069 and Government Code section 65952.2
3. The proposed amendments to the City’s ADU regulations do not burden the development
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of ADUs within the City.
SECTION 3. Chapter 17.100. “Definitions, S.” (Single Family Dwelling) of the City of
San Luis Obispo’s Municipal Code is hereby amended to read as follows:
Single Family Dwelling. A building designed for and/or occupied exclusively by one
family, or one of more persons occupying premises and living as a single housekeeping
unit which is not attached to or located on a lot with commercial uses. Single family
dwellings contain one dwelling on one lot. Single family dwellings may also include
approved secondary accessory dwelling units. Also includes factory built, modular housing
units, constructed in compliance with the Uniform, Building Code (UBC), and mobile
homes/manufactures housing units that comply with the National Manufactured Housing
Construction and Safety Standards Act of 1974, places on permanent foundations.
SECTION 4. Chapter 17.21.010 (Secondary Dwelling Units) of the City of San Luis
Obispo’s Municipal Code is hereby repealed and replaced in its entirety to read as follows:
Chapter 17.21: Accessory Spaces
Sections:
17.21.010 Accessory Dwelling Units
17.21.020 Guest Quarters
17.21.030 Accessory Structures
17.21.010 Accessory Dwelling Units.
A. Purpose.
1. The purpose of this chapter is to provide for the creation of accessory dwelling units in a
manner that is consistent with requirements set forth in California Government Code
Sections 65852.2, as amended from time to time.
2. Implementation of this section is meant to expand housing opportunities by increasing the
number of smaller units available within existing neighborhoods.
B. Definitions.
For the purpose of this section, the following words and phrases have the meanings given them in
this section:
1. “Accessory dwelling unit” means an attached or detached dwelling unit which provides
complete independent living facilities for one or more persons and complies with all
provisions of this section. It shall include permanent provisions for living, sleeping, eating,
cooking and sanitation on the same parcel as the primary unit. An Accessory Dwelling Unit
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also includes the following:
a. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
2. “Director” means the director of the Community Development Department or his designate.
3. “Director’s Action” means the required submittal of an Administrative Approval Application
and review by the Community Development Director.
4. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street
to one entrance of the accessory dwelling unit. Passageways are not required for detached
accessory dwelling units.
5. “Primary unit” means the existing single-family residential structure on the site.
C. General Requirements.
1. Application. Where this section does not contain a particular type of standard or procedure,
conventional zoning standards and procedures shall apply.
2. Areas Where Accessory Dwelling Units Are Allowed. Upon meeting the requirements of
this section, accessory dwelling units may be established in the following zones: R-1, R-2,
R-3, R-4, and O, when the primary use on the site is a single-family dwelling.
3. Areas Prohibited. Accessory dwelling units shall not be established in any condominium
or planned development project unless specifically addressed in the planned development
ordinance as adopted or amended, or any mobile home subdivision, or trailer park.
4. No Subdivision of Property. No subdivision of property shall be allowed where an
accessory dwelling unit has been established unless the subdivision meets all requirements
of zoning and subdivision regulations.
5. Sale of Property. This section shall also apply to new owners of property where an accessory
dwelling unit has been established. All conditions of Director’s Action (if applicable),
restrictive covenants, and other contractual agreements with the city shall apply to the
property and the new owners.
6. Unit Types Allowed. An accessory dwelling unit may be either attached or detached from
the primary single family dwelling on the lot.
a. An attached accessory dwelling unit shall be defined as either attached to (by a
minimum of one shared wall), or completely contained within, the primary existing
space of the single family dwelling unit or existing accessory structure.
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b. A detached accessory dwelling unit shall be defined as new residential square footage
not attached or sharing any walls with the primary existing single family dwelling
unit.
7. Size of Accessory Dwelling Unit. The gross floor area of an accessory dwelling unit shall
be no less than an efficiency unit, and shall not exceed the lesser of fifty percent (50%) of
the primary unit’s existing living area or eight hundred (800) square feet. The Director may
authorize an exception to this standard up to 1,200 square feet by a Director’s Action, defined
above.
8. Accessory dwelling units are limited to one (1) unit per property.
D. Performance Standards and Compatibility.
1. Design Standards. Accessory dwelling units shall conform to all applicable development
standards included in the underlying zone such as height, yards, parking, building coverage,
etc. An accessory dwelling unit that conforms to this chapter shall not be considered to
exceed the allowable density for the lot upon which it is located, and shall be deemed to be
a residential use that is consistent with the existing general plan and zoning designations for
the lot.
a. Accessory dwelling units shall conform to all applicable building and construction
codes.
b. No passageway, defined above, shall be required in conjunction with the construction
of a detached accessory dwelling unit.
c. No setback shall be required for an existing garage that is converted to an accessory
dwelling unit, and a setback of no more than five feet from the side and rear lot lines
shall be required for an accessory dwelling unit that is constructed above a garage.
d. Accessory dwelling units shall not be required to provide fire sprinklers if fire
sprinklers are not required for the primary residence.
e. No additional parking spaces shall be required for an accessory dwelling unit.
i. Replacement of Required Parking for Primary Unit: When a garage, carport,
or covered parking structure is demolished or converted in conjunction with
the construction of an accessory dwelling unit, replacement parking spaces
may be located in any configuration on the same lot as the accessory dwelling
unit, including but not limited to covered spaces, uncovered spaces, or tandem
spaces.
f. Accessory dwelling units on listed historic properties and in historic districts shall be
found consistent with the Historic Preservation Ordinance including Historic
Preservation Guidelines and Secretary of Interior Standards for the Treatment of
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Historic Properties.
g. Where ADUs are being created within an existing structure (primary or accessory),
no new utility connection or payment of impact fees shall be required. For all other
ADUs, a new utility connection for the ADU and payment of impact fees shall be
required.
2. Architectural Compatibility. Accessory dwelling units should be architecturally and
functionally compatible with the primary residence. The accessory dwelling unit shall
comply with the following design standards:
a. Architectural Style and Form. Architectural style and form shall match or be
compatible with the style and form of the primary residence on the property.
b. Materials. The materials of the accessory dwelling unit shall match or be compatible
with the materials of the primary residence on the property.
Compliance with these design standards shall be reviewed ministerially and be performed
during the building permit application process.
E. Procedure requirements.
An accessory dwelling unit that meets the standards contained in Section 17.21.010 shall be subject
to ministerial review (Building Permit) and approval without discretionary review (i.e. Use Permit,
Architectural Review, etc.) or public hearing. All applications shall be permitted within 120 days of
submission of a complete application which complies with all applicable requirements and
development standards as set forth in this Chapter.
Any application for an accessory dwelling that exceeds the lesser of fifty percent (50%) of the
primary unit’s existing living area or eight hundred (800) square feet may apply for a Director’s
Action, defined above, in which the Community Development Director may authorize an exception
to that standard.
F. Owner-Occupancy.
The owner of the property must occupy either the primary residence or the accessory dwelling unit.
The Director may waive this requirement in one (1) year increments, not to exceed a total of five
consecutive years, based on a showing of a hardship. A hardship shall include, but not be limited to,
inheritance of property with an accessory dwelling unit.
G. Covenant Agreement
Prior to the issuance of building permits for an accessory dwelling unit, a covenant agreement shall
be recorded which discloses the structure’s approved floor plan and status as a “accessory dwelling
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unit” and agreeing that the property will be owner-occupied. This agreement shall be recorded in the
office of the County Recorder to provide constructive notice to all future owners of the property.
H. Violations.
Violation of any of the provisions shall be subject to basic code enforcement action as provided in
Title 1 of this code.
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SECTION 5. Chapter 17.22: Use Regulation. Table 9 (Uses Allowed by Zone).
Residential Uses land uses of the City of San Luis Obispo’s Municipal Code is hereby repealed
and replaced in its entirety to read as follows:
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SECTION 6. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the city' s rules and regulations. It
is the city' s express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
SECTION 7. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes shall be published at least five days prior to its final passage in the Tribune, a
newspaper published and circulated in said City, and the same shall go into effect at the expiration
of 30 days after its final passage. A copy of the full text of this ordinance shall be on file in the
Office of the City Clerk on and after the date following introduction and passage to print and shall
be available to any member of the public.
INTRODUCED on the 2nd day of May, 2017, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the______ day of______, 2017, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Carrie Gallagher
City Clerk
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Newspaper of the Central Coast
RF%'--Fl_VE D
MAY 18 201?
--�xTyCLERK
3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406-0112 • (805) 781-7800
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
AD # 3070250
CITY OF SAN LUIS OBISPO
OFFICE OF THE CITY CLERK
STATE OF CALIFORNIA
ss.
County of San Luis Obispo
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen and not
interested in the above entitled matter; I am now, and at
all times embraced in the publication herein mentioned
was, the principal clerk of the printers and publishers of
THE TRIBUNE, a newspaper of general Circulation,
printed and published daily at the City of San Luis
Obispo in the above named county and state; that notice
at which the annexed clippings is a true copy, was
published in the above-named newspaper and not in any
supplement thereof — on the following dates to wit;
MAY 13, 2017 that said newspaper was duly and
regularly ascertained and established a newspaper of
general circulation by Decree entered in the Superior
Court of San Luis Obispo County, State of California, on
June 9, 1952, Case #19139 under the Government Code
of the State of California.
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
(Sign ure of Principal Clerk)
DATE: MAY 13, 2017
AD COST: $176.32
X11 %wB Oamp0
ORDINANCE NO. 1634 (2017 SERIES)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA, AMENDING TITLE 17
(ZONING REGULATIONS) OF THE r,9L1-
NICIPAL CODE ASSOCIATED WITH
ACCESSORY DWELLING UNITS WITH A
STATUTORY EXEMPTION FSON1 ENVI-
RONMENTAL REVIEW (CODE -0107-
2017)
NOTICE IS HEREBY GIVEN that the City
Council of the City of San Luis Obispo, Cal-
ifomia. at its Regular Meeting of May 2,
2017, introduced the above titled ordi-
nance upon a motion by Council Member
Christianson, second by Council Member
Gomez, and on the following roll call vote:,
AYES Council Member Carlyn Christian-
son, Aaron Gomez, Andy Pease, Vice May-
or Dan Rivoire, and Mayor Heidi Harmon
NOES: None
r ]non Cg No. 1694 [2017 59riesl —This
is a City Ordinance ontlited "An Ordinance
Of the Glty Ccuncti of the City Of San LUIS
Obispo, Callfomle, amending Title 17 (Ton -
Ing ROgulations) of the Municipal Code as-
soclated with Accessory Dwelling Unlls
with a Statutory Exemption from Environ-
mental Review." The ordlnanre amends
Chapter 17.21 Accessory Spaces` of the
Zen Ing Regulaifona to be in complianCo
with recent State legislation for develop-
ment of an accessory dwelling unit.
A full and complete copy of the aforemen-
tioned Ordinance is available for inspection
and copy in the City Clerk's Office, located
:ii 990 Palm Street, San Luis Obispo, Call-
fo: ma. or you may call (805) 781-7100 for
more information.
NOTICE IS HEREBY FURTHER GIVEN
that the City Council of the City of San
Luis Obispo will consider adopting the
aforementioned Ordinance at its Regular
Meeting of June 6, 2017 at 6:00 p.m.,
which will be held in the Council Chamber,
located at 990 Palm Street, San Luis Obi-
spo, California.
Carrie Gallagher
City Clerk
May 13. 2017 3070250