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HomeMy WebLinkAboutOrd. No. 2021-1448 Accessory Dwelling Units Amending LEMC Title 17 ORDINANCENO. 2021-1448 ANORDINANCEOFTHECITYCOUNCILOFTHECITYOFLAKEELSINORE, CALIFORNIA,AMENDINGTITLE17OFTHELAKEELSINOREMUNICIPAL CODERELATEDTOACCESSORYDWELLINGUNITS Whereas,on AB3182 (2020),became effective January 1, 2020 and SB 13, AB 68, AB 881, AB 587, AB 670, and AB 671 became effective January 1, 2020, whichcollectively modified existing portions of the GovernmentCode to establish a regulatory framework forAccessory Dwelling Unitsin accordance with State law; and Whereas,the City desires to amend the Lake Elsinore Municipal Code (“LEMC”) to regulate accessory dwelling unitsin accordance with State law in order to promote the health, safety,and general welfare of the residents and businesses within the City; and Whereas, amendment of the LEMC to regulate accessory dwelling unitsrequires several amendments to Title 17 related to definitions, setbacks, and other relevant land use restrictions; and Whereas, Section 17.415.110 of the LEMC requires the Planning Commission of the City of Lake Elsinore to review proposed amendments to Title 17and after examining aproposed amendment to make recommendations of its findings to the City Council; and Whereas, on February 16, 2019, at a duly noticed public hearing the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this itemand took unanimous action to recommend approval to the City Council. Whereas,on March 09, 2021at a duly noticed public hearing, the City Council has considered the recommendation of the Community Development Department,as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCILOF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDERAS FOLLOWS: Section 1:The City Council has reviewed and analyzed the proposed amendments to the Lake Elsinore Municipal Codeand finds and determines thatthe ordinance is in compliance with the goals and policies of the City of Lake Elsinore General Plan,that the ordinance willnot be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and that it is internally consistent with other applicable provisions of the Lake Elsinore Municipal Code. Section 2:The City Council hereby finds and determines that the proposed amendments to the Lake Elsinore Municipal Code are exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment, and because it is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines. Ord. No. 2021-1448 Page 2of 3 Section 3:In accordance with Government Code Section 65855, the City Councilsets forth the following findings for its action toamend Title 17 of the Lake Elsinore Municipal Code: 1.The proposed zoning code amendments will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed zoning code amendments have been analyzed relative to their potential to have detrimental effects and it has been determined that the amendments have no impact upon the public’s health, safety, comfort and general welfare because the State legislature has found that accessory dwelling unitscontributes to a safe and more robust housing options in light of the current housing crisis in the State of California. 2.The proposed zoning code amendments are consistent with the Goals, Policies and Implementation Programs of the General Plan and the development standards established with the LEMC. The proposed zoning code amendments do not create new zoning districts, remove existing zoning districts or otherwise modify land use requirements. The proposed zoning code amendments do not affect the density or intensity of uses and will not interfere with the implementation of the goals, policies and implementation programs of the General Plan. Section 4: Based upon the evidence presented, both written and testimonial, and the above findings, the City Council approvesthe amendment of Title 17 ofthe Lake Elsinore Municipal Code attached hereto as Exhibit “A”. Section 5:Severability.IfanyprovisionofthisOrdinanceoritsapplicationisheld invalidbya courtofcompetentjurisdiction,suchinvalidityshallnotaffectotherprovisions, sections, orapplicationsoftheOrdinancewhichcanbegiveneffectwithouttheinvalidprovision orapplication,andtothisendeachphrase,section,sentence,orwordisdeclaredtobe severable. Section 6:Effective Date.ThisOrdinanceshallbecomeeffectiveat12:01a.m.on thethirty-first (31st)dayafterthedateofadoption. Section 7:Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause a synopsis of the same to be published according to law. PASSED,APPROVED,ANDADOPTED ataregular meetingoftheCityCouncilof the rd CityofLakeElsinore,California,on this 23day of March2021. Robert E. Magee Mayor Ord. No. 2021-1448 Page 3of 3 Attest: Candice Alvarez, MMC City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LAKE ELSINORE) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Ordinance No. 2020-1448was introduced by the City Council of the City of Lake Elsinore, California, at the Regular meeting of March 9, 2021 and adopted at the Regular meeting of March 23, 2021 and that the same was adopted by the following vote: AYES:Council Members Tisdale, Johnson, and Manos; Mayor Pro-Tem Sheridan;and Mayor Magee NOES: ABSENT: ABSTAIN: Candice Alvarez, MMC City Clerk 17.415.110 Accessory dwelling units. A.Purpose. The purpose of this section is to expand the mix of housing opportunities within the City by permitting the development of accessory dwelling units as an accessory use,to existing single-family detached dwellings,consistent with Government Code Sections 65852.2 and 65852.22, while providing criteria to assure they are maintained as a harmonious and integral aspect of the single-familya residentialneighborhood. An accessory dwelling unit is a residential use that is consistent with the existing General Plan land use designation and zoning designation for lots allowing residential uses. Any accessory dwelling unit constructed pursuant to this section does not exceed the allowable density for the lot upon which the accessory dwelling unit is located. B.Definitions. 1.“Accessory Dwelling Unit” or “ADU” has the same meaning ascribed in Government Code section 65852.2, as the same may be amended from time to time. “Accessory dwelling unit” means an attached or adetached residential dwelling unit which provides a complete independent living area for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following: a. An efficiency unit, as defined in Health and Safety Code Section 17958.1. b. A manufactured home, as defined in Health and Safety Code Section 18007. 2.“Attached ADU” means an ADU that is constructed as a physical expansion (i.e. addition) of the Primary Dwelling and shares a common wall with the Primary Dwelling. 3.“Detached ADU” means an ADU that is constructed as a separate structure from the Primary Dwelling, which does not share any walls with the Primary Dwelling. 4.“Existing Structure” means an existing single-family dwelling or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law. 5.“Junior Accessory Dwelling Unit” or “JADU” has the same meaning ascribed in Government Code section 65852.22, as the same may be amended from time to time. “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure (primary unit). A junior accessory dwelling unit may include separate sanitation facilities within the existing primary unit or may share sanitationfacilities within the existing structure. 6.“Living area” means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory building. 7.“Primary Dwelling”, for purposes of this chapter, means the existing or proposed single- family dwelling on the lot where an ADU would be located. 8.“Public Transit”, for purposes of this chapter, has the meaning ascribed in Government Code Section 65852.2(j),as the same may be amended from time to time. 1 (rev. 3-9-21) C.General Requirements 1.An applicant shall not be required to submit an entitlement application for an ADU or JADU permit under this chapter, and may instead seek building permit approval for an ADU or JADUthat satisfies the requirements of Government Code Section 65852.2(e)(1), as the same may be amended from time to time, and the California Building Standards Code, as amended by the City. 2.An ADU or JADU approved by a building permit only process shall be rented only for terms of 31 days or longer. 3.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: a.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; b.The ADU or JADU is not to be sold or conveyed separately from the Primary Dwelling, and c.If there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the owner of record.Proof of recordation of the covenant shall be provided to the City before the City finals the building permit. 4.Pursuant to Government Code section 65852.2(e), the City shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: a.One ADU orandoneJADU per lot with a proposed or existing single-family dwelling if all of the following apply: i.The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. ii.Thespace has exterior access from the proposed or existing single-family dwelling. iii.The side and rear setbacks are sufficient for fire and safety. iv.The JADU complies with the requirements of Section 65852.22 and with the requirements set forth in subsection E below. b.One detached, new construction ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in sub-paragraph 1 abovea. The ADU shall be no more than 800 square feet in size, with a height limit of 16 feet.5 c.One ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state 2 (rev. 3-9-21) building standards for dwellings. If requested, multiple ADUs shall be allowed, up to the number of ADUs that equals 25 percent of the existing multifamily dwelling units in the structure. d.Not more than two Detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and four-foot rear yard and side setbacks. Primary Dwelling Unit Required. The lot proposed for an accessory dwelling unit e. shall be zoned for single-family or multifamily residential uses and must contain an existing detached single-family dwelling at the time an application for an accessory dwelling unit is submitted, or the application for the accessory dwelling unit may be made in conjunction with the development of the primary single-family dwelling. The accessory dwelling unit must be contained within the walls of the single-family dwelling. 5.Junior Accessory Dwelling Units. A junior accessory dwelling unit is permitted if it complies with the following standards: a.One junior accessory dwelling unit may be located on a residential lot zoned for single-family residential purposes with an existing primary unit. b.The owner of the lot proposed for the junior accessory dwelling unit shall occupy, as a principal residence, either the primary unit or the junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another government agency, land trust, or housing organization. c.The junior accessory dwellingunit shall not be sold independently of the primary unit on the lot. Either unit may be rented; however, short-term rentals less than 30 days are prohibited.A deed restriction shall be recorded which shall run with the land, be filed with the City and shall include both of the following: (1) A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers, and (2) Arestriction on the sizeand attributes of the JADU that conforms withthis paragraph 5. d.The junior accessory dwelling unit must be created within the existing walls of an existing primary unitandmust include the conversion of an existing bedroom. e.The junior accessory dwelling unit shall have an independent exterior entrance separate from the main entrance to the primary unit. f.The interior entrance connecting the junior accessory dwelling unit to the primary unit must be maintained and may include a second interior doorway for sound attenuation. g.The junior accessory dwelling unit shall include an efficiency kitchen, which shall include and be limited to the following components: i.A sink with a maximum waste line diameter of one and one-half inches. 3 (rev. 3-9-21) ii.A cooking facilitywith appliances that do not require electrical service greater than 120 volts or natural or propane gas. iii.A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. h.A junioraccessory dwelling unit shall comply with the building setbacks as required for the primary unit. i.Fire sprinklers shall not be required for a junior accessory dwelling unit if fire sprinklers are not required for the primary unit j.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 which shall include all of the following: vi.a cooking facility with appliances. vii.a food preparation counter and storage cabinets that are of reasonable size in relation to thesize of the JADU. k.No additional parking is required for a JADU. l.The JADU or Primary Residence shall be occupied by the owner of record. The City shall not issue a building permit until the applicant provides a will serve letter from the local water and sewer provider. Notwithstanding the foregoing, if a private sewage disposal system is being used, the applicant must provide documentation showing approval by the local health officer in lieu of the will serve letter by the local sewer provider. D. Design and Development Standards. 1.Number of Units. No more than one accessory dwelling unit is permitted on any one lot. 2.1.Maximum Number of Bedrooms. Accessory dwelling units shall not exceed a maximum of two bedrooms as sleeping quarters. 3.2.Floor Area.Size restrictions. If there is an existing Primary Dwelling, an Attached ADU shall not exceed fifty percent (50%) of the gross floor area for the Primary Dwelling. 4 (rev. 3-9-21) An Attached ADU that is proposed with a new Primary Dwelling shall not exceed 1,200 square feet in floor area. A Detached ADU shall not exceed 1,200 square feet in floor area. In no case shall an ADU be less than an “efficiency unit” as defined in Section 17958.1 of Health and Safety Code with respect to square footage.The minimum square footage of an accessory dwelling unit shall be 400 square feet. The unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.All proposed accessory dwelling units shall not exceed 50 percent of the existing living area of the existing single- family residence or 1,200 square feet, whichever is less. 4.3.Accessory dwelling units shall comply with the development standards set forth by the underlying zoning district for the primary structure including, but not limited to, setbacks, lot coverage, building height, distance between structures, and location. 5.4.Lot Coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage regulations would not permit construction of an 800 square foot ADU that is 16 feet in height with four-foot side and rear yard setbacks. 6.5.Setbacks. No setback shall be required for an ADU that is within an Existing Structure or new ADU that is constructed in the same location and with the same dimensions as an Existing Structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet. An ADU shall comply with all required front yard setbacks otherwise required by theMunicipal Code.Setbacks. Accessory dwelling units shall comply with the setback standards applicable to other structures within the zone in which the lot is located except as provided below. 7.6.Garage Conversions. No setback shall be required for an existing, legally permitted, garage that is converted to an accessory dwelling unit. However, no addition may be constructed to the converted garage that increases the encroachment into the setback. 8.7.Height Restrictions. Accessory dwelling units shall comply with the following height restrictions based on the proposed location of the unit: a.Accessory dwelling units attached to the primary structure shall comply with the height limitations of the underlying zoning district for the principal structure. b.Accessory dwelling units to be detached from the primary structure shall be limited to the height restrictions set forth in the underlying zoning district for detached, accessory and secondary structures. 9.8.Independent Exterior Access. Accessory dwelling units shall provide an independent exterior access separate from the primary residence. 10.9.Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For purposes of this section, “passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 5 (rev. 3-9-21) 11.10.Design and Materials. The exterior design and materials of the accessory dwelling unit shall be visually compatible with the primary dwelling regardingthe roof, building walls, doors, windows, horizontal/vertical expression, and architectural detail. 12.11.Historic Resources. An ADU that has the potential to adversely impact any historical resource listed on 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, asamended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or Specific Plans that pertain to historic resources. E. Utility Services and Fees. 1.ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services. 2.Prior to receiving a building permit, the owner of an ADU or JADU must submit letters of service availability for water and sewer disposal to the Building Official. 3.An accessory dwellingAnADU or JADUmust receive approval by the County Department of Environmental Health where an existing or proposed private sewage disposal system is used. 4.The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code section 66000 et seq., except as follows: a.ADUs that are less than 750 square feet shall not be subject to impact fees. b.ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the primary dwelling unit. 1.Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service. 2.An accessory dwelling unit located within the existing space of a primary dwelling unit or an accessory building does not require a new or separate utility connection directly between the accessory dwelling unit and the utility or the payment of a connection fee or capacity charge. 3.For an attached and detached accessory dwelling unit, thatis not located within the existing space of a primary dwelling unit or an accessory building, the applicant shall be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility. F. Parking. Accessory dwelling units shall be required to provide parking in accordance with the following requirements: 6 (rev. 3-9-21) 1.Parking Requirement for Primary Residence. In any instance, the property shall be required to meet the minimum parking requirement as set forth in Chapter 17.148 LEMC, Parking Requirements, for the principal residence prior or concurrent to the application for an accessory dwelling unit. 2.New Units. Attached or detached accessory dwelling units shall be required to provide one off-street parking space perbedroom or per accessory dwelling unit, whichever is less,on the same lot as the unit in a covered, uncovered, or tandem configuration. Parking spaces may be located in the required setbacks provided the proposed location complies with the landscaping requirement in the front yard and minimum standards set forth within the Chapter 17.148 LEMC, Parking Requirements, for open parking spaces, unless otherwise approved by the Community Development Directorunless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. 3.Garage Conversions.When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU. Where garages are converted for the purpose of creating an accessory dwelling unit, replacement off-street parking shall be provided on the same lot as the unit in either a covered, uncovered, or tandem configuration provided the proposed location complies with the landscaping requirement in the front yard and the minimum standards set forth within the off-street parking regulations for open parking spaces, unless otherwise approved by the Community Development Director.Parking spaces shall be paved or on another surface approved by the Community Development Director. Parking on dirt or landscaped areas is prohibited. 4.Parking Exceptions for Certain Accessory Dwelling Units. Automobile parking is not required for an accessory dwelling unit in any of the following instances: a.The accessory dwelling unit is located within one-half mile of public transit. b.The accessory dwelling unit is located within an architecturally and historically significant historic district. c.The accessory dwelling unit is containedentirely within the permitted floor area of the existing primary residence or an existing accessory structure. d.When on-street parking permits are required but not offered to the occupant(s) of the accessory dwelling units. e.When there is a car share vehicle located within one block of the accessory dwelling unit. G. Fire Sprinklers. Accessory dwelling units shall not be required to be equipped with fire sprinklers unless fire sprinkler installation is required for the primary dwelling. 7 (rev. 3-9-21) I. Owner Occupancy. The legal property owner of the lot shall be required to reside in either the primary residence or the accessory dwelling unit located on the parcel. At no time shall the property owner rent the primary dwelling and the accessory dwelling unit separately or allow the primary residence and the accessory dwelling unit to be sublet individually while the property owner resides elsewhere. 1.H.Accessory Dwelling Unit NotSold Separately.The accessory dwelling unit shall not be sold separately from the principal residence. The rental and lease period for either unit shall be longer than a minimum of 30 days and shall not be utilized as a short-term rental. JI. Deed Restriction. A deed restriction, in the form satisfactory to the City Attorney, shall be completed and recorded with the County Recorder’s office prior to issuance of a building permit for an accessory dwelling unit. The deed restriction shall include the restrictions and limitations identified in this subsection, shall run with the land, and shall be binding upon any future owners, heirs, or assigns of the property. The deed restriction shall substantively state the following: 1. The accessory dwelling unit shall not be sold or owned separately from the principal dwelling unit, and the lot upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership; 2. The accessory dwelling unit shall be a legal unit, and may be used as habitable space, only so long as either the principal dwelling unit,or the accessory dwelling unit, is occupied by at least one owner of record of the property; 3. In the event the minimum one person having ownership interest in the lot ceases to occupy a unit on the lot, the accessory dwelling unit shall automatically become nonhabitable space, shall not be used as a dwelling unit, and shall not be rented or leased for any purpose; 42.The principal unit and accessory dwelling unit shall not be rented for a period less than 30 consecutive days; and 53.The above restrictions shall be binding upon any successor in ownership of the property as long as the accessory dwelling unit exists on the property; lack of compliance shall be cause for code enforcement action and removal of the accessory dwelling unit. The applicantshall submit proof of deed restriction recordation to the Community Development Department prior to issuance of a building permit. K. Review and Approval Process. 1. Applications for accessory dwelling units, including plans and documents required for the plan check process shall be submitted to the Building Division with the required plan check fees. 2. An application for an accessory dwelling unit shall be considered by the Community Development Director. The application shall either be approved or disapproved within 120 days of the submittal of a complete application. 8 (rev. 3-9-21)