ADU Zoning Ordinance for The City ofLos Alamitos, CA
ORDINANCE NO. 2017-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDME NT (ZOA) 17-01 TO REPEAL AND REPLACE THE LOS ALAMITOS MUNICIPAL CODE SECTION 17.38.150 RELATING TO ACCESSORY DWEL LING UNITS IN RESIDENTIAL ZONES OF THE CITY AS WELL AS MAKE CHANGES TO TABLE 3-01 IN SECTION
AND TABLE 2.02 OF SECTION 17.08.020 TO COMPLY WITH NEW STATE LEGISLATION (CITY INITIATED)
WHEREAS,on September 27, 2016, Governor Jerry Brown signed Assembly Bill (AB) 2299 and Senate Bill (SB) 1069, amending Government Code section 65852.2 as it relates to second dwelling units (now described as "accessory dwelling units" or "ADUs"); and,WHEREAS,the new legislation was written with the intent to increase the housing supply in California by facilitating the creation of new accessory dwelling units; and,WHEREAS, the legislation now further limits the ability of local jurisdictions to regulate accessory dwelling units; and,WHEREAS, the new legislation became effective on January 1, 2017; and,
WHEREAS, all cities in the state may modify their existing zoning ordinances to meet the new standards that have been adopted by the legislation or will be subject to the standards set forth in the legislation; and,
WHEREAS, on September 27, 2017. the Planning Commission Approved a Resolution of Intention to amend the Municipal Code in light of this new legislation; and,WHEREAS,on September 27, 2017 the Planning Commission held a duly-noticed public hearing on this Ordinance; and,WHEREAS, at the conclusion of its September 27, 2017 public hearing, the Planning Commission adopted a resolution recommending that the City Council adopt this Ordinance; and,WHEREAS, the City Council held a duly noticed Public Hearing concerning this Ordinance on October 16, 2017; and,WHEREAS, the City Council conducted a second reading of this Ordinance on November 20, 2017; and,
WHEREAS,the City Council considered all applicable Staff reports and all public testimony and evidence presented at the public hearing, whether written or oral.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOSJ C ALIFORNIA, DOES HEREBYORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Los Alamitos, California finds that the above recitals are true and correct and incorporates them by reference herein.SECTION 2. This approval is based upon the following findings:
The proposed changes ensure and maintain consistency between the General Plan and the Zoning Code. The City of Los Alamitos is not required to adopt an ordinance, but Accessory Dwelling Units built within a jurisdiction that lacks a local Ordinance must comply with state standards. Adopting this Ordinance will ensure that the City is able to impose local control where allowed. This Ordinance therefore satisfies Policy 4.4 of the Land Use section of the General Plan ensuring that new development in residential neighborhoods is compatible with the scale and character of the area. Additionally, this ordinance, which implements State law, implements another mechanism to provide housing in Los Alamitos as provided for in the Housing Element.
The proposed amendment will not adversely affect the public convenience, health, interest, safety, or welfare of the City. It is the intent of the California State Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this Ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance. This Ordinance allows local regulation to the extent allowed by State law.
The Legislature found and declared the following regarding accessory dwelling units:
Accessory dwelling units are a valuable form of housing in California.
Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
Homeowners who create accessory dwelling units benefit from added income , and an increased sense of security.
Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
California faces a severe housing crisis.
The state is falling far short of meeting current and future housing demand with serious consequences for the state's economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character.
Accessory dwelling units are, therefore, an essential component of California's housing supply.
The proposed amendments are internally consistent with other applicable provisions of this Zoning Code and do not provide any conflicts with any other provision of the Los Alamitos Municipal Code.
The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) under the general rule that CEQA does not apply to activities regarding adoption of an ordinance concerning second units in residential zones to implement the provisions of Section 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code.
SECTION 3. Table 3-01 in Section 17.26.040 of the Los Alamitos Municipal Code is hereby amended to read as follows:
Description of Use
Required Number of Spaces
Second Residential Accessory Dwelling Unit
One spaoe for a studio or one eedroom, plus one additional spaoe for eaohassitional 888FOOffi See 17.38.150 F
SECTION 4. Section 17.38.150 Second residential units of the Los Alamitos Municipal Code is hereby deleted and a new Section 17.38.150 "Accessory dwellingunits,"is hereby added to read as follows:
Section 17.38.150 Accessory dwelling units (ADU).
Purpose. This section provides for the development of accessory dwelling units on lots developed or proposed to be developed with single-family dwellings. Such accessory dwellings contribute needed housing to the City's housing stock. Thus, accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities. It is not the intent of this section to override lawful use restrictions as may be set forth in conditions, covenants and restrictions or similar instruments of established communities with homeowner associations.
Applicability. The provisions of this chapter apply to all lots that are occupied with a single family dwelling unit and zoned for residential use. Accessory dwelling units shall not be considered to exceed the allowable density for the lot upon which the accessory dwelling unit is located, and are deemed a residential use that is consistent with the existing general plan and zoning designation for the parcel.
Accessory dwelling units shall be allowed in any residential zone.
The lot must meet the minimum parcel area for the zone as set forth in Section 17.08.030of this code.
Regardless of the residential zone, an accessory dwelling unit shall only be allowed on a lot that contains an existing, single-family dwelling.
Only one accessory dwelling unit may be allowed per lot.
The accessory dwelling unit may be attached to the existing dwelling, detached from the existing dwelling, and located on the same lot as the existing dwelling, or located within the existing living area of the existing dwelling.
If the accessory structure is located within the existing living area it shall have an independent exterior access.
No passagewayshall be required in conjunction with the construction of an accessory dwelling unit.
An accessory dwelling unit, whether attached or detached, shall be consistent in architectural style with the existing single-family dwelling and standards for residential uses in the adjacent residential community and shall be designed to that the property maintains a single-family appearance from the public right-of-way.
Accessory dwelling units shall comply with all appropriate building code requirements. However, accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.
Accessory dwelling units shall not be sold separate from the primaryresidence.
The Applicant for the accessory dwelling unit shall be the owner and occupant of the existing dwelling, and shall certify, and record a covenant with the Orange County Recorder, declaring that the property owner will continue to occupy one of the units on the parcel, so long as the accessory dwelling unit exists on the property as a habitable structure. In the event of a hardship, such as the death or disability of theproperty owner which prevents one of the units from being occupied by the property owner, the property owner or estate representative may apply for a temporary waiver of the owner occupation requirement for a specific time period to allow occupancy of both dwelling units by a non-property owner pending disposition of the property through probate or non-probate transfer to a new owner, or the cessation of the property owner's disability which prevents him or her from occupying one of the units on the property. Any such waiver shall specify the period of time for which it is granted, provided that no such waiver may be granted for a period of longer than three (3) years.
No accessory dwelling unit, or the primary dwelling unit on the same lot on which an accessory dwelling unit is located, shall be rented out for less than thirty(30) consecutive calendar days. A covenant shall be recorded to this effect in a form approved by the City Attorney.
All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with Government Code section 66000 et seq. and section 66012 et seq., as the same may be amended.
Size and Setbacks
. The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet.
The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet.
The minimum size of an accessory dwelling unit shall be 200 squarefeet.
No setback shall be required for an existing garage that is convertedto 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.
There shall be a minimum distance of 10 feet between the accessary dwelling unit and the primary residence or any other structure on the property.
Except as set forth herein, the height of the accessory dwelling units, the setbacks for accessory dwelling units, and the maximum site coverage shall be as set forth in Section 17.08.030 of this code.
An accessory dwelling unit that is contained within the existing space of a single family residence or accessory structure shall not be considered a newCC ORD 2017--08residential use for purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service, or impact fees such as park or traffic. No new or separate utility connection between the accessory dwelling unit and the utility shall be required.
All other accessory dwelling units other than those mentioned in subsection one above, may require a new or separate utility connection between the accessory dwelling unit and the utility. Any connection fee or capacity charge shall be proportionate to the burden placed on the water and sewer systems due to unit size or number of plumbing fixtures.
All utility installations on the lot shall be underground.
No accessory dwelling unit shall be allowed if the Building Official determines that there is not adequate water or sewer service to the property.
Parking. Notwithstanding any other provision of this code, the following parking requirements shall apply to accessory dwelling units:
Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking, including on an existing driveway or in paved setback areas, provided that the amount of paving does not exceed the total amount of paving and hardscaped areas that are otherwise allowed by this code. Parking spaces may also be provided through a mechanical lift.
When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking may be located in any configuration on the same lot as the accessory dwelling unit. These spaces may be provided as tandem parking, including on an existing driveway or in paved setback areas, provided that the amount of paving does not exceed the total amount of paving and hardscaped areas that are otherwise allowed by this code. Parking spaces may also be provided through a mechanical lift.
Tandem parking and parking in setback areas shall not be allowed if the Development Services Director makes specific findings that such parking is not feasible based upon specific site or regional topographical, or fire and life safety conditions.
The parking requirement for an attached or detached accessory dwelling unit shall be in addition to the parking requirement for the existing residence on the property.
Parking is not required in the following instances:
The accessory dwelling unit is located within one-half mile walking distance of public transit, including transit stations and bus stations.
The accessory dwelling unit is located within an architecturally and historically significant historic district.
The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
When there is a car share vehicle located within one block of the accessory dwelling unit.
A permit for an accessory dwelling unit shall be approved by the Director of Development Services or his designee for any accessory dwelling unit that meets the requirements of this chapter.
An application for an accessory dwelling unit shall be acted upon within 120 days after receipt of a complete application.
SECTION 5. Section 17.76.020 Definitions of Specialized Terms and Phrases of the Los Alamitos Municipal Code is hereby amended by adding the following definitions as shown below:"Dwelling unit, accessory" means an attached or a detached residential dwelling unit which provides complete independent living facilities 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:
An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"Dwelling unit, attached accessory" means an accessory dwelling unit that is constructed as an addition to the primary residence."Dwelling unit, detached accessory" means an accessory dwelling unit that is constructed as a separate structure on the property not attached to the primary residence."Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure."Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of an accessory dwelling unitSECTION 6. Section 17.08.020, Table 2.02 Allowed Uses and Permit Requirements for Residential ZoningDistricts of the Los Alamitos Municipal Code is hereby amended to read as follows:Existing Row:
Specific Use Regulations
Sesem:l FesiaeRtial '=!Ails
Accesso rv dwellina units
SECTION 7. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.SECT ION 8. This Ordinance shall take effect thirty days after approval as provided in Government Code Section 36937.SECTION 9. The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) under the general rule that CEQA does not apply to activities regarding adoption of an ordinance concerning second units in residential zones to implement the provisions of Section 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code. Staff is directed to file a Notice of Exemption.SECTION 10. Transmission to HCD. The City Clerk shall send a copy of this Ordinance to the Department of Housing and Community Development as required by State law.ink, MayorAPPROVED AS TO FORM:1chaeis.audt,CityAtto-mey STATE OF CALIFORNIA )COUNTY OF ORANGE ) ss.CITY OF LOS ALAMITOS )I, Windmera Quintanar, CMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Ordinance No. 2017 08 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 16th day of October, 2017 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 20th day of November, 2017, by the following roll-call vote, to wit:AYES: NOES: ABSENT: ABSTAIN:COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:Edgar, :Murphy, Hasselbrink, KusiunotoNone None Nonei erk
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