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HomeMy WebLinkAboutPC Resolution 2022-0010Ua�71 PC RESOLUTION 2022-0010� AUG 2 2022 CITY OF ATASCADERO RESOLUTION OF THE PLANNING COMMISSION Of4WG CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL AMEND TITLE 9 PLANNING & ZONING, TO REPEAL AND REPLACE CHAPTER 5: ACCESSORY DWELLING UNITS ACCESSORY DWELLING UNITS (ZCH21-0006) WHEREAS, the City of Atascadero (6500 Palma Ave., Atascadero, CA 93422), is considering Zone Change Text Amendments to Title 9; and WHEREAS, the State of California has adopted revisions to Government Code Section 65852.2 which mandates that cities update and adopt standards and requirements related to accessory dwelling units; and WHEREAS, portions of the City's current regulations regarding ADUs are inconsistent with the state legislation and require amendment to remain consistent; and WHEREAS, Accessory and Junior Accessory Dwelling Units do not count as additional residential density per State law for the purposes of zoning compliance and CEQA, and WHEREAS, the City recognizes opportunities to implement policies and programs of the Atascadero General Plan housing element providing for, and regulating, expanded housing opportunities for all persons within the community, and WHEREAS, state law allows cities to designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted and those areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. WHEREAS, large portions of the City of Atascadero where residential uses are permitted do not have access to City sewer and are served by private individual on-site wastewater treatment systems, and WHEREAS, an overconcentration of nitrogen can occur where the density of on-site wastewater facilities exceeds a density of 1 system per half acre, and WHEREAS, an overconcentration of nitrogen can degrade water quality and impact the natural environment, and WHEREAS, the City has a responsibility to ensure that groundwater quality is not degraded by an overconcentration of nitrogen to ensure safe drinking water for the community both from the municipal water supplier and private individual wells. WHEREAS, portions of the City of Atascadero are within heightened fire severity zones where adequate access is required to ensure the safety of residents and allow for evacuation of neighborhoods, and WHEREAS, the California Code of Regulations sets forth standards for minimum access requirements from residential neighborhoods, and WHEREAS, the City has an obligation to enforce the California Code of Regulations, and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact these amendments to Chapter 5 of Title 9, Planning and Zoning of the Municipal Code for consistency with State law and to maintain a clear and legible set of Zoning Regulations that is easily interpreted by the public and staff, and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and Zoning Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning Text Amendments; and, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Ataseadero, California makes the following findings, determinations and recommendations with respect to the proposed Zoning Code Text Amendment: SECTION 1. Findings for Approval. The Planning Commission finds as follows: A. Findings for Zone Text Amendment: FINDING: The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The proposed zoning code text updates an existing chapter for consistency with State law. The updates are consistent with the City's recently adopted Housing Element and are intended to implement Government Code Section 65852.2. 2. FINDING: This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. FACT: The proposed text contains provisions that address the unique characteristics of Atascadero and provide for safe and orderly development of Accessory and Junior Accessory dwelling units consistent with State law. 3. FINDING: The Text Change will not, in itself, result in significant environmental impacts. 4. FACT: The State of California does not recognize accessory or junior accessory dwelling units as primary units for the purposes of determining density. In addition, the City has included standards to ensure that groundwater and fire safety impacts are mitigated. B. Findings related to Accessory Dwelling Units 1. FINDING: The limitations on location of areas appropriate for accessory dwelling units and/or junior accessory dwelling units are based on health and safety concerns related to water quality and the California Code of Regulations Section 1273.08. FACT: The City conducted a nitrogen loading analysis to determine locations where ADUs could be constructed without degrading water quality and creating unsafe drinking or environmental water conditions. Standards have been included only where necessary to ensure water quality. In addition, standards also include consistency with additional State laws including the California Code of Regulations Section 1273.08 SECTION 2. CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on 8-2-22, resolved to recommend that the City Council introduce for first reading by title only, an Ordinance that would repeal and replace Title 9, Chapter 5 consistent with the following: EXHIBIT A: Municipal Code Chapter 5, Title 9 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner Anderson, and seconded by Commissioner Schmidt, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, Heath, Hughes, Keen (5) NOES: None (0) ABSTAIN: Schmidt (1) ABSENT: van den Eikhof (1) ADOPTED: 8/2/2022 CITY OF ATASCADERO, CA 7 � Jeff en Eikhof Planning Commission Chai rs Attest: Phil Dunsmore Planning Commission Secretary EXHIBIT A Chapter 5 ACCESSORY AND JUNIOR ACCESSORY DWELLING UNITS 9-5.040: Accessory and Junior Accessory Dwelling Units The following sections establish standards for the development of Accessory Dwellings Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in accordance with Gov Code Section 65852.2. 9-5.010 Purpose 9-5.020 Definitions 9-5.030 General Requirements 9-5.041 Applicability 9-5.142 Objective Design Standards for Accessory Dwelling Units. 9-5.143 Junior Accessory Dwelling Units 9-5.044 Development Fees 9-5.010 Purpose. (a) The purpose of this chapter is to prescribe objective development and site regulations that apply, except where specifically stated, to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). This chapter is intended to implement Government Code Sections 65852.2, as amended from time to time. Implementation of this section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods while meeting statewide housing goals and responding to wildfire and wastewater constraints. (b) The City recognizes opportunities to implement policies and programs of the Atascadero General Plan housing element providing for, and regulating, expanded housing opportunities for all persons within the community. (c) Implementation of this chapter is meant to expand housing opportunities for very - low, low and moderate -income and/or elderly households by increasing the number of affordable by design and rental units available within existing neighborhoods. (d) As mandated in Section 65852.2 of the Government Code, units that comply with this chapter are considered not to exceed the density limits prescribed by the General Plan and/or this title for residential zoning districts. 9-5.020 Definitions. As used in this chapter: Accessory Dwelling Unit (ADU). ADUs are defined by Government Code Section 65852.2 to mean an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons. ADUs shall include permanent provisions for living, sleeping, eating, cooking, and shall have a bathroom, and shall be located on the same parcel as the single-family or multifamily dwelling per the standards set forth in this section. An Accessory Dwelling Unit also includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code and a manufactured home as set forth in Section 18007 of the Health and Safety Code. Existing Structure. For the purposes of this chapter and implementation of Gov't Code Section 65852.2, an existing accessory structure or existing primary structure is defined as a structure, or the confines of a structure, that has received a passed final inspection prior to January 1, 2020. Guesthouse. Guesthouses are defined as residential occupancy construction (R) structures permitted prior to 2004 with a full bathroom, partial kitchen, and are the same as a residential dwelling unit for the purposes of defining use and calculating fees. Junior Accessory Dwelling Unit (JADU). JADUs are defined by Government Code Section 65852.2 to mean a residential dwelling unit internal to an existing or new primary dwelling unit that provides complete independent living facilities for one or more persons. JADUs shall include permanent provisions for living and shall be located on the same parcel and within the same structure as the single-family dwelling. A Junior Accessory Dwelling Unit also includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code. Primary Dwelling Unit. A primary dwelling unit (primary unit) is a principal or urban dwelling unit. Principal Dwelling Unit. An existing or new proposed dwelling unit on a residential zoned legal lot of record permitted as allowed by the City's zoning and allowed density of the parcel and not constructed under the provisions for Chapter 5 or Chapter 18 of this title. Any additional existing units above the base residential density shall be considered an ADU or UDU. New units built as part of an SB9 lot split shall not be considered a principal dwelling unit if a principal unit already exists on the parent parcel or new parcel that is created from the lot split. Residential Multi -Family Development. A Residential Multi -family property zoned for multiple principal dwelling units that has been developed to the maximum allowed density and which shares access, parking, and/or amenities regardless of the number of underlying parcels. This may include, but is not limited to, attached or detached residential units, common interest subdivisions, and related residential development on a single or multiple lots developed as a single development project with a developable density of at least 10 units per acre. Residential Single -Family Property. A property zoned for single-family development with a base density of one dwelling unit per parcel. Short -Term Rental: Short term rentals (vacation rental) shall be defined as rental units with stays of 30 consecutive calendar days or less per individual or party. Small -lot Single -Family Subdivision. A subdivision with private side and rear yard areas built to a density of less than or equal to 9 dwelling units per acre. Urban Dwelling Unit (UDU). A primary dwelling unit established or proposed to be developed in accordance with the standards, procedures, and requirements set forth under Government Code section 65852.21 and Chapter 18 of Title 9, either as a primary or secondary primary unit on a parcel. 9-5.030: General Requirements (a) Building Permit Required. A building permit application shall be required for the construction, occupancy, or conversion of any ADU or JADU. (b) Ministerial Review Process. An application for development of an ADU or JADU, will be reviewed as a ministerial permit, without discretionary review or a hearing if it meets all the requirements set forth in this section, does not impact environmental (including historic) resources, and after payment of all applicable submittal fees. (c) Water Service. All habitable dwelling units shall be served by a public water system (d) Wastewater Service. To avoid health and safety impacts to ground water quality and nitrogen loading, ADUs shall be served by the City sanitary sewer system when located on lots with a gross area less than one (1) acre, except when: The parcel is 0. 5 gross acres or greater and all of the following criteria can be met: it can be demonstrated that all properties within a '/4 mile radius are of sufficient size, considering possible future lot splits and full development potential, to provide a minimum density of at least 0.5 acres per unit within the % mile radius. It shall be demonstrated that a new or expanded onsite wastewater disposal system can accommodate the additional unit while meeting requirements of the City's Local Area Management Plan (LAMP). 2. ADUs that do not meet the above requirements and do not have the ability to connect to City sewer must be served by an on-site wastewater system that includes pre-treatment and shall be subject to the approval of the City Engineer and must be approved and constructed in accordance with the City's LAMP standards. (e) The maximum amount of paving for parking and access for any Principal Dwelling Unit, ADU, JADU and UDU in a front setback area is limited to fifty percent (50%) of the front yard setback area. (f) Design. The design of an ADU and/or JADU shall be consistent with any objective design standards listed in this chapter. (g) Short -Term Rental prohibited. ADUs and JADUs developed in accordance with Govt Code 65852.2 shall not be rented for terms of 30 days or less. (h) Illegal Unit. The construction, establishment, or occupancy of an ADU and/or JADU that has not received a valid construction permit and is contrary to the provisions of this chapter is declared to be unlawful and shall constitute a misdemeanor and a public nuisance. (i) Deed Notification Required. Prior to issuance of a building permit for the ADU, the property owner shall submit to the City a deed covenant for recordation with the County Recorder in a form approved by the Community Development Director, which shall run with the land and include at a minimum the following provisions: 1. A prohibition on the sale of the ADU separate from the sale of the principal dwelling unit, unless specifically authorized by State law or a subsequent lot split is approved and recorded. 2. A restriction on the size and attributes of the ADU that conforms with this Section 3. A prohibition on using the ADU as a Short -Term Rental. 4. Owner occupancy requirements for properties constructing or containing a JADU, as applicable. 5. A statement that the restrictions shall be binding upon any successor owner of the property and that failure to comply with the restrictions shall result in legal action against the owner. 9-5.041 Applicability. (a) Permitted Zoning Districts. Accessory and Junior Accessory Dwelling Units shall be allowed in all areas zoned to allow single-family or multi -family dwellings consistent with the standards of this section. ADUs shall not be allowed within the following locations: 1. Pursuant to the authority provided by section 65852.21(f) of the Government Code, no Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted on any lot in a single-family zoning district if: 1) an Urban Lot Split has been approved pursuant to Title 11; and 2) two units (Primary Dwelling Unit, ADU, or JADU) have already been approved for construction on either resulting lot. 2. No ADUs shall be allowed inconsistent with the California Code of Regulations Section 1273.08 3. No ADU or JADU may be established in a commercial district unless all of the following conditions have been met: a. The ADU or JADU is part of an approved mixed use project, and b. The ADU or JADU is built above the ground floor, and c. The ADU or JADU is within a mixed-use project that has reached its maximum allowable residential density. 9-5.042 Objective Design Standards for Accessory Dwelling Units. Standards for the development of ADUs shall be governed by this Chapter. Each ADU shall be subject to compliance with the California Building Code and the following standards: (a) Maximum Floor Area: An attached ADU shall have a maximum floor area of 50% of the existing or proposed primary dwelling unit or 1,000 square -feet, whichever is less. In no instance shall this section limit the size of an attached ADU to less than 850 square -feet. 2. A detached ADU shall have a maximum floor area of 1,000 square -feet, except as follows: A garage or other unconditioned space may be attached to an ADU providing any attached space with a non -R occupancy shall be limited to 250 square -feet. Any non -R occupancy space may be up to 450 square feet if it is on a different level than the ADU and used for vehicle parking and the entirety of the ADU is located on a different floor with the exception of an entry and stairs. If an existing accessory structure is converted to an ADU and the size of the unconditioned space exceeds the maximum limit, the existing space may remain but shall not be expanded. Properties that are 1 acre gross or greater may have a detached ADU up to 1,200 square -feet of residential floor area if the ADU is less than 50% of the floor area of the primary residence and the ADU has an equal or greater street yard setback than the primary residence. 3. Any dwelling unit other than the principal dwelling unit, that was established on the lot prior to the submittal of a complete application for a development pursuant to this chapter may not be altered or expanded to a size greater than 1,000 square -feet, exclusive of any attached garage, storage space, or enclosed porch. No additional unconditioned space can be added if greater than the maximum allowances described in section (8) below. If existing units exceed the maximum size thresholds, no expansion or additions shall occur. (b) Parking. One off-street parking space (standard or tandem within a driveway) shall be required for each ADU, with the following exceptions, No parking shall be required if the ADU is within one-half mile walking distance of public transit 2. No parking shall be required when the ADU is within a designated historic district or on the site of a designated historic property within a one -mile walking distance to public transit. 3. No parking shall be required when the ADU is part of a proposed or existing primary residence or a converted existing accessory structure. 4. No parking shall be required when there is a car -share vehicle available to the tenant of the ADU and located within one block of the ADU (c) Garage Conversions. Garages may be converted to ADUs provided that one parking space is reserved for the ADU on the site. A parking space that is lost as part of the garage conversion need not be replaced other than the parking required for the new ADU. (d) Accessory Structure Conversion. ADU's may be constructed within existing accessory structures subject to the following: The size of the ADU shall comply with the size limitations set forth in 9- 5.042 (a) above. 2. Any portions of the accessory structure not utilized for the ADU shall remain as non -habitable storage space and shall be separated with a permanent wall from the interior space of the ADU. Any openings (doors) between the ADU and non -habitable space shall comply with building and fire code standards. (e) Height. ADUs shall conform to the height limits of the underlying zoning district, except as follows: Newly constructed ADUs that are setback less than 5 -feet to a side property line or less than 10 -feet to a rear property line, as permitted by Government Code Section 65852.2, are limited to 16 -feet maximum height. (f) Setbacks. An ADU shall maintain the following setbacks: Side Setback: 5 -feet 2. Primary Street Frontage: 25 -feet for single-family properties, 15 -feet for multi -family properties 3. Corner Street Frontage: 10 -feet 4. Secondary Street Frontage: Y2 the front setback 5. Rear: 10 -feet 6. Access way (flag or easement): 10 -feet. 7. An ADU that is 16 -feet or less in height may be located a minimum of 4 - feet from a side and/or rear property line. 8. No setback is required for an existing permitted structure or a structure constructed in the same location and to the same dimensions as an existing permitted structure. (g) Building Separations. A minimum separation of five (5) feet shall be maintained between a Primary Dwelling Unit and a detached Accessory Dwelling Unit. (h) Fire Sprinklers. 1. An ADU shall comply with all applicable fire safety provisions of state law, as well as locally adopted building and fire codes under Chapter 15.04. 2. A detached ADU shall be required to be equipped with fire sprinklers unless the primary dwelling unit is not sprinklered. 3. An attached ADU shall provide fire sprinklers per the standards for residential additions. (i) Number of ADUs permitted. Single -Family Zoned Parcels and Small -Lot Single Family Subdivisions: One ADU per parcel shall be permitted. If a lot contains the maximum number of allowed dwelling units no additional ADU or JADU shall be allowed. 2. Residential Multi -Family / Mixed -Use Developments: ADUs shall be permitted in multi -family and mixed-use developments subject to the following: i. Existing non -habitable space within a multi -family building may be converted to one or more ADUs at a maximum ratio of 25% of the existing on-site units above the permitted site density. In addition to the units authorized by subsection (i) above, one additional Accessory Dwelling Unit above the permitted site density shall be permitted within a multi -family or mixed-use development iii. All residential units in a mixed-use development must meet the provisions of the underlying zoning district, except as provided for by Gov Code Section 65852.2, and must be consistent with all land use definitions for such development. 3. If multiple units exist on a site that were constructed prior to designation as an ADU. JADU or UDU, those units must be designated as one of the permitted housing unit types prior to further development of the property 9-5.043 Junior Accessory Dwelling Units. Each Junior Accessory Dwelling Unit (JADU) shall be subject to compliance with the building permit requirements and the following standards: (a) Maximum Floor Area: Each JADU shall be constructed within the walls of an existing or proposed primary dwelling unit and shall be a maximum of 500 square -feet. (b) Septic Systems. JADUs may be served by the system serving an existing or proposed primary unit or a secondary septic system, subject to the approval of the City Engineer and provisions of the City's LAMP. (c) Number of JADUs permitted: One JADU is permitted per single-family residential property or small -lot single-family residential subdivision parcel. If a lot contains the maximum number of allowed dwelling units no additional ADU or JADU shall be allowed. (d) Design Standards: Each JADU may contain separate sanitation facilities or may share sanitation facilities with the principal dwelling unit. 2. Each JADU shall include a separate entrance from the main entrance to the existing or proposed principal dwelling unit and may include an interior entry to the main living area. 3. Each JADU shall, at a minimum, include an efficiency kitchen as defined by the building code. (e) Owner Occupancy: The property owner shall reside onsite and maintain primary residency in either a primary dwelling unit, ADU, or the JADU. 9-5.044 Development Fees (a) Accessory units, whether attached or detached, shall be exempt from Development Impact Fees when the gross floor area is less than 750 square feet. Units 750 square feet and larger shall be subject to the City's adopted development impact fee schedule.