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Ord 8371 1 ORDINANCE NO. 837 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING TITLE 17 OF THE POWAY MUNICIPAL CODE AMENDING REGULATIONS FOR ACCESSORY BUILDINGS, INCLUDING ACCESSORY DWELLING UNITS (ZONING ORDINANCE AMENDMENT 19-003) WHEREAS, on September 18, 2018, the City Council established regulations for an accessory dwelling unit (ADU) in accordance with Zoning Ordinance Amendment 18-002; WHEREAS, the City Council seeks to implement Assembly Bill (AB) 68 and AB 881 and Senate Bill (SB) 13 and SB 330 through the implementation of regulations concerning an ADU; WHEREAS, an ADU is commonly referred to as a "second unit," and is an additional living quarters on a residential lot that is independent of the primary dwelling unit. An ADU may be either attached or detached to the primary dwelling unit, and typically provides complete independent living facilities, including facilities for living, sleeping, eating, cooking and sanitation; WHEREAS, the State Legislature is concerned about the unaffordability of housing in California; WHEREAS, the State Legislature adopted AB 68, AB 881, SB 13 and SB 330 in order to eliminate barriers to ADU construction that the Legislature has determined is a common-sense, cost-effective approach to accommodate future growth and to encourage infill development in developed neighborhoods; WHEREAS, the California Government Code provides that ADUs are a valuable form of housing; that ADUs may provide housing for family members, `students, the elderly, in-home health care providers, the disabled, and others at below market prices within existing neighborhoods; that ADUs may add income and an increased sense of security to homeowners; that ADUs will provide additional rental housing stock; that ADUs offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; and that ADUs are an essential component of California's housing supply; WHEREAS, Section 65852.2(a)(4) of the California Government Code provides that any local ordinance that is inconsistent with Section 65852.2 shall be null and void and state law shall apply unless or until the local agency adopts an ordinance consistent with this new law; WHEREAS, Section 65852.150(b) of the California Government Code provides that local agencies can adopt an ordinance relating to matters including unit size, parking, fee, and other requirements that are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create an ADU on residential lots; WHEREAS, on December 3, 2019, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, Zoning Ordinance Amendment 19-003; and Ordinance No. 837 Page 2 WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: The City Council hereby approves this Ordinance and amends certain sections of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 3: The City Council hereby approves ZOA 19-003 and amends certain sections of the City's Municipal Code as specified below. SECTION 4: The City Council finds that, pursuant to SB 13 (Section 3 — Government Code Section 17980.12 — delay of enforcement on an unpermitted ADU), a habitable structure, addition or interior remodel with unpermitted plumbing, electrical, gas, mechanical equipment, framing or roof materials, excepting framed doorways and garage doors, and egress and ventilation not in compliance with Poway Municipal Code (PMC) Title 15, or as otherwise determined by the Building Official and Fire Marshall to be an immediate threat to the public health and safety, is required to be permitted expeditiously, without delay, to protect the public health and safety. The code compliance division reserves the right to abate unsafe structures, additions and interior remodels in accordance with PMC Chapter 15.32. Upon request, an unpermitted ADU that is found to not be an immediate public health and safety risk as determined by the Building Official and Fire Marshall shall be notified of their right option to a five-year delay of enforcement on the unpermitted ADUs provided correcting the violation is not necessary to protect the public health and safety in accordance with Government Code Section 17980.12. SECTION 5: The City Council directs staff upon adoption to submit a copy of this adopted Ordinance to the State Department of Housing and Community Development (HCD) within 60 days of adoption. HCD may submit written findings to the City as to whether the Ordinance complies with Government Code Section 65852.2. SECTION 6: The City Council directs staff to process applications for an ADU and associated Junior ADU in accordance with timelines directed per the State -Legislature adopted AB 68, AB 881, SB 13 and SB 330. The City shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily dwelling on the lot in accordance with Government Code section 65852.2(a)(3) [effective January 1, 2020]. SECTION 7: This Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15282(h) of the CEQA Guidelines because this is an ordinance intended to implement provisions of Section 65852.1 and 65852.2 and related sections of the Government Code. 1 1 1 1 1 Ordinance No. 837 Page 3 SECTION 8: Section 17.04.030 of the Poway Municipal Code (PMC) shall be amended as follows: 17.04.030 Accessory dwelling unit. "Accessory dwelling unit" (ADU) shall have the meaning defined in Section 65852.2 of the California Government Code, which may be an attached or detached residential dwelling unit, which provides complete independent living facilities for one or more persons. An ADU may or may not include cooking or kitchen facilities separate from the main dwelfingresidence and must provide for living, sleeping, eating, cooking, and sanitation on the same parcel as the main primary single-family or multi -family residence . An accessory dwelling unit also includes an efficiency, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code. SECTION 9: Section 17.04.033 of the PMC shall be added as follows: 17.04.033 Accessory dwelling unit, Junior. "Accessory dwelling unit, Junior" (JADU) shall have the meaning and size limitations defined in Section 65852.22 of the California Government Code. SECTION 10: Section 17.04.633 of the PMC shall be added as follows: 17.04.633 Residence, main single-family. "Residence main sin • Ie-famil 11 means a sin•le-famil dwellin• and main residence. SECTION 11: Section 17.08.100 subsection B of the PMC shall be amended as follows: 17.08.100 Permitted and conditional uses — Residential uses. [excerpts only] Residential uses in residential zones shall be as follows: Residential Uses B. Accessory dwelling unit on the same lot as an -existing single-family or an existing multiple dwelling (see PMC 17.08.180) RS- RS- RS- RS - through RC RA C, RS -1 2 3 4 7 P P P P P XP XP SECTION 12: Section 17.08.170 subsections B.4, B.5 and B.6 of the PMC shall be amended as follows: 17.08.170 Property development standards — Additional requirements. [excerpts only] B. Required Setbacks. Ordinance No. 837 Page 4 4. Where a portion of a main residenceresidential building is nonconforming in terms of current rear yard and/or side yard setbacks, the existing distance from the side or rear lot line established by the nonconforming portion of the building shall be used as the required setback distance for any additions to that building in the side yard and rear yard areas. 5. In situations where a rural residential or single-family residential lot is so irregular, as to prohibit or unduly restrict the construction of a single-family dwellinghome, within the required setbacks noted in this title, the Director of Development Services shall have the authority to alter the setback locations, i.e., front, side and rear yards, to enable the property owner to enjoy the same privileges as those enjoyed by other property owners in the same area. 6. Additions to the Main ResidenceBuilding. Additions to the main residences ding shall be allowed to encroach into the required rear yard setback up to one-half the distance but shall otherwise comply with the development standards contained in PMC 17.08.160. SECTION 13: Section 17.08.180 of the PMC shall be amended as follows: 17.08.180 Accessory buildings and structures. An accessory building or structure, attached to or detached from the main residence, shall be located on a lot that contains a Jan -marl -dwell -mg. main residence and shall comply with the setback, height and lot coverage requirements as contained in PMC 17.08.160 except as provided in this section. Except for an accessory dwelling unit or a junior accessory dwelling unit as described in Subsection A herein, Aa minor development review application shall be required for an accessory building or structure that results in new habitable space that is 750 square feet or larger. Except as provided in Subsection A herein, no accessory building or structure shall attach to a main residence unless setbacks for the main residence are complied with for all structures to be attached. A. Accessory Dwelling Units and Junior Accessory Dwelling Units. The purpose of this subsection is to provide regulations for the establishment of an accessory dwelling unit (ADU) or a junior accessory dwelling unit (JADU) in residential zones and to define an approval process for such units. The intent of this—subsection is to provide opportunities for more 1. No ADU or JADU shall be constructed or maintained without the approval of a building permit in accordance with PMC Title 15 and full compliance with the performance standards identified within this section. 2. No more than one ADU shall be permitted per single-family lot. Either one ADU or one JADU shall be permitted per main single-family residence or both may be permitted on a single lot provided both units meet the requirements set forth in Government Code Section 65852.2(e)(1)(A) & (B), including, but not limited to, the following: a. The ADU shall be detached, shall not exceed 16 feet in height and shall not exceed 800 square feet in floor area; and b. The JADU shall be located within a proposed or existing main single-family residence or an existing accessory structure and may include not more than 150 square feet beyond the same physical dimensions of the existing accessory structure and shall accommodate ingress and egress including exterior access 1 1 1 1 Ordinance No. 837 Page 5 from the proposed or existing single-family dwelling. The JADU shall comply with requirements of Government Code Section 65852.22 including, but not limited to, that either the JADU or the main single-family residence shall be owner -occupied. Multiple ADUs are permissible on a lot that has an existing multiple dwelling and is zoned for residential or mixed use in accordance with Government Code Section 65852.2(e)(1). A single-family dwelling or multiple dwelling is required for an ADU and/or JADU to be permitted. 3. An ADU or JADU may be rented separate from the main residence but may not be sold or otherwise conveyed separate from the main residence. 4. Lots which contain an ADU or JADU shall not be further subdivided if the subdivision will result in a detached ADU or elgmain residence being located on a lot containing Tess than the minimum net area required by the zoning of the property. 5. The ADU may be either detached or attached . A detached ADU shall be located at least 10 feet from the main residence or other detached accessory building. Attached to the main residence requires a roof attachment equal to the width of the structure to be attached and shall not be greater than 10 feet from the main residence, excluding eaves. The roof of the structure to be attached shall match the eave widths and roofing materials, color and style of the main residence. 6. The ADU or JADU shall comply with the setback, height and lot coverage requirements as contained in PMC 17.08.160, except that an detached ADU shall be limited to one story and shall not exceed 16 feet above the average grade, however, an ADU or JADU in compliance with the required setbacks for the main residence a -shall not exceed the height of the main residence and shall be permitted to be at or below the maximum allowable height for the main residence. 7. The ADU or JADU shall be similar and compatible to the main residenceprimary dwelling in exterior color, architectural style, window treatments and siding and roof materials. 8. The floor area of the ADU and an JADU shall be permitted as follows: a. The floor area of an attached ADU shall not exceed 50 percent of the floor area contained in the main residence (not including garage area) or 1,500 square feet, whichever is less. The attached ADU, however, shall not be required to contain Tess than 1,000 square feet for an ADU that provides more than one bedroom and less than 850 for an ADU that provides no bedrooms unless this is necessary to meet setback requirements. b. The floor area of a detached ADU shall not exceed 50 percent of the floor area contained in the main residence (not including garage area) or 1,500 square feet, whichever is Tess. The detached ADU, however, shall not be required to contain less than 1,200 square feet unless this is necessary to meet setback requirements. c. The floor area of a JADU shall not exceed 500 square feet, shall be attached to the main single-family residence and the JADU shall meet requirements in Government Code Sections 65852.2 and 65852.22. Ordinance No. 837 Page 6 not exceed 50 percent of the floor area contained in the primary dwelling (not including garage area) or 1,500 square feet, whichever is les€. An ADU, however, shall not be :-- - -- - e --- or setback requirements. 9. An existing legally permitted garage, accessory structure or portions of an existing main single-family residence may be converted to an ADU or JADU or all or portions thereof may be demolished and replaced with an ADU or JADU within the same building footprint regardless of its location on the lot. 10. A minimum setback of four feet from the side and rear lot lines shall be required for an ADU or JADU, except that an addition to a structure not exceeding 150 square feet to accommodate an ADU or JADU may encroach into this side or rear setback provided that all of the following conditions are met: a. Ingress and egress to the ADU or JADU is accommodated, b. A minimum 4 -foot setback from the side and rear property line is provided within a Very High Fire Hazard Area (VHFHA), c. Exterior access is provided, and d. The JADU complies with all requirements applicable to a JADU in accordance with Government Code Section 65852.22 4-011. One off-street parking space shall be provided for the ADU, which may be provided as tandem parking on a driveway and shall be permitted in setback areas unless the Director of Development Services or the Director's designee makes specific findings that parking in setback areas or tandem parking is not feasible based upon specific site topography or fire and life safety conditions. No off-street parking shall be required in any of the following instances: a. The ADU is located within -one-half mile walking distance of a public transit stop. b. The ADU is located within an architecturally and historically significant historic district. c. The ADU is part of the existing prima-rymain residence or an existing accessory structure. d. The ADU is located in an area of the City where on -street parking permits are required but not offered to the occupant of the ADU. e. The ADU is located within one block of a car -share vehicle's pick-up location, as established by the City. f. The creation of a JADU that meets requirements in Government Code Sections 65852.2 and 65852.22. 4412. If an existing garage or carport is converted to an ADU or JADU or demolished in conjunction with the construction of an ADU or JADU, the parking spaces {up to two) shall not be required to be replaced 1 1 1 1 Ordinance No. 837 Page 7 4-213. For a main single-family residence with a JADU, either the main single-family residence or the JADU must be occupied by the owner of the property at all times that either unit is held out for rent, pursuant to Government Code 65852.22(a)(2). Either the main residence or the ADU must be occupied by the owner of the property at all times that either unit is held out for rent. 4-314. The main dwel-14-hgresidence, ef-ADU or JADU shall only be used for rental of terms longer than 30 days. 4415. Development impact fees required for an ADU shall not exceed 50 percent of the total development impact fees applicable to a new single-family dwelling. Development impact fees required for a JADU or ADU less than 750 square feet shall not be required. 1-516. An ADU or JADU shall not be considered a new residential unit for purposes of calculating water and sewer connection fees or capacity charges. However, the property owner may request a new or separate utility connection directly between the ADU or JADU and the utility. The connection shall be subject to a connection fee or capacity charge as established by the City Council for other residential service connections only if the ADU is constructed with a new single-family dwelling; provided, however, that this fee or charge shall not exceed the reasonable cost of providing this service. 4.617. An ADUs or JADU shall not be required to provide fire sprinklers if they are not required for the prim-arymain single-family residence i-nq unless the ADU exceeds 1,200 square feet in floor area. 1-18. The City may offer incentives to encourage development of accessory dwelling units. If an owner of an ADU elects to file a 30 -year deed restriction to rent the unit to a lower-income household, the City may consider waiving fees (including waiving the inclusionary housing in -lieu fee), reducing parking or other development standards, or approving other forms of assistance. Receipt of such incentives shall require the owner to: a. Rent the accessory dwelling unit to a lower-income household, as defined annually by the State Department of Housing and Community Development at a rate that shall not exceed an amount which is equal to 30 percent of the gross monthly income of a low-income household, at 80 percent of the San Diego County median income, adjusted for household size. b. File an agreement with the City's Development Services Department documenting the household's eligibility to occupy the accessory unit. c. Record a deed restriction specifying the property restrictions on the accessory dwelling unit for the 30 -year term. d. Assign and record the deed restriction using a form of assignment and assumption approved by the Director of Development Services in the event that the property is transferred or sold. 19. In conjunction with the construction of an ADU or a JADU, the correction of legal - nonconforming zoning conditions as defined in Section 17.44.020 shall not be required. This subsection shall not be considered in the application of any local ordinance, policy or program to limit residential growth. Ordinance No. 837 Page 8 B. Other Habitable Accessory Buildings. Habitable accessory buildings, excluding accessory dwelling units and junior accessory dwelling units, may be located on the same lot as an existing single-family dwelling and shall comply with the following standards: 1. The habitable accessory building may be either attached to or detached from the main residencep+ . A detached habitable accessory building shall be at least 10 feet from the main residence or other detached accessory building. 2. A habitable accessory building is limited to one room and may contain a separate bathroom, a bar fridge and/or a bar sink but may not contain other cooking or kitchen facilities. A habitable accessory building must have heating 3. The habitable accessory building shall comply with the setback, height and lot coverage requirements of PMC 17.08.160. 4. The habitable accessory building shall be similar and compatible to the main residence in architectural style and materials. 5. The floor area of the habitable accessory building shall not exceed 25 percent of the floor area contained in the main residence (not including garage area) or 1,500 square feet, whichever is Tess. However, a habitable accessory building shall not be required to contain less than 500 square feet unless this is necessary to meet lot coverage or setback requirements. 6. The habitable accessory building shall never be rented or leased as a separate unit. A deed restriction stating these limitations shall be recorded with the County Recorder. 7. The combined total area of all habitable accessory structures on a lot, including an ADU or JADU, shall not exceed 50 percent of the floor area of the main residenceary dwelling (not including the garage area) or 1,500 square feet, whichever is less. C. Detached Nonhabitable Accessory Buildings. Detached nonhabitable accessory buildings with a projected roof area that exceeds 120 square feet shall comply with the following: 1. Size. On lots less than two net acres in size, a detached nonhabitable accessory building shall not be greater than 50 percent of the gross floor area of the living space of the main residence on the lot or 1,500 square feet, whichever is less. A garage with a gross floor area no greater than 600 square feet is permitted regardless of the living space of the main +ldingresidence, if no other garage is located on the lot. A detached nonhabitable accessory building that does not exceed 50 percent of the gross floor area of the living space of the main residence on the lot but is greater than 1,500 square feet may be approved with a minor development review permit pursuant to Chapter 17.52 PMC. On lots greater than two net acres or more in size, the size limits for nonhabitable accessory buildings and garages do not apply. 2. Height and Setbacks. A detached nonhabitable accessory building shall meet all of the required setbacks, height and lot coverage requirements contained in PMC 17.08.160, except that a building - : - - : _ - - - - - - - ' - that is limited to one story and does not exceed 16 feet above the average grade may be allowed to encroach into the required rear and interior side yard setbacks as follows, provided the overall lot coverage is not exceeded: 1 1 1 1 Ordinance No. 837 Page 9 a. Rear Yard Setback. Located no closer than five feet from the rear property line, excluding a maximum two -foot eave overhang, and at least 10 feet from the main residence or other detached accessory building. b. Interior Side Yard Setback. Located no closer than five feet from the interior side property line, excluding a maximum two -foot eave overhang, and detached at least 10 feet from the main residence or other detached accessory building and within the rear yard area only. 3. A deed restriction stating that the accessory building will not be habitable, rented or leased as a separate unit, and no kitchen facilities will be installed, shall be recorded with the County Recorder. D. Detached buildings with a projected roof area less than 120 square feet may be located anywhere on a single-family residential lot, except within the front and street side yard areas, provided the eaves do not overhang the adjacent property. These buildings shall not exceed eight feet in height. Detached buildings shall be separated from other buildings by 10 feet minimum. E. 1. Canopies, patio covers, carports, breezeways, and other similar accessory buildings and structures as determined by the Director of Development Services, which are attached to the main residence or connecting the main residence with a detached accessory building, may extend into a required rear or interior side yard; provided, that portions of such structures extending into the yard comply with all of the following: a. Height. Shall not exceed 1-516 feet in height. b. Interior and Rear Yard Setback. Shall be located at least five feet from an interior side yard and at least 10 feet from the rear lot line. c. Front and Street Side Yard Setback. Shall comply with the setbacks of the main residence. d. Design. Shall be entirely open on at least three sides except for necessary supporting columns. A roof connecting a main residence and an accessory building, such as a breezeway, shall be open on two sides. e. Eaves. May project one-half the distance into the required side yard setback. 2. Canopies, patio covers, carports, gazebos, breezeways, and other similar accessory buildings and structures as determined by the Director of Development Services which are detached from the main residence may extend into a required rear or interior side yard; provided, that portions of such structures extending into the yard comply with all of the following: a. Height. Shall not exceed 1-516 feet in height. b. Interior and Rear Yard Setback. Shall be located at least five feet from an interior side yard and rear lot lines. c. Front and Street Side Yard Setback. Shall comply with the setbacks of the main residence. Ordinance No. 837 Page 10 d. Design. Shall be entirely open on at least three sides for patios and canopies except for necessary supporting columns. e. Eaves. May project one-half the distance into the required rear or side yard setback. f. Building Setback. Shall observe a minimum 10 feet from the residence or other detached accessory structure. F. Porches, steps, architectural features such as eaves, awnings, and chimneys, and balconies, stairways, wing walls or bay windows may project not more than four feet into any required front or rear yard area, nor into any required interior or street side yard setback more than one-half of said required side yard setback. G. Swimming pools or spas, including mechanical equipment, diving boards, slides and similar devices, shall be located a minimum of three feet from the main residence on the lot and at least five feet from the side and rear property lines and shall comply with all fencing requirements of PMC 8.52.050. In no instances shall swimming pools or spas be located within the front yard setback. SECTION 14: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, 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 enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 15: This Ordinance shall be codified. SECTION 16: All references to the Government Code are inclusive of any amendments that may occur following adoption of this Ordinance. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. 1 1 1 Ordinance No. 837 Page 11 INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 3rd day of December, 2019, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of December, 2019, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: MULLIN, LEONARD, FRANK, GROSCH, VAUS NONE NONE NONE Clerk M a City a.. . CMC Steve Vaus, Mayor