Loading...
Ord 679 ORDINANCE NO 679 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTERS 1704,1708 AND 1752 PERTAINING TO ACCESSORY BUILDINGS AND STRUCTURES (ZOA 08-02) WHEREAS, Title 17 of the Poway Municipal Code is known as the Zoning Ordinance and contains standards for development within the City as well as standards to ensure the public's health, safety and welfare, and WHEREAS, on April 15, 2008 the City Council conducted a public workshop on development standards for accessory buildings, and WHEREAS, the proposed changes will allow greater clarity for the public in the application of the Zoning Ordinance, and WHEREAS, on October 7, 2008 and October 21, 2008, the City Council held duly advertised public hearings on Zoning Ordinance Amendment (ZOA) 08-02. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS Section 1. The City Council finds that the adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of the CEQA Guidelines because it pertains to modifications to the development standards and application requirements for accessory buildings and there is no possibility this will have a significant effect on the environment. Section 2: That Chapter 1704, Definitions, of the Poway Municipal Code IS amended to add the following definitions. "Alteration" means any change to the exterior surfaces of a building including but not limited to renovation, rehabilitation, reconstruction, restoration, replacement, or rearrangement of structural parts or elements or any changes that affects the plan configuration of walls, spaces or bulk of a building Alteration does not include painting "Attic" means the area between the roof framing and the ceiling of the rooms below that is not habitable, but may be reached by ladder from the interior of the building and used for storage Improvement of an attic to habitable status shall make it a story "Building, Main" means a building within which is conducted the principal use permitted on the lot as provided in this Title "Crawl space" means an enclosed area below the first usable floor of a building, generally less than 5 feet in height, used for limited access for plumbing and electrical utilities. Ordinance No 679 Page 2 "Garage Private" means an accessory building or an accessory portion of the main building designed and/or used for the shelter or storage of vehicles of the occupants of the main building. "Remodel" means any improvement to the exterior or interior of a building that requires a building permit. "Residence, Main" means a building within which is conducted the principal residential use permitted on the lot as provided in this Title "Use, Principal" means the primary purpose for which a building, structure or lot is designed, arranged or intended, or for which they may be used, occupied or maintained under this Title Section 3. That Section 1708 170 B, Required Setbacks, subdivision 6 of the Poway Municipal Code is amended to read as follows' 6 Additions to the Main Building Additions to the main building shall be allowed to encroach into the rear yard setback up to one-half the distance but shall otherwise comply with the development standards contained in PMC 1708160 Section 4. That Section 1708180, Second dwelling units, of the Poway Municipal Code is amended to read as follows: 1708180 Accessory Buildings and Structures An accessory building or structure, attached or detached to the main residence, shall be located on a lot that contains a main residence and shall comply with the setback, height and lot coverage requirements as contained in PMC 1708160 except as provided in this section. A. Second dwellinq unit. As provided by Government Code Section 65852.2(a), second dwelling units, also referred to as accessory apartments, may be located on the same lot as an existing single-family dwelling except in those areas of the City determined by resolution of the City Council to be inappropriate for second units Such resolution shall be adopted annually The resolution shall designate which areas of the City do not have adequate water, sewer, or other municipal seNices for second units or in which second units would have a significant adverse impact upon traffic flow In areas so designated, applications for second dwelling units shall not be processed In all other areas, second dwelling units may be permitted where the following standards are met: 1 No second dwelling unit 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 Lots which contain a second dwelling unit shall not be further subdivided if the subdivision will result in a detached second unit or main residence being located on a lot containing less than the minimum net area required by the zoning of the property 3 The second dwelling unit may be either detached or attached to the main residence A detached second dwelling unit shall be located at least 10 feet from the main residence or other detached accessory building. Ordinance No 679 Page 3 4 The second dwelling unit shall comply with the setback, height and lot coverage requirements as contained in PMC 1708160 5 The second dwelling unit shall be similar to the main residence in architectural style and materials. 6 One additional on-site covered parking space shall be provided for the second dwelling unit. 7 Proof shall be provided to the Director of Development Services that the additional unit will not over-burden the available sewer and/or water capacity of the area. 8 The floor area of the second dwelling unit 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 less A second dwelling unit, however, shall not be required to contain less than 500 square feet unless this is necessary to meet lot coverage or setback requirements. 9 Either the main residence or the second dwelling unit must be occupied by the owner of the property at all times that either unit is held out for rent. 10 No more than one second dwelling unit shall be permitted on a lot. 11 All fees required of new dwelling units including, but not limited to, sewer fees, school fees and parkland dedication fees shall apply This subsection shall not be considered in the application of any local ordinance, policy or program to limit residential growth B Other habitable accessorv bUlldlnQs. includinQ Quest houses. Habitable accessory buildings, including guest houses, but excluding second 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 detached or attached to the main residence A detached habitable accessory building shall be at least 10 feet from the main residence or other detached accessory building. 2. The habitable accessory building shall comply with the setback, height and lot coverage requirements of PMC 17 08 160 3 The habitable accessory building shall be similar to the main residence in architectural style and materials. 4 Proof shall be provided to the Director of Development Services that the habitable accessory building shall not overburden the available sewer and/or water capacity of the area. 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 less 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 and no kitchen facilities shall ever be installed A deed restriction stating these limitations shall be recorded with the County Recorder Ordinance No 679 Page 4 7 No more than one habitable accessory building allowed pursuant to this subsection shall be permitted on a lot. C Detached nonhabitable accessory buildinqs 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 2 net acres in Size, a detached nonhabitable accessory building shall not be greater than 50% 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 building if no other garage is located on the lot. A detached nonhabitable accessory building that does not exceed 50% 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 PMC Chapter 1752 2. Heiqht and Setbacks. A detached non habitable 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 no taller than 15 feet in one story may be allowed to encroach into the required rear and interior side yard setbacks as follows, provided the overall lot coverage is not exceeded: a. Rear yard setback: located no closer than 5 feet from the rear property line, excluding 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 5 feet from the interior side property line, excluding eave overhang, and 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 rented or 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 8 feet in height. E. Canopies, patios and breezeways 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' 1 Heiqht. Shall not exceed 15 feet in height. 2. Interior and Rear Yard Setback. Be located at least 5 feet from an interior side yard and at least 10 feet from the rear lot line 3 Front and Street Side Yard Setback. Comply with the setbacks of the main residence Ordinance No 679 Page 5 4 DesiQn Shall be entirely open on at least three sides for patios and canopies except for necessary supporting columns. A roof connecting a main residence and an accessory building shall be open on two sides 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 shall be located a minimum of three feet from the main residence on the lot and at least 5 feet from the property line 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 5. That Section 1708185, Guest Houses, of the Poway Municipal Code is hereby deleted. Section 6. That Section 1752.050, Action by the Director, subdivision A, of the Poway Municipal Code is amended to read as follows A. The Director shall have the authority to approve, deny or modify applications for minor development review projects as designated below' 1 Single-family homes not within a tract subdivision, I.e, custom homes, 2. Construction of an addition to a single family home, a detached accessory building and/or reconstruction of a single-family home which results in more than an additional 750 square feet of habitable space This section shall also apply to multiple additions if, in any twelve month period, a building permit is issued for more than one addition to a single family home or detached accessory building and the total square footage of the approved additions results in more than an additional 750 square feet of habitable space If the construction of an addition that is less than 750 square feet of habitable space has received final approval from the City at least one year prior to the submittal of a request for a new addition of habitable space, the square footage of the prior addition shall not count toward the 750 square foot threshold 3 On lots greater than 2 net acres in size, the construction of a detached non habitable accessory building that does not exceed 50% of the gross floor area of the living space of the main residence on the lot but is greater than 1,500 square feet gross floor area as allowed pursuant to PMC 17 08 180(C)( 1) 4 Remodeling, alterations or additions of commercial and industrial buildings that total less than 10,000 square feet of gross floor area or 25 percent of the gross floor area of an existing building on the site whichever is more restrictive 5 Construction or alteration of utility facilities in, on, over, upon, across, and along the public streets and public rights-of-way within the City of Poway shall require approval of a minor development review permit from the Director of Ordinance No 679 Page 6 Development Services if the facilities include a surface-mounted cabinet with a dimension (width, height, or length) greater than 36 inches, or where more than one cabinet of any size is located closer than 100 feet to another cabinet of any size Exempt from this requirement are facilities placed underground. The applicant shall comply with the "Guidelines for the Placement of Utility Facilities in the Public Rights-of- Way" EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of this passage, and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway Introduced and first read at a regular meeting of the City Council of the City of Poway held this yth day of October 2008 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 18th day of November 2008, by the following roll call vote ~ or Michael P ATTEST . T yan, MMC, City Clerk ATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 679, was duly adopted by the City Council at a meeting of said City Council held on the 18th day of November 2008, and that it was so adopted by the following vote AYES NOES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NONE ABSENT NONE DISQUALIFIED' NONE A. Troyan, MMC, City Clerk of Poway