.. ~ ORDINANCE NO. 3068

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1 .. ~.. ORDNANCE NO AN ORDNANCE OF THE CTY COUNCL OF THE CTY OF W HTTER, CALFORNA, DETERMNNG THAT ZONNG CODE AMENDMENT S DEEMED CATEGORCALLY EXEMPT UNDER SECTON 15061(8)(3) OF THE CALFORNA ENVRONMENTAL QUALTY ACT (CEQA} AND AMENDNG VAROUS SECTONS OF DVSON 1 TTLE 18 OF THE WHTTER MUNCPAL CODE RELATED TO "SECONDARY/ACCESSORY DWELLNGS" AND "SECOND UNTS" WHEREAS, effective January 1, 2017, pursuant to Assembly Bill 2299 and Senate Bill 1069, Government Code was amended, and as a result, various provisions of the existing Whittier Municipal Code have become inconsistent with state law and must be updated; WHEREAS, effective January 1, 2017, Government Code Section was amended to refer to "accessory dwelling unitsd rather than "second units or "secondary dwellings;n WHEREAS, the City desires to update its established procedure authorizing the Director of Community Development or their designee to consider accessory dwelling units ministerially, subject to established standards and criteria, in compliance with the standards in Government Code Section ; WHEREAS, it is in the best_ interest of the public to establish and update reasonable standards relating to provision of affordable housing in specified zones in the City; WHEREAS, on February 6, 201 7, the Planning Commission held a duly noticed public hearing, and at the conclusion of said hearing adopted Resolution No. PC17-01 recommending approval to the Zoning Code Amendment No. ZCA to amend various provisions of the Whittier Municipal Code pertaining to secondary/accessory dwelling units to be consistent with changes in state law requirements; WHEREAS, on March 20, 2017, the Planning Commission conducted a properly noticed public hearing on Zoning Code Amendment No. ZCA to reconsider various provisions of the Whittier Municipal Code pertaining to accessory dwelling units; WHEREAS, the project has been deemed Categorically Exempt pursuant to Section (b)(3) of the California Environmental Quality Act; WHEREAS, the City Council conducted a duly noticed public hearing on April 11, 2017, and May 23, 2017, concerning Zoning Code Amendment No. ZCA17-001;

2 Ordinance No Page2 WHEREAS, the City Council finds that the publication of the entire text of this ordinance in a newspaper of general circulation would cost significantly more than the cost of publishing other ordinances; and WHEREAS, pursuant to subdivision (c) of Section of the California Government Code, the City Council may publish a summary of this ordinance in lieu of the entire text. NOW, THEREFORE, THE CTY COUNQL OF THE CTY OF WHTTER. CALFORNA, DOES HEREBY ORDAN THE FOLLOWNG: SECTON 1. The City Council finds that it can be seen with certainty that there is no possibility that the herein code amendment will have a significant effect on the environment, and therefore the herein code amendment is exempt from environmental review pursuant to Section (b )(3) of the California Environmental Quality Act. SECTON 2. Amend Chapter "Definitions". Section shall be repealed in its entirety. A new Section shall be added to the Whittier Municipal Code with the following text Accessory Dwelling Unit "Accessory Dwelling Unit" means any attached or detached residential unit which provides complete independent living facilities on the same parcel as a legal single family residence including, but not limited to, the permanent provisions for living, sleeping, eating, cooking and sanitation and those units previously referred to in this code as "secondary dwelling units," "secondary units.ff or "second units." An accessory dwelling unit also includes efficiency units as defined in Section of the Health and Safety Code and manufactured homes as defined in Section of the Health and Safety Code. SECTON 3. Chapter Section , subsection () is hereby repealed and replaced in its entirety with the following text: {1) Accessory Dwelling Units. Accessory dwelling units shall be permitted in the R-E and R-1 zones including multi-family residentially zoned properties with an existing single owner occupied dwelling in accordance with the following regulations: 1. Location. One accessory dwelling unit may be located on any property zoned R-E and R-1 including multi-family zoned properties with an existing single owner occupied dwelling as the primary use of the property except that no accessory dwelling unit shall be permitted in any area of the city identified by resolution of the planning commission and/or city council as being significantly impacted by insufficient capacity for sewers, traffic circulation, parking, public utilities or similar infrastructure needs. 0 \Planning\C Plans - Regulallons\Zona Regs\Amendmen!CaseslZCA Second Unit Amen(lment SB 1069\CC (2nd Read,ng)\F~ Draft SB 1069 On:fillance 2nC dwel!lng as amel'kled doc

3 ... Ordinance No Page 3 2. Number of Units Per Parcel. A maximum of one accessory dwelling unit shall be allowed per existing single-family parcel. All units shall comply with the California Building Code. 3. Distance. The distance between any detached accessory dwelling unit and the main dwelling shalt not be less than ten feet except that if the entrance of the accessory dwelling faces the rear of the main building then the distance between the accessory dwelling and the main building shall not be less than twenty feet as provided in Section (C)(2}. 4. Lot Coverage. An accessory dwelling unit shall adhere to the lot coverage requirements applicable to the main dwelling unit. n no case shall an accessory dwelling unit be constructed on a lot that is substandard in size by more than five percent {5 %) for its zoning classification. 5. Unit Size. A. The minimum floor area for an accessory dwelling unit shall be at least one hundred fifty (150) square feet to accommodate an efficiency unit. The maximum floor area allowed for the construction or conversion of an accessory dwelling unit attached to the main structure shall not exceed fifty percent of the living area of the main structure or one thousand two hundred (1,200) square feet, whichever is less. f the accessory dwelling unit is detached from the main structure the maximum floor area shall be one thousand two hundred (1,200) square feet. B. On lots twenty thousand square feet and greater, the maximum floor area allowed for the construction of an accessory dwelling unit which is attached or detached from the main structure shall not exceed one thousand five hundred (1,500) square feet 6. Setback. The accessory dwelling unit shall adhere to the setback requirements applicable to the primary dwelling unit. 7. Parking. A. On-site parking for an accessory dwelling unit one thousand two hundred (1,200} square feet and under shall consist of one tandem or non-tandem parking space that is either covered or uncovered elsewhere on-site as allowed by this code. No additional curb cuts are permitted for an accessory dwelling unit unless approved by the director of public works. O ~C pq,n5 - Regul 110n1\Zone Reg 'Amendment\CaulZCA Second Unit Amendme/11 5 B1 De9\CC (2nd Rffdtng)\Flfllll Oralt SB Ordin oce 2nd dwelhng as - nded doc

4 Ordinance No Page 4 B. Lots that are twenty thousand {20,000) square feet and greater which are developed with an secondary accessory dwelling unit that exceeds one thousand two hundred (1,200) square feet shall provide on-site parking for the second accessory dwelling unit consisting of a minimum of two covered, non-tandem, parking spaces. C. The parking standards for an accessory dwelling unit do not apply in any of the following instances: (i) The accessory dwelling unit is located within one-half mile of public transit. (ii) The accessory dwelling unit is located within an architecturally and historically significant historic district. (iii)the accessory dwelling unit is part of the existing primary residence or an existing accessory structure. (iv) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (v) When there is a car share vehicle located within one block of the accessory dwelling unit. 8. Architectural Standards. The accessory dwelling unit shall be compatible in exterior appearance with the primary unit, as well as existing dwellings in the vicinity of the lot or parcel on which it is proposed to be constructed, in accordance with code design standards and guidelines applicable to the zone. 9. Height. An accessory dwelling unit shall not exceed one story and shall be no greater than twelve feet in height, unless additional height is necessary to match the roof pitch of the primary structure. When an accessory dwelling unit is located above a garage or accessory structure. the height shall be measured from the top of the first floor top plate and shall conform to the following: A. Accessory structures with habitable space, as defined by the California Building Code, or which have bathing facilities, are considered accessory area and subject to the requirements of Section (H). 8. The second floor area of a two-story accessory building shall not exceed seventy-five percent of the ground floor area of the accessory structure. C. The entry to accessory structures buildings other than structures designed exclusively as garages shall face the principal dwelling on the lot. D. Stairway access to the second floor shall be interior. 0 P!anning\C - Plans. Regulatons\Zone Regs\Arnendment\Cases\ZCA Second Ulllt Amendment SB10S~\CC (2nd Read ng)f,nai Dra1t SB 1089 Ordinance 2nd clwel ng as amended doc

5 Ordinance No Page 5 '-&{ 10. Development Standards. The accessory dwelling unit shall comply with all zone appropriate development standards listed in Sections , and/or of the Whittier Municipal Code for the R-E and/or R-1 zoning district. 11. Occupancy. One of the residential dwellings on a lot on which the accessory unit is proposed to be established shall be occupied as the primary residence of the owner of the lot and shall not be rented or leased as long as the accessory unit exists. f, thereafter, the owner occupies neither unit, the accessory unit shall automatically become a non-habitable space, shall not be used as a dwelling and shall not be rented. 12. Deed Restrictions. Before obtaining an accessory dwelling unit permit, the property owner shall file with the county recorder a declaration or agreement of restrictions, which has been approved by the city attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that: (a) the accessory dwelling unit shall not be sold separately; (b} the accessory dwelling unit is restricted to the maximum size allowed per the development standards set forth in this section, (c} the accessory dwelling unit shall be considered legal only so long as eit her the primary residence, or the accessory dwelling unit, is occupied by the owner of record of the property; and (d) the restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner. 13. Historic Preservation. f the accessory dwelling unit is to be constructed on a parcel identified on any federal, state or local list of historic or eligible historic resources, the accessory unit shall not adversely impact the property's integrity to convey its historic significance through the seven (7} aspects of integrity consisting of: setting, location, design, materials, workmanship, feeling or association, as described in National Register Bulletin 15. Likewise, the accessory dwelling unit shall not be placed or constructed so as to result in a modification of any existing historic resource on the parcel, unless alterations to the existing historic resources on the property conform to the United States Secretary of nterior's Standards for Treatment of Historic Properties. 14. Approval. The application for an accessory unit shall be reviewed by the Community Development Director or his or her designee for compliance with the provisions of this Section. The Community Development Director shall ministerially approve the creation of an accessory dwelling unit if the accessory dwelling unit complies with this Section and all of the following: (A) The unit is not intended for sale separate from the primary residence and may be rented. (B) The lot is zoned for R-E or R-1 single-family or multifamily use. 0 \PlaMlflll\C Plana Re9ulab0n11Zone R.\Amenclment,Ca.seslZCA Second Unit Amendment SB 10!111\CC & (2nd ReadJnt!JF1naJ Ora!'t S On1111ance 2nd Clwel~ng as amended doc

6 Ordinance No Page6 (C) The lot contains an existing single-family dwelling. (D) The accessory dwelling unit occupies a pre-existing structure that is either attached to an existing dwelling or detached from the dwelling, located on the same lot as the existing dwelling. (E) 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, whichever is less. However, if the lot size is equal to or exceeds 20,000 square feet the accessory dwelling unit shall not exceed 50 percent of the existing living area with a maximum floor are of 1,500 square feet, whichever is less. {F) The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet, unless the lot size is equal to or greater than 20,000 square feet in which case the accessory dwelling unit shall not exceed 1,500 square feet. (G) Requirements relating to height. setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located. (H) Local building code requirements that apply to detached dwellings have been met. () Approval by the local health officer has been given where a private sewage disposal system is being used. (J) Does not impact the ability of any on-site resources to retain sufficient integrity to convey historical significance. (K) All requisite on-site parking is provided. 15. nterpretation by Planning Commission. f a question arises in relation to interpretation or applicability of a provision of this section, the matter shall be considered by the planning commission as a report and recommendation item, and determined by resolution. SECTON 4. Revise Chapter The first sentence of Section (H} is hereby repealed and replaced with the following text: H. Accessory Living Area. One accessory living area may be permitted on lots in the H-R. R-E, and R-1 zones with not more than one dwelling unit or accessory dwelling unit, subject to the following: SECTON 5. Revise Chapter Section , subsection (C) is hereby repealed and replaced with the following text: C. Any accessory dwelling unit located in the R-E, and R-1 zone, including multifamily residentially zoned properties, shall be subject to the standards in Section () - Accessory Dwelling Units. 0 \Piann,ng\C Plans Regutabons\Zone Regs1Amendment.Cases 1 ZCA Second Urut Arnendmen1 SB10691CC (2nd Read,ng)F,nal Draft S Olllmance 2nd dwel,ng as amended doe

7 -. Ordinance No Page 7 4~3 SECTON 6. Revise Chapter Section , subsection (D) is hereby revised with the following text: D. The physical location of the existing primary residence and/or an accessory unit on the property does not enable the required on-site parking to be provided without the primary or accessory unit being demolished or significantly altered. SECTON 7. Revise Chapter Section entitled roff-street Parking Schedule") is hereby revised as follows: The Land Use Classification cited in the fourth row of the chart shall be entitled "Accessory Dwelling Units in the R-E, and R-1 zones, including multi-family residentially zoned properties," and provide as follows: land Use Classification 1. Residential A. Residential Zones R E and R-1 1. Accessory living areas 2. Accessory Dwelling Units in the R-E, and R-1 zones, including multifamily zoned properties Off-Street Parking Schedule Parking Requirements (Spaces/net floor area) Four parking spaces for each unit. Off-street parking facilities shall provide a minimum of two non-tandem parking spaces within an enclosed garage. Additional on-site parking spaces may be developed in tandem on the property. One parking space, if the accessory living area includes any bathing facilities. One tandem parking space on an existing driveway or one non-tandem parking space that is either covered or uncovered when the accessory dwelling unit is 1,200 square feet or less. No additional curb cuts are permitted for an accessory dwelling unit unless approved by the Director of Public Works. (See Section ()(7)(C) for Accessory Dwelling Units not subject to these Parking Requirements per California Government Code , as it may be amended from time to time.) For accessory dwelling units that are over 1,200 square feet and built on a lot that is 20,000 square feet and greater, a minimum of two covered, non-tandem, on-site parking spaces shall be provided for the accessory dwelling unit. 0 PlenrwiglC - Plans - Reg!Jallona\Zone Reqs\AmendmenllCases\ZCA , Second Unit Amendment S810l!DCC (2nd Raad,ng)Fll' 0ml SB Ordinance 2nd dwelllng as amended doc::

8 ~ Ordinance No Page 8 (See Section (1)(7)(C) for Accessory Dwelling Units not subject to these Parking Requirements per California Government Code , as it may be amended from time to time.) 1 SECTON 8. Development Related Fees. City staff is directed continue to collect all lawful fees relating to the approval of accessory dwelling units (previously referred to as "second units"), including but not limited to, the processing of planning applications, impact fees, connections fees, and the consideration and issuance of building and related permits, to the maximum extent allowed by Government Code and other applicable law. The City Council may update such fees by resolution. SECTON 9. Any provision of the Whittier Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are repealed or modified to that extent necessary to affect the provisions of this Ordinance SECTON 10. f any section, subsection, sentence, clause, phrase, or portion of this Ordinance is far any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Whittier hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTON 11. The Mayor shall sign and the City Clerk-Treasurer shall attest to the passage of this Ordinance. The City Clerk-Treasurer shall cause a summary of this Ordinance to be published once in the official newspaper and the full text of this Ordinance to be posted in the City Clerk's Office, both within 15 days after the adoption of the ordinance. The Ordinance shall become effective 30 days from its adoption. APPROVED AND ADOPTED this 13th day of June ATTEST: L /) ( ' y 4~~ JOSEPH A. VNATER, Mayor 0 PL.nn ng\c. Plans. Regulatons\Zcne RegsArnen:lmenl'.Cases'ZCA!7-001 Second UMAl'lene11neri! S81 069\CC (21\d Rea dc~g)\f,na1 Draft SB 1069 Ordinance 2nd d~ ng in amended doc

9 Ordinance No CTY O F WHTTER ) ) ss STATE O F CALFO RNA ) Page9, Kathryn A. Marshall, City Clerk-Treasurer in and for the City of Whittier, California, hereby certify that the foregoing ordinance was duly introduced at a regular meeting of the City Council of said City on the 23 rd day of May and adopted at a regular meeting of the City Council of said City on the 13 th day of June 2017 by the following roll call vote: AYES: NOES : R. L. Henderson J. Alvarado C. Warner J.A. Vinatieri ABSENT: F. Dutra WJTNESS my hand and the official seal of the City of Whittier, California, this...:./... l/_y day of \ ~(,._ KATHRYN ~MARSHALL City Clerk-Treasurer..._ Published as required by law : June 27, 2017.

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PLANNING COMMISSION AGENDA REPORT. 17-CA-02 Accessory Dwelling Unit Ordinance. Jon Biggs, Community Development Director

PLANNING COMMISSION AGENDA REPORT Meeting Date: May 3, 2018 Subject: Prepared by: Initiated by: 17-CA-02 Accessory Dwelling Unit Ordinance Jon Biggs, Community Development Director City Council Attachments: