ORDINANCE NO. 1265 AN URGENCY ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SIMI VALLEY FOR Z-S-731, AMENDING PORTIONS OF TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE RELATED TO SECOND DWELLING UNITS TO BRING TITLE 9 INTO CONFORMANCE WITH THE STATE OF CALIFORNIA GOVERNMENT CODE SECTIONS 65582.1, 65852.2 AND 65852.22, AND DETERMINING THAT THE AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the California State Legislature, through statutes adopted as AB 2299 (2016), SB 1069 (2016) and AB 2406 (2016), as codified in State of California Government Code Sections 65582.1, 65852.2 and 65852.22 respectively, established new standards for regulating Accessory Dwelling Units (s) and Junior Accessory Dwelling Units (Js) to be effective on January 1, 2017, to address the housing shortages in California; and WHEREAS, it is the State s intent to allow Accessory Dwelling Units on all residentially zoned parcels which have an single-family dwelling on the parcel; and WHEREAS, the City finds many City regulations for Second Dwelling Units (SDUs) that conflict with the provisions of AB 2299 (2016), SB 1069 (2016) and AB 2406 (2016), would become null and void, thus providing a conflicting regulatory environment and substantially reducing the City s ability to maintain the livable neighborhoods goals and policies of the General Plan and development standards through reductions in setback, lot coverage, and parking; increased accessory building height, and no limit to the number of s or accessory structures per parcel; and WHEREAS, the City Council has the power under Government Code Sections 36934 and 36937, to adopt an ordinance that takes effect immediately if it is an ordinance for the immediate preservation of the public peace, health or safety, contains a declaration of the facts constituting the urgency, and is passed by a fourfifths vote of the City Council; and WHEREAS, as provided by State law, the City adopts and incorporates the required provisions in State law regarding Accessory Dwelling Units per AB 2299 (2016), SB 1069 (2016) and AB 2406 (2016), and provides regulatory clarity under these laws; and WHEREAS, the City finds it is necessary for the City Council to adopt this Ordinance as such an urgency ordinance, pursuant to the powers under Government Code section 36934 and 36937, to immediately address changes to State law in AB 2299 (2016) and SB 1069 (2016) to replace SDUs, desires and adopts provisions for Js per AB 2406 (2016), address peace, health and safety issues related to the effective regulation of Accessory Dwelling Units and Junior Accessory Dwelling Units, continuing neighborhood compatibility, and avoiding any statutory conflicts; and
WHEREAS, this ordinance is exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100 et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) because this ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3)). THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS: SECTION 1. The findings in the Planning Commission staff report and supplemental staff report dated December 24, 2016, and the recitals set forth above are hereby adopted as findings. SECTION 2. Various sections of Title 9 dealing with Second Dwelling Units are hereby amended as shown in Exhibit A, attached hereto, and amended within. SECTION 3. Incompatible Provisions. To the extent any provision of this ordinance is incompatible with or at variance with any prior adopted ordinance or resolution, the provision of this Ordinance shall take precedence. SECTION 4. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, adjudicated to a final determination, the City Council finds that said voided part is severable, that the City Council would have adopted the remainder of this Ordinance without the severed and voided part, and that the remainder of this ordinance shall remain in full force and effect. SECTION 5. The City Clerk shall cause this Ordinance or a summary hereof to be published in accordance with Section 36933 of the California Government Code, shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City. SECTION 6. This ordinance shall go into effect and be in full force and effect immediately after its passage. Attest: PASSED AND ADOPTED this 9 th day of January 2017. /s/ Ky Spangler, Deputy Director/City Clerk Approved as to Form: /s/ Robert O. Huber, Mayor of the City of Simi Valley, California Approved as to Content: /s/ Lonnie J. Eldridge, City Attorney /s/ Eric J. Levitt, City Manager /s/ Peter Lyons, Director Department of Environmental Services
EXHIBIT A Amendments to the following sections of Title 9 of the Simi Valley Municipal Code are shown below. New text is shown as bold underline, while text deletions are shown as bold strikeout. Chapter 9-24 - Residential and Open Space Zoning Districts 9-24.030 - Residential and Open Space District Land Uses and Permit Requirements Table 2-2 identifies the uses of land allowed by this Development Code in the residential and open space zoning districts, and the land use permit required to establish each use, in compliance with Chapter 9-22 (Land Use Permit Requirements). Regardless of the permit requirement established by Table 2-2, Planned Development Permit (Section 9-52.050) approval is also required for all construction of new residential units. Note: where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Development Code may also apply. TABLE 2-2 Allowed Uses and Permit Requirements for Residential and Open Space Zoning Districts LAND USE (1) RESIDENTIAL USES P Permitted Use (2) CUP Conditional Use Permit required HP Home Occupation Permit required Use not allowed PERMIT REQUIRED BY DISTRICT OS RE RVL RL RM Rmod RH RVH MH Specific Use Regulations Second Accessory dwelling unit, meets maximum density Second dwelling unit, exceeds maximum density Junior Accessory Dwelling Unit P P P P P P P P 9-44.160 CUP CUP CUP CUP CUP 9-44.170 P P P P P P P P 9-44.160 Notes: (1) See Article 8 for land use definitions. (2) A Planned Development Permit (Section 9-52.050) is also required for all new development. 9-24.050 - Residential and Open Space District Setback Exceptions
The following exceptions apply to the setback requirements shown in Table 2-3. See also Section 9-30.080 (Setback Requirements and Exceptions). For Accessory Dwelling Units and Junior Accessory Dwelling Units, refer to Section 9-44.160. D. Accessory structure height limits. A Conditional Use Permit shall be required to exceed the height limits established in Table 2-3. The maximum height of any accessory structure shall not exceed the maximum height permitted for a primary structure. Exceptions to this Section may be found for Accessory Dwelling Units in Section 9-44.160. 9-34.060 - Parking Space Requirements Off-street parking spaces for uses in all zoning districts shall be provided in compliance with Table 3-4 (Parking Requirements by Land Use), below. TABLE 3-4 - PARKING REQUIREMENTS BY LAND USE Land Use Type Second dwelling units Accessory Dwelling Unit and Junior Accessory Dwelling Unit Vehicle Spaces Required Residential Uses 1 covered space per unit. Refer to Section 9-44.160 9-34.090 - Design Requirements M. Refer to Section 9-44.160 for Accessory Dwelling Unit parking. 9-44.160- Second Accessory Dwelling Units (Ministerial) A. The creation of a second dwelling unit an Accessory Dwelling Unit and Junior Accessory Dwelling Unit pursuant to Government Code Sections 65582.1, 65852.2, and 65852.22, on lots containing a single or multi-family unit an single-family dwelling and zoned OS, RE, RVL, RL, RM, Rmod, RH, and RVH shall be subject to the following the standards in Table 4-4 as implementing the requirements specified in the above Government Code Sections. Refer to Glossary Definitions and Section 9-80.020 for Accessory Dwelling Unit and Junior Accessory Dwelling Unit. The standards for an Accessory Dwelling Unit and a Junior Accessory Dwelling Unit are shown below.
Table 4-4: Accessory Dwelling Unit () and Junior Accessory Dwelling Unit (J) Requirements detached attached to house attached to accessory Structure (one story) Garage conversion above garage, attached or detached J Subject to California Building Code (CBC) and California Residential Code (CRC) Number Per Parcel Any conflicts between the requirements of this Development Code and the California Building Code and California Residential Code shall be resolved in favor of whichever Code imposes the greater requirement, subject to compliance with California Government Code Sections 65582.1, 65852.2, and 65852.22 Either one or one J per lot with an Single-Family Dwelling (SFD) on it Kitchen Required X X X X X Minimum Efficiency Kitchen per CGC 65852.22(6) Sanitary Facilities Required Separate Outside Entrance (Passageway) Other Facilities Separate from Single-Family Dwelling (SFD) Separate or shared with SFD X X X X X X Also requires internal connection to SFD Size Minimum Per California Health and Safety Code Section 17958.1 Size Maximum Property Owner Must Reside Onsite 30% of SFD Living Area up to a Maximum 1,200 sq. ft. The cumulative total of all habitable accessory structures and or J on the lot shall not exceed 1,200 square feet Owner must reside in SFD or ; and J may not be sold separate from the SFD on the parcel. This must be recorded as a Deed Restriction on the property title One bedroom of the SFD 500 square feet In SFD unless exempt per CGC 65852.22
Lease or rental period length detached attached to house attached to accessory Structure (one story) Garage conversion Setbacks: Front Same as SFD No additional setback Setbacks: Side, Street Side, and Rear Height Lot Coverage Parking above garage, attached or detached J The /J must have a rental period of no less than 30 days. This must be recorded as a Deed Restriction on the property title Same as No SFD; any additional new setback exterior stairs must be located on the side or rear whenever possible Refer to 9-30.080(D) -Detached guest houses Per CBC and CRC If entirely within structure then per CBC and CRC. Otherwise refer to 9-24.050 Table 2-3 No additional setback for structure; stairs must meet current setbacks 5 feet any new exterior stairs must be located on the side or rear whenever possible No additional setback s and Js must be one-story (maximum 18 feet in height, except where state law allows construction above a garage) All Structures shall not cover more NA NA NA than 40% of the rear yard, equal to the rear 20 feet of the lot 1 space, if required (1) 1 space, if required if not using part of SFD (1) 1 space, if required if not using part of accessory structure (1) None required for the ; replacement may be driveway parking spaces (2) No additional parking required. No additional parking required. (1) An must have one parking space that can be uncovered, tandem, lift, or otherwise provided on the lot in the legal parking areas defined in this
chapter unless: a) located within ½ mile (measured by way of public sidewalk), of a transit stop with at least four bus stops in each direction each day; b) in a Historic District; c) in a permit parking area; or d)within one block of a car share vehicle. When parking is required and none of the above parking options are technically feasible, then one of the uncovered spaces in front of the garage will be counted as the required parking space. (2) When a garage is converted to an, the lost spaces must be replaced with covered spaces, uncovered spaces in legal parking areas defined in this chapter, uncovered spaces in the back yard, or tandem spaces. When none of the above parking options can create the required parking spaces, then one lost garage space will be waived as necessary. At the property owner s option, an automobile parking lift will be allowed but will be considered a structure for the purposes of setbacks and permit requirements. B. Not withstanding any other regulation in this Development Code that is specifically applicable to Accessory Dwelling Units or Junior Accessory Dwelling units, a Zoning Clearance must be ministerially approved for an application for a building permit to create within a single-family residential zone, one accessory dwelling unit per single-family lot, if the unit is contained within the space of a single-family residence or accessory structure, has independent exterior access from the residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence unless otherwise required by the Fire Code. C. A Deed Restriction must be recorded on the proposed approved for an or J in the form provided by the City. The deed will specify that owner occupancy is required in the or J at all times. Should the owner pass or vacate the property, the or J may no longer be separately rented and shall be vacated within 30 days. The deed restriction will also specify that rental of any or J (or the primary residence if the owner lives on site in the or J) must be for periods of 30 days or more. A. The lot on which a second dwelling unit is to be constructed shall contain at least one residential dwelling which is owner-occupied. B. The second dwelling unit may be attached or detached from the primary residential dwelling with the following standards: 1. The minimum yard setbacks from the property line shall be the same as the base zone for the primary residential dwelling. 2. The minimum distance between the primary residential and a detached second dwelling unit shall be 10 feet measured at the exterior wall.
3. An attached second dwelling unit shall have a minimum of 20 feet of common wall with the primary residential dwelling. 4. The maximum height of the detached second dwelling unit shall not exceed 18 feet. The maximum height of the attached second dwelling unit shall not exceed 30 feet. 5. For the purpose of this Section, second dwelling units connected to a primary dwelling unit by a breezeway shall comply with the standard for detached second dwelling units. C. The maximum size of the second dwelling unit shall not exceed 30 percent of the gross habitable square footage of the primary residential dwelling or 1,200 gross habitable square feet, whichever is less; however, in either situation, the minimum size of the second dwelling unit shall not be less than 500 square feet. D. There shall be a minimum of one vehicle parking space per second dwelling unit or one vehicle parking space per bedroom, whichever is greater. The required parking space for a second dwelling unit shall be in addition to the required parking for the primary residential dwelling, and shall be located on the same lot as the primary residential dwelling unit. E. The architectural design of the second dwelling unit shall coordinate with the primary residential dwelling including compatible use of color, siding, stucco, wood, masonry, and roof material. The unit must be consistent with the design of other homes in the neighborhood. Although ministerial, the Architectural Design Standards shall be reviewed and approved by the Deputy Director/City Planner. F. The second dwelling unit shall not have separately metered water, sewer, gas, and electrical connections. These connections shall only be to the principal dwelling. G. Only one second dwelling unit in conjunction with the primary residential dwelling is permitted on a residential lot. H. The second dwelling unit shall consist solely of additional living space. This Section does not permit the conversion of living space into a second dwelling unit. I. Second units shall not exceed the allowable density for the lot upon which the second unit is located. J. No appeals or variances shall be allowed under this Section. 9-44.170 - Second Dwelling Units (Requirement of a CUP) If an applicant is unable to comply with the ministerial standards listed above in Section 9-44.160, which were developed pursuant to Government Code Section 65852.2, an applicant may apply for a CUP for the creation of a second dwelling subject to:
A. The lot on which a second dwelling unit is to be constructed shall contain at least one residential dwelling which is owner-occupied. B. The second dwelling unit may be attached or detached from the primary residential dwelling with the following standards: 1. The minimum yard setbacks from the property line shall be the same as the base zone for the primary residential dwelling. 2. The minimum distance between the primary residential and a detached second dwelling unit shall be 10 feet measured at the exterior wall. 3. An attached second dwelling unit shall have a minimum of 20 feet of common wall with the primary residential dwelling. 4. The maximum height of the detached second dwelling unit shall not exceed 18 feet. The maximum height of the attached second dwelling unit shall not exceed 30 feet. 5. For the purpose of this Section, second dwelling units connected to a primary dwelling unit by a breezeway shall comply with the standard for detached second dwelling units. C. The maximum size of the second dwelling unit shall not exceed 30 percent of the gross habitable square footage of the primary residential dwelling or 1,200 gross habitable square feet, whichever is less; however, in either situation, the minimum size of the second dwelling unit shall not be less than 500 square feet. D. There shall be a minimum of one vehicle parking space per second dwelling unit or one vehicle parking space per bedroom, whichever is greater. The required parking space for a second dwelling unit shall be in addition to the required parking for the primary residential dwelling, and shall be located on the same lot as the primary residential dwelling unit. E. The architectural design of the second dwelling unit shall coordinate with the primary residential dwelling including compatible use of color, siding, stucco, wood, masonry, and roof material. The unit must be consistent with the design of other homes in the neighborhood. F. The second dwelling unit shall not have separately metered water, sewer, gas, and electrical connections. These connections shall only be to the principal dwelling. G. Only one second dwelling unit in conjunction with the primary residential dwelling is permitted on a single-family lot. H. The second dwelling unit shall consist solely of additional living space. This Section does not permit the conversion of living space into a second dwelling unit. (Amended during 3-07 supplement, as amended by 2, Ord. 1126, eff. March 13, 2008)
SVMC 9-80.020 is amended as follows: Accessory Dwelling(s). A dwelling unit accessory to a principal use on a site and intended for occupancy by person residing therein by reason of the employment of one or more occupants on the same site. An accessory dwelling may be attached or detached. Accessory Dwelling Unit. 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: (A) (B) 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. Any structure that has all the elements of an Accessory Dwelling (i.e., efficiency kitchen/cooking facilities, sink, and bathroom per California Government Code 65852.2 must be considered to be an. Accessory Dwelling Unit, Junior. A dwelling unit that is no more than 500 square feet in size and contained entirely within an single-family dwelling s structure which provides complete independent living facilities for one or more persons. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the structure, must include one bedroom of the single-family dwelling, and have an internal connection to the single-family dwelling. Any exterior door and stairs to the J must face away from public streets whenever possible. Efficiency Kitchen. Cooking facilities as defined in California Government Code Section 65852.22(6). Living Area. The interior habitable area of a dwelling unit including basements and attics, but does not include a garage or any accessory structure. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. Property Owner. The legal owner(s) of a development who may serve as a lessor to a tenant. The individual having a majority interest in the property in question. Property owned in joint tenancy shall be considered single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for any party named, unless shares are specified, in which case ownership requires a majority interest. The property owner(s) shall be responsible for complying with the provisions of this Chapter either directly or by delegating the responsibility as appropriate to a tenant and/or an agent.
Second Dwelling Unit. 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. A second unit also includes the following: 1. An efficiency unit, as described in Section 17958.1 of the Health and Safety Code. 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code. 3. "Living Area," means the interior habitable area of a dwelling unit including basements and attics but does include a garage or any accessory structure. 4. "Neighborhood," for purposes of Sections 9-44.150 and 9-44.160, has the same meaning as set forth in Government Code Section 65589.5.