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HomeMy WebLinkAboutOrdinances - No. 1987ORDINANCE NO. 1987 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 17 — DEVELOPMENT CODE — ARTICLE 3, "SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS," CHAPTER 17.36 "STANDARDS FOR SPECIFIC LAND USES," BY REPEALING AND REENACTING LODI MUNICIPAL CODE SECTION 17.36.130, "SECOND DWELLING UNITS" WHEREAS, the State of California has enacted laws governing the review and approval of Accessory Dwelling Units ("ADUs") and Junior Accessory Dwelling Units ("JADUs"); and WHEREAS, new provisions of State law establish that any local agency regulations pertaining to ADUs and JADUs that are inconsistent with current State law are null and void; and WHEREAS, the City of Lodi Municipal Code addresses this type of housing under Section 17.36.103 — Second Dwelling Units and this Section of the Municipal Code is substantially inconsistent with current State law; and WHEREAS, the proposed amendments to Section 17.36.130 are consistent with current State law and will clarify ADUMADU development standards within the City for efficient implementation; and WHEREAS, City staff sought and received confirmation from HCD that this proposed ordinance complies with State law; and WHEREAS, the Planning Commission of the City of Lodi reviewed the proposed amendments to Section 17.36.130 and, after considering public comment, did recommend 5-0 that the City Council amend the Municipal Code as proposed; and WHEREAS, amending Section 17.36.130 of the Municipal Code to address ADUs and JADUs consistent with current State law is exempt from review under the California Environmental Quality Act ("CEQA") subject to Public Resources Code Section 21080.17, CEQA Guidelines Section 15282(h) and CEQA Guidelines Section 15305. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings. The Recitals set forth above are hereby incorporated herein by reference as if set forth in full. SECTION 2. Lodi Municipal Code Title 17 — Development Code — Article 3 "Site Planning and General Development Standards," Chapter 17.36 "Standards for Specific Land Uses" is hereby amended by repealing and reenacting Code Section 17.36.130, "Second Dwelling Units," in its entirety and Section 17.36.130 shall read as follows: 17.36.130 Accessory Dwelling Units A. Purpose and Intent. This section establishes regulations and a ministerial review process for Accessory Dwelling Units. Accessory Dwelling Units are intended to expand housing opportunities for low income and moderate income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the architectural character of the area. B. Applicability. This section applies to all Accessory Dwelling Units, including Junior Accessory Dwelling Units, as defined in subsection F below. C. Where Permitted. Accessory dwelling units are permitted by right in any zoning district which permits single-family or multi -family homes. D. General Plan and Zones Allowed In accordance with Government Code section 65852.2, as may be amended from time to time, any ADU or JADU that conforms with the requirements of this section shall be deemed to be consistent with the General Plan designation and zoning for the parcel, regardless of any limitations on residential density imposed by the General Plan or zoning. An ADU or JADU shall not be counted when determining residential density for conformance with the General Plan or this code. 2. ADUs and JADUs shall be allowed in all areas zoned to allow single-family and multi- family residential uses in compliance with the development standards set forth in this section. E. Permits and Approval 1. Ministerial Action. Approval or denial of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is a ministerial action and subject to compliance with the standards in this Section. 2. Building Permit. All Accessory Dwelling Unit or Junior Accessory Dwelling Units shall require a building permit, subject to all the standard application and processing fees and procedures that apply to building permits generally. No other separate planning -related permit is required. 3. Issuance of Permit. The City shall issue a building permit for an Accessory Dwelling Unit within 60 calendar days from the date on which the City received a completed submittal package application for a location that includes an existing primary dwelling, unless either: A. The applicant requests a delay, in which case the 60 -day time period is put on hold for the period of the requested delay; or B. The application to create an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is submitted with an application to create a new single -unit dwelling on the parcel. The City may delay acting on the permit application for the Accessory Dwelling Unit or Junior Accessory Dwelling Unit until the City acts on the permit application to create the new single -unit dwelling. F. Definitions The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows: "Accessory Dwelling Unit or ADU." An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is K located on a lot with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and shall be constructed on the same parcel as the single-family or multifamily dwelling unit that is the primary dwelling unit or will be situated. An accessory dwelling unit also includes the following: (a) an efficiency unit, as defined in Section 17958.1 of the Health & Safety Code, as may be amended from time to time, and (b) a manufactured home, as defined in Section 18007 of the Health & Safety Code, as may be amended from time to time. This definition shall be interpreted as consistent with and including the definition of accessory dwelling unit found in Government Code Section 65852.2, as may be amended from time to time. 2. "Efficiency Kitchen." A cooking facility that includes all of the following: a. A portable appliance for cooking. b. A food preparation counter. c. Food storage cabinets that are of reasonable size in relation to the size of the JADU. 3. "Efficiency Unit." As defined in Section 17958.1 of the Health and Safety Code, as may be amended from time to time. 4. "Junior Accessory Dwelling Unit" or "JADU." A Junior Accessory Dwelling Unit means a unit that is contained entirely within a single -unit primary dwelling. This definition shall be interpreted as consistent with and including the definition of junior accessory dwelling unit found in Government Code Section 65852.22, as may be amended from time to time. 5. "Living Area." The interior habitable area of a dwelling unit, including basements and attics, but does not include a detached garage or any accessory structure. This definition shall be interpreted as consistent with and including the definition of living area found in Government Code Section 65852.2, as may be amended from time to time. 6. "Passageway." A pathway that is unobstructed clear to the sky and extends from a street or alley to one entrance of the accessory dwelling unit. This definition shall be interpreted as consistent with and including the definition of passageway found in Government Code Section 65852.2, as may be amended from time to time. 7. "Primary Dwelling." An existing or proposed residential structure on a lot with an accessory dwelling unit. 8. "Public Transit." A location, including but not limited to a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. 9. "Single -unit and multi -unit." Single -unit means the same as a single-family dwelling and multi -unit means multi -family dwellings with two or more units. 10. "Tandem Parking." Two or more automobiles parked on a driveway or in any other location on a parcel, lined up behind one another. 3 G. Types of Accessory Dwelling Units. The following are the two types of Accessory Dwelling Units: 1. Accessory Dwelling Unit, both Attached and Detached, shall meet all of the characteristics as described below for each subtype: a. Attached ADU. i. Attached to an existing or proposed primary dwelling, such as through a shared wall, floor, or ceiling, including attached garages, storage areas or similar uses, or within an accessory structure. ii. Created by converting a portion of an existing primary dwelling, by constructing a new primary dwelling with an integral Accessory Dwelling Unit, or by constructing an addition to an existing primary dwelling. b. Detached ADU. i. Physically detached or separated from the primary dwelling. ii. May include a second -story addition above an existing detached structure. iii. Can be new construction or the conversion or expansion of an existing structure. c. Junior Accessory Dwelling Unit. An attached Accessory Dwelling Unit that is a unit that meets the specified criteria below. i. Maximum of 500 square feet in size. ii. Contained entirely within a single -unit primary dwelling. iii Has a separate entrance from the main entrance to the primary dwelling. iv. Has a bathroom that is either in the Junior ADU or in the primary dwelling. v. Includes an efficiency kitchen. vi. May include separate sanitation facilities or may share sanitation facilities with the primary dwelling. H. Number of Accessory Dwelling Units or Junior Accessory Dwelling Units Per Lot or Parcel in Zones Which Allow Single Family Homes. The following number of Accessory Dwelling Units shall apply in all zoning districts that allow single family homes as a permitted use: 1. One attached or detached Accessory Dwelling Unit shall be allowed on a parcel with a primary dwelling unit. 2. One Junior Accessory Dwelling Unit shall be allowed on a parcel with primary dwelling. 3. Up to one attached or detached Accessory Dwelling Unit and one Junior Accessory Dwelling Unit shall be allowed on a single parcel. 4 Type and Number of Accessory Dwelling Units Per Lot with an Existing Multi -Family Home. The following apply to Accessory Dwelling Units in all zoning districts that allow multi -family homes as a permitted use: 1. Attached Accessory Dwelling Units. a. At least one ADU shall be allowed within an existing multi -family dwelling, and a total of up to 25 percent of the number of units within an existing multi -family dwelling shall be allowed. b. Attached Accessory Dwelling Units in a multi -family development may be created only through the conversion of parts of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. 2. Detached Accessory Dwelling Units. Up to two detached Accessory Dwelling Units shall be allowed on a parcel with existing multi -family structures, subject to compliance with the development standards for Detached Accessory Dwelling Units in this Section. J. Development Standards for Accessory Dwelling Units. The following standards apply to all types of Accessory Dwelling Units. 1. Attached Accessory Dwelling Units a. Location. Attached Accessory Dwelling Units shall be located on the same lot or parcel as an existing or proposed primary dwelling unit and be attached to the primary dwelling unit by at least one wall or by a ceiling (above or below the primary dwelling unit) on a lot that is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. b. Size. The total floor area of an Attached Accessory Dwelling Unit shall not exceed 850 square feet for a one -bedroom unit or 1,000 square feet for an Accessory Dwelling Unit that provides more than one bedroom. The total floor area of an attached Accessory Dwelling Unit shall not exceed 50 percent of the primary dwelling square footage. These limits do not include up to 150 square feet of area added to the primary dwelling for the sole purpose of providing ingress and egress to the Accessory Dwelling Unit. c. Setbacks. i. Front yard setback will follow the zoning district standard for the primary dwelling. ii. Side yard setback will be a minimum of four (4) feet iii. Rear yard setback will be a minimum of four (4) feet iv. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. d. Height. All attached ADUs shall comply with the zoning district standard for the height of the primary dwelling. 5 e. Access. An attached Accessory Dwelling Unit shall have direct exterior access separate from the main entrance to the primary dwelling. Design. Accessory Dwelling Units shall incorporate the architectural style, materials, and colors of the primary dwelling unit. Variation in style, materials and colors may be approved where staff determines the Accessory Dwelling Unit design is compatible with and complimentary to the primary dwelling unit. g. Passageway. No passageway shall be required in conjunction with the construction of an Accessory Dwelling Unit. h. Fire Sprinklers. An attached Accessory Dwelling Unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling. Landscape. Landscaped areas within setbacks shall meet the requirements of this code. j. Deed restriction. Before permit issuance, the City shall be provided with a copy of the recorded deed restriction for a Junior Accessory Dwelling Unit, which shall run with the land, using the City's form pursuant to Government Code Section 65852.2, as may be amended from time to time. Allowed ADU. No provisions within this Section, including lot coverage or legal nonconformity, shall preclude an attached minimum 800 square foot Accessory Dwelling Unit that is at least sixteen (16) feet in height with four -foot side yard and rear yard setbacks, and that is constructed in compliance with all other development standards. 2. Detached Accessory Dwelling Unit Development Standards a. Location. Detached Accessory Dwelling Unit shall be located on the same lot or parcel as an existing or proposed primary dwelling on a lot that is zoned to allow single-family or multifamily dwelling residential use. b. Size. A Detached Accessory Dwelling Unit shall not exceed 850 square feet for a one -bedroom unit or 1,000 square feet for an Accessory Dwelling Unit that provides more than one bedroom. c. Setbacks. Front yard setback shall comply with the zoning district standard for the primary dwelling. A detached ADU shall not be located between the primary dwelling unit and the front lot line. ii. Side yard shall be a minimum of four (4) feet iii. Rear yard shall be a minimum of four (4) feet d. Height. The maximum height of an Accessory Dwelling Unit shall be 16 feet for new structures built specifically as an Accessory Dwelling Unit. Existing structures taller than 16 feet can be converted to an Accessory Dwelling Unit where the Accessory Dwelling Unit is consistent with all other requirements of this Section. 1.1 e. Design. Accessory Dwelling Units shall incorporate the architectural style, materials, and colors of the primary dwelling unit. Variation in style, materials and colors may be approved where staff determines the Accessory Dwelling Unit design is compatible with and complimentary to the primary dwelling unit. f. Passageway. No passageway shall be required in conjunction with the construction of an Accessory Dwelling Unit. g. Fire Sprinklers. A detached Accessory Dwelling Unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling. h. Landscape. All setback areas shall be landscaped as required by this code. Deed Restriction. Before permit issuance, the City shall be provided with a copy of the recorded deed restriction, which shall run with the land, using the City's form pursuant to Government Code Section 65852.2, as may be amended from time to time. Building Separation. An Accessory Dwelling Unit shall comply with the building separation requirements of the underlying zone, but in no case shall said requirement prohibit an Accessory Dwelling Unit that is a minimum of 800 square feet, maximum of 16 feet in height with four -foot side and rear yard setbacks. k. Authorized ADU. No provisions within this Section, including lot coverage or legal nonconformity, shall preclude a detached minimum 800 square foot Accessory Dwelling Unit that is at least sixteen (16) feet in height with four -foot side yard and rear yard setbacks, and that is constructed in compliance with all other development standards. 3. Junior Accessory Dwelling Unit Development Standards a. Location. Shall be within the walls of the primary single-family residence, including an attached garage, of the primary dwelling unit by at least one wall or by a ceiling. The Junior Accessory Dwelling Unit may be located above or below the primary dwelling unit. b. Size. The JADU shall be not exceed a maximum of 500 square feet of living area. Setbacks. If the primary dwelling unit is expanded for the sole purpose of providing ingress and egress to the Junior Accessory Dwelling Unit, the addition shall maintain setbacks of four feet from side and rear yards or the same setback as the existing structure, whichever is less. The front setback shall comply with the zoning district for the primary structure. d. Access. A Junior Accessory Dwelling Unit shall have a separate entrance separate from the main entrance to the primary dwelling. e. Kitchen. Each Junior Accessory Dwelling Unit shall include at least an efficiency kitchen. 7 f. Utilities. i. A Junior Accessory Dwelling Unit shall not be considered a separate or new dwelling unit for the purposes of calculating connection fees or capacity charges for utilities, including water, sewer, or power service, or impact fees. ii. No new or separate utility connection between the Junior Accessory Dwelling Unit and the utility shall be required, although the property owner may voluntarily install a submeter for the Junior Accessory Dwelling Unit. iii. Any utility charges or fees shall be consistent with state law. g. Parking. No additional off-street parking is required for a Junior Accessory Dwelling Unit. h. Owner Occupancy Requirements and Deed Restriction i. A person with legal or equitable title to the primary dwelling shall reside on the property in either the primary dwelling or Junior Accessory Dwelling Unit as that person's legal domicile and permanent residence. ii. The owner occupancy requirement does not apply if the property is entirely owned by a governmental agency, land trust, or non-profit housing organization. iii. Prior to issuance of a Building Permit for a Junior Accessory Dwelling Unit, a deed restriction shall be recorded in the chain of title of the primary single -unit property. The form of the deed restriction shall be reviewed by the City Attorney pursuant to Government Code Section 65852.2, as may be amended from time to time. iv. The deed restriction shall run with the land and shall be enforced against future property owners. K. Impact Fees 1. Impact Fee Requirements a. No impact fees shall be charged for a Junior Accessory Dwelling Unit. A Junior Accessory Dwelling Unit shall not be considered a separate or new dwelling unit for the purposes of calculating impact fees, connection fees, or capacity charges for utilities. b. No City -imposed impact fees shall be charged for an Accessory Dwelling Unit that is less than 750 square feet in size. c. For Accessory Dwelling Units 750 square feet or larger, City -imposed impact fees shall be charged proportionately in relation to the square footage of the primary dwelling. d. An ADU may be subject to connection fees or capacity charges levied by a local agency, special district, or water corporation. F., L. Required Parking for Accessory Dwelling Units. 1. Number of Parking Spaces. Parking for Accessory Dwelling Units shall be provided per the following: a. One off-street parking space, covered or uncovered, is required for each Attached or Detached Accessory Dwelling Unit. These spaces may be provided as tandem parking on a driveway. b. Notwithstanding any other section, no off-street parking is required for an Attached or Detached Accessory Dwelling Unit if one or more of the following applies: i. The Accessory Dwelling Unit is located within one-half mile walking distance of public transit. ii. The Accessory Dwelling Unit is part of the proposed or existing primary residence or an accessory structure. iii. The Accessory Dwelling Unit is located within an architecturally and historically significant historic district. 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 within one block of the accessory dwelling unit. c. Off-street parking shall be provided outside setback areas, unless no feasible location is available outside of setback areas, in which case parking is allowed in setback areas. d. Tandem parking is allowed as off street parking for Accessory Dwelling Units. 2. When a garage, carport, or covered parking structure is demolished to allow for the construction of an Accessory Dwelling Unit or for the conversion of a structure to an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, it shall not be required to be replaced. 3. Guest parking spaces shall not be required for Accessory Dwelling Units or Junior Accessory Dwelling Units under any circumstances. SECTION 3. No Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care toward persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council 9 hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Attest: JE NIFER C MIR ity Clerk State of California County of San Joaquin, ss. Approved this 17' day of November, 2021 (-a A46�� At<N NAKANISHI Mayor I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1987 was introduced at a regular meeting of the City Council of the City of Lodi held November 3, 2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November 17, 2021, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Khan, Kuehne, and Mayor Nakanishi NOES; COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hothi ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1987 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Lw"L. CUSMIR OINIFE ity Cler Approved as to Form: JANICE 'D. MAGDICH City Attorney 10