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HomeMy WebLinkAboutAgenda Report - November 3, 2021 G-02 PHC3 AGENDA ITEM w ?m + CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Public Hearing to Introduce and Waive First Reading of an Ordinance 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 Section 17.36.130 related to the Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations MEETING DATE: November 3, 2021 PREPARED BY: Community Development Director RECOMMENDED ACTION: Public hearing to introduce and waive first reading of an Ordinance 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 Section 17.36.130 related to the Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations. BACKGROUND INFORMATION: In recent years, the Legislature has passed, and the Governor has signed into law, a number of bills to decrease barriers to housing development and opportunities in the State. The City is now further restricted in what it may require when reviewing and approving Accessory Dwelling Units and Junior Accessory Dwelling Units, two types of dwelling units that exist on a property that already has at least one dwelling unit. Per the new legislation, if a jurisdiction's ADUMADU Ordinance does not comply with the new State laws, that ordinance becomes null and void as a matter of law. A city's ADU/JADU ordinance must be reviewed by the California Department of Housing Community Development (HCD) for confirmation that the ordinance complies with state law. HCD is authorized to refer a violation to the Attorney General. The City of Lodi Municipal Code section 17.36.130 regulates the use of "second dwelling units," which are analogous in the City Code to ADUs, and provides development standards for their placement and construction. The proposed Ordinance is to amend the Lodi Municipal Code to be compliant with State ADU/JADU law and to clarify ADU/JADU development standards within the City for efficient implementation. Staff sought and received confirmation from HCD that this proposed ordinance complies with State law. OVERVIEW OF POTENTIAL AMENDMENTS: The Ordinance proposes Section 17.36.130 be amended to allow the development of ADUs/JADUs in any area zoned to allow single-family or multifamily dwelling residential uses under the conditions detailed below. ADUs or JADUs in compliance with the Ordinance shall be subject to ministerial approval. The proposer will be required to obtain a building permit and the City has 60 days to review APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager ADU Ordinance Amendment November 3, 2021 Page 2 of 3 and either issue deny the permit, unless the applicant requests a delay or the application is submitted with an application to create a new single-family dwelling. Unless specified in the Ordinance, the development of an ADU or JADU must comply with the development standards and regulations of the underlying zone in which it is to be located. An ADU or JADU must also comply with applicable Building and Fire Code Regulations, as well as other building codes adopted by the City. Further, an ADU or JADU must have the same architectural design, materials, and colors as the primary dwelling. The proposed Ordinance provides the following development standards: • An ADU is a dwelling unit of no more than 1,200 square feet with complete independent living facilities and may be attached or detached from the primary dwelling on the property. • A JADU is a dwelling unit of no more than 500 square feet with an efficiency kitchen, as defined, and must be attached to the primary dwelling and created from the existing primary dwelling structure. ■ An ADU or JADU must have a separate entrance to the outside. a A property with an existing or proposed single-family dwelling may have up to one ADU (attached or detached) and one JADU. • A property with an existing or proposed multifamily dwelling may have up to two detached ADUs and any number of attached ADUs created from existing non -habitable space up to 25% of the original number of units in the building. • ADU siting standards: Minimum four foot rear and side yard setbacks. • Front setback and building separation per the underlying zone. • Detached ADUs cannot be more than sixteen feet tall. • Cannot be placed between the front lot line and the primary dwelling. • The total square footage of the primary dwelling may not increase by more than 50%, unless required to accommodate an ADU of at least 800 square feet. • An ADU created from an existing structure, including a legal non -conforming structure, shall not be subject to height, setback, or floor area ratio limitations so long as constructed in the exact same footprint. Parking — One off-street parking space is required for the construction of each detached ADU, unless within 0.5 miles of public transit, within one block of a car share parking space, or within an area where parking permits are required. The parking space may be in setback areas or in tandem parking arrangements. No parking is required for the construction of a JADU. Where an ADU or JADU converts existing garage parking spaces no replacement spaces can be required. Owner -Occupancy — All JADUs are subject to owner -occupancy limits, meaning the owner of the property must live in either the primary dwelling, a JADU, or an ADU on the property as their primary residence. The City may not impose owner -occupancy requirements on the development of ADUs until January 1, 2025. Impact Fees — The City may not charge impact fees for a JADU. The City may charge impact fees on an ADU larger than 750 square feet. If larger than 750 square feet, the City may charge impact fees proportionate to the square footage of the primary dwelling. An ADU may also be subject to utility connection fees. Deed Restriction — The underlying property shall be subject to a deed restriction that the JADU may not be sold separately from the primary dwelling. ADU Ordinance Amendment November 3, 2021 Page 3 of 3 PLANNING COMMISSION RECOMMENDATION: The Planning Commission considered the proposed amendments to the City's ADU and JADU regulations at a public hearing held on October 15, 2021. Following staff's presentation, comments from the public and due consideration, the Planning Commission voted 5-0 to recommend the City Council amend Section 17.36.130 of the Lodi Municipal Code as proposed. ENVIRONMENTAL ASSESSMENT The California Environmental Quality Act, Public Resources Code section 21000 et seq., requires environmental review of discretionary projects, unless exempt. Public Resources Code section 21080.17 and CEQA Guidelines section 15282(h) provide an exemption for "Ordinances Implementing Law Relating to Construction of Dwelling Units and Second Dwelling Units" pursuant to Government Code sections 65852.1 and 65852.2. This project is to approve an Ordinance to update the City's Municipal Code to comport with Government Code section 65852.2 and is, therefore, exempt from CEQA review. CEQA Guidelines section 15305 also provides an exemption for Minor Alterations in Land Use Limitations where the project is in an area with an average slope of less than 20 percent, and which do not result in any changes in land use or density. The Ordinance will apply City-wide and the project area is less than 20 percent slope. Under State law ADUs and JADUs are allowed by right and adoption of new ADU/JADU regulations will not increase the potential for construction of such dwellings. As such, the proposed regulations will not result in changes to land use or density. FISCAL IMPACT: Not applicable FUNDING AVAILABLE: Not applicable John R. Della Monica, Jr. Community Development Director Attachments: Planning Commission Resolution P.C. 21-06 Existing Second dwelling Units Ordinance 17.36.130 New Accessory Dwelling Units Ordinance 17.36.130 RESOLUTION NO. P.C. NO. 21-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI RECOMMENDING THAT THE CITY COUNCIL AMEND SECTION 17.36.130 OF THE LODI MUNICIPAL CODE REGULATING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS -------------------------------------------------------------------------- -------------------------------------------------------------------------- WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the requested determination, in accordance with the California Government Code Section 65402.(a); and WHEREAS, the project proponent is City of Lodi, 221 West Pine Street, Lodi, CA 95240; and WHEREAS, California has a shortage of housing, and particularly affordable housing, and the State Legislature has in recent years undertaken a number of measures to incentivize the construction of additional housing stock to address this shortage; and WHEREAS, Government Code section 65852 et seq. provides a mechanism for local agencies, like the City, to adopt ordinances related to accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and WHEREAS, the Planning Commission recommends that the Lodi City Council repeal and reenact Section 17.36.130 of the Lodi Municipal Code to comply with State ADU and JADU laws; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. Based upon the evidence in the staff report and project file, the Planning Commission of the City of Lodi makes the following findings: 1. The above recitals are true and correct and are incorporated herein by reference as if set forth in full. 2. The amendments to the City's ADU regulations are not subject to review under the California environmental Quality Act, Public Resources Code section 21000 et seq. ("CEQA"), pursuant to Public Resources Code section 21080.17 and CEQA Guidelines section 15282(h) for Ordinances Implementing Law Relating to Construction of Dwelling Units and Second Dwelling Units in accordance with to Government Code sections 65852.1 and 65852.2. This project is to approve an Ordinance to update the City's Municipal Code to comport with Government Code section 65852.2 and is, therefore, exempt from CEQA review. 3. Amendments to the City's ADU regulations are further exempt pursuant to CEQA Guidelines section 15305 for Minor Alterations in Land Use Limitations where the project is in an area with an average slope of less than 20%, and which do not result in any changes in land use or density. The Ordinance will apply City-wide and the average slope of the project area is less than 20%. There is no change to land use because ADUs and JADUs are only permitted in zones that already allow single-family or multifamily residential uses; ADUs and JADUs are a type of residential use. There is no change in density because, by definition, the building of an ADU or JADU does not count toward the allowable density on the parcel it is built on.Proposed modifications to Section 17.36.130 — LMC will be consistent with State law. 4. Proposed modifications to Section 17.36.130 - LMC will be subject to the provisions of other laws or ordinances and will not be detrimental to the health, safety or general welfare of persons residing or working in the City or be detrimental or injurious to the health, safety, peace or general welfare of the City, NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the Planning Commission of the City of Lodi that a Resolution is hereby adopted and the proposed amendments to Section 17.36.130 - LMC attached hereto in Exhibit A (entitled "An Ordinance Repealing and Reenacting Section 17.36.130 of the Lodi Municipal Code"), is made a part of this Resolution by reference, are hereby recommended for approval and adoption by the Lodi City Council. Dated: October 15, 2021 I certify that P.C. Resolution No. 21-06 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on October 15, 2029 by the following vote: AYES: Commissioners: Madel, Hennecke, Singh, Martin, and Chair Hicks NOES: Commissioners: ABSENT: Commissioners: Cummins and Slater ATTEST: ecreta fanning Commission 10/20/21, 12:30 PM 17.36.130 - Second dwelling units. Lodi, CA Code of Ordinances A. Minimum Site Area. A second dwelling unit may be permitted only on a parcel that complies with the minimum lot area requirements of the applicable zoning district. B. Number of Units Allowed. One second dwelling unit shall be allowed on a parcel in a single-family or multi -family zoning district developed with a main dwelling, but shall not be allowed on a parcel developed with two or more dwellings. C. Location on Site. A second unit may be located on the site to be within, attached to, or detached from the existing main dwelling. A second unit may also be located above a detached garage. D. Setbacks. An attached second unit shall be subject to the same front, sides, and rear setback requirements applicable to the main dwelling. A detached second unit, including a unit placed over a detached garage, shall not be located within a required front yard setback, shall maintain side and rear yard setbacks of at least five feet, and shall maintain a six-foot separation from other accessory structures and the main dwelling unit. More restrictive setbacks may be required through site plan and architectural approval. E. Floor Area Limitations. The habitable floor area of a second unit shall not be less than three hundred square feet. The maximum square footage shall not exceed six hundred forty square feet or thirty percent of the existing living area of the primary residence, whichever is less. F. Architectural Compatibility. The second unit shall be architecturally compatible with the main dwelling unit and comply with all height and lot coverage requirements of the underlying zoning district. G. Parking. The second unit shall be provided with one off-street parking space in addition to that required for the main dwelling unit. H. Illegal Second Units. This section shall not validate any existing illegal second unit. The standards and requirements for the conversion of an illegal second unit to a legal, conforming unit, shall be the same as for a new second unit. (Ord. No. 1869, § 2, 2-20-2013) HE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI 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 the 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 ADU/JADU 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 1. 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: 1. "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 2 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 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. 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. 2 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, but shall not exceed 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. 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. i. Landscape. Landscaped areas within setbacks shall meet the requirements of this code. 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. k. 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. i. 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. 0 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. An attached 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. j. 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. c. 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. f. Utilities. 7 LA 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 LA 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 b. 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. c. No City -imposed impact fees shall be charged for an Accessory Dwelling Unit that is less than 750 square feet in size. d. 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. e. An ADU may be subject to connection fees or capacity charges levied by a local agency, special district, or water corporation. 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. iii. The Accessory Dwelling Unit is located within an architecturally and historically significant historic district. 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 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 9 certified copy shall he posted in the office of the City Clerk pursuant to Government Code section 36933(c){1). Approved this day of , 2021 ALAN NAKANISHI Attest: Mayor JENNIFER CUSMIR City Clerk State of California County of San Joaquin, ss. I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held , 2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2021, by the following vote: AYES: COUNCIL MEMBERS — NOES; COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGI3ICH City Attorney 10 JENNIFER CUSMIR City Clerk Item G-2 - Blue Sheet ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI 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 the 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 ADU/JADU 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: 2 I . "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 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. 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. 0 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, but rh;;" not-eXGeed--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. Height. All attached ADUs shall comply with the zoning district standard for the height of the primary dwelling. e. Access. An attached Accessory Dwelling Unit shall have direct exterior access separate from the main entrance to the primary dwelling. f. 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. i. 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. k. 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. 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. i. 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. on 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. An attached 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. i. 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. j. 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. c. 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. f. Utilities. 7 LA 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 LA 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 b. 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. c. No City -imposed impact fees shall be charged for an Accessory Dwelling Unit that is less than 750 square feet in size. d. 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. e. An ADU may be subject to connection fees or capacity charges levied by a local agency, special district, or water corporation. L. Required Parking for Accessory Dwelling Units. 8 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 accesso dwelling unit. v. When there is a car share vehicle located within one block of the accesso 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 hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. 9 Signature: � zkvj�a IV. 24442A JAIIF r 0 M.1y.dhh (Nov 1. M S 08:43 PD7} Email: jmagdich@lodi.gov 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 JENNIFER CUSMIR City Clerk State of California County of San Joaquin, ss. Approved this day of , 2021 ALAN NAKANISHI Mayor I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting. of the City Council of the City of Lodi held 2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held 2021, by the following vote: AYES: COUNCIL MEMBERS — NOES; COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER CUSMIR City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney jdm 10 Proposed Amendments to the City's Accessory Dwelling Unit (ADU) Regulations, Section 17.36.130 of the Lodi Municipal Code, "Second Dwelling Units" Background • The State of California has enacted numerous housing -related laws in the past four years • Substantial changes to Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) regulations • Local ordinances inconsistent with current State law are null and void Background • The City's current regulations address Second Dwelling Units (sometimes "Granny Flats), which are now called "Accessory Dwelling Units" or "ADU" • Current regulations are not fully consistent with State law and do not address "Junior" ADU • Proposed changes will remedy inconsistencies with State ADU and JADU regulations ADU City Council .. t is RMh My JADU _ City Council Intent of State Law • Increase the supply of affordable housing • Opportunity for homeowners to create extra income (or downsize) • Reduce red tape at the local level • Part of a years -long (and continuing)effort at the state level to encourage housing production Proposed Amendments — General Provisions • ADUs and JADUs reviewed administratively • ADU's and JADUs must be approved with 60 days of application • ADU's and JADUs must have architectural design and materials of primary residence • A residential property is allowed one ADU plus one JADU Proposed Regulations for ADUs • No more than 1,200 square feet • Complete and independent living facility with a separate outside entry • May be attached or detached • If detached, no more than 16 feet tall ���MENDMENT� 1200 Square Foot ADU BOILER �� 21 SF 1 '.1UDROOM W SF 2 Bedrooms 1 Bath Kitchen/Dining Living Area Mudroom IT -7 It? 114' KITCHEN & DINING 296 SF 71.11lw T-0114' 3T-0 li4' 3'-0174' 3 e BEDROOM ~ 166 SF I LIVING WSF r--� (z3 MT�Owj1 T -asp rI { "J -- — 7�E --,/J 0 "' 6EDRDDM L2595E I I M I � I I I I T-0114" 14'•2lAr L_ V7610 3 Regulations for JADUs • Must be part of an existing primary dwelling and have separate outside entry • No more than 500 square feet • Must have " efficiency kitchen" — counter and storage space plus some form of appliances • Not "independent" --Can use bathroom in the main unit • Owner occupancy in one unit on property is required ����ffiMENT� Significant Amendments — Parking • May require one off-street parking space per ADU • No parking required is within 0.5 miles of quality transit • No replacement parking required for conversion of a garage • No parking required for JADU CEQA Review Public Resources Code section 21080.17 and CEQA Guidelines section 15282(h) provide an exemption for "Ordinances Implementing Law Relating to Construction of Dwelling Units and Second Dwelling Units" CEQA Guidelines section 15305 provides an exemption for Minor Alterations in Land Use Limitations. Under State law ADU's and JADUs are allowed by right and adoption of new ADU/JADU regulations will not increase the potential for construction of such dwellings. As such, the proposed regulations will not result in changes to land use or density. Recommendation The Planning Commission recommended that the City Council amend the Zoning Code to make the proposed changes to ADU regulations. An ordinance has been prepared for introduction at tonight's meeting, should the Council concur with the Commission's recommendation. SUBJECT: PUBLISH DATE: Please immediately confirm receipt of'this. fax by calling; 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NO. 1987 SATURDAY, NOVEMBER 6, 2021 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: JENNIFER CUSMIR, CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, NOVEMBER 4, 2021 ORDERED BY: JENNIFER CUSMIR CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK SEND PROOF OFADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at legals@lodinews.com at �?:3a tlme) on 111d date) \\cvcfilv0 t\administration$Wdministration\CLERK\OrdSummaries\Advins. doc CITY OF LODI ORDINANCE 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." The purpose of this ordinance is to amend the Lodi Municipal Code to be compliant with State Accessory Dwelling Unit and Junior Accessory Dwelling Unit development standards within the City for efficient implementation. Introduced November 3, 2021. Adoption to be considered November 17, 2021. AYES: Hothi, Khan, Kuehne, and Mayor Nakanishi; NOES: None; ABSENT: Chandler. Jennifer Cusmir, City Clerk City of Lodi November 3, 2021 Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE 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" On Thursday, November 4, 2021, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1987 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 4, 2021, at Lodi, California. Pamela M. Farris Assistant City Clerk ordsu m mariesWDecPost. doc ORDERED BY: JENNIFER CUSMIR CITY CLERK Kaylee Clayton Administrative Clerk ORDINANCE 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 17.36.103 — Second Dwelling Units and this inconsistent with current State law; and addresses this type of housing under Section Section of the Municipal Code is substantially WHEREAS, the proposed amendments to Section 17.36.130 are consistent with current State law and will clarify ADU/JADU 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: SECT[ON 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 2 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 1. 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. i. Landscape. Landscaped areas within setbacks shall meet the requirements of this code. 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. k. 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. L 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. An attached 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. i. 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. j. 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. c. 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. 0 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 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: JENNIFER CUSMIR City Clerk --------------------- --------------------- State of California County of San Joaquin, ss. Approved this 17th day of November, 2021 ALAN 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 — NOES; COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — 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. JENNIFER CUSMIR City Clerk Approved as to Form: The foregoing document is certified to be a correct copy of the original on fie in the city Clerk's Office, JANICE D. MAGDICH Pamela M. Farris City Attorney Assistant City Clerk, City of Lodi By; 10 Dated; Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: NOTICE OF PUBLIC HEARING TO INTRODUCE AN ORDINANCE AMENDING LODI MUNICIPAL CODE SECTION 17.36.130 RELATED TO CITY'S ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT REGULATIONS PUBLISH DATE: SATURDAY, OCTOBER 23, 2021 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: JENNIFER CUSMIR, CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, OCTOBER 21, 2021 ORDERED BY: JENNIFER CUSMIR CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYL CLAYTON ADMINISTRATIVE CLERK Emailed to the Sentinel at legals@lodinews.com at (t[rme) on .]S (date) (pages) formAadvins.doc X DECLARATION OF POSTING NOTICE OF PUBLIC HEARING TO INTRODUCE AN ORDINANCE AMENDING LODI MUNICIPAL CODE SECTION 17.36.130 RELATED TO CITY'S ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT REGULATIONS On Thursday, October 21 2021, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider introducing an ordinance amending Lodi Municipal Code Section 17.36.130 related to City's accessory dwelling unit and junior accessory dwelling unit regulations was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on October 21, 2021, at Lodi, California. PAMELA M. FARRIS DEPUTY CITY CLERK ORDERED BY: JENNIFER CUSMIR CITY CLERK KAYLIt CLAYTON ADMINISTRATIVE CLERK \\cvcfilv0l\administration$\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOST.DOC • CITY OF L OD I �•y; Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: November 3, 2021 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer Cusmir City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, November 3, 2021, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following item: a) Ordinance amending Lodi Municipal Code Section 17.36.130 related to City's accessory dwelling unit and junior accessory dwelling unit regulations. Information regarding this item may be obtained in the Community Development Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City ouncil: eye Cusmir � k Dated: , October 20, 2021 Approv as to form: Jai iee C�-r�agdich City Attorney AVISO: Para obtener ayuda interpretativa con esta noticia, por favor Ilame a la oficina de la Secretaria Municipal, a las (209) 333-6702. CLERK\PUBHEAR\NOTICES\NOTCDD_AccessoryDwellingUnits 10/14/21