In an effort to combat rising housing costs California passed major legislation allowing any house zoned for single-family to build a second rentable unit, known as an accessory dwelling unit. This has opened up massive opportunities for California homeowners allowing them maximize their property values. If you’re interested in building an accessory dwelling unit, you’ve come to the right place!
ORDINANCE NO. 2017-347
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALABASAS, CALIFORNIA AMENDING CHAPTER
17.12.170 OF THE CALABASAS MUNICIPAL CODE BY
UPDATING THE STANDARDS AND REQUIREMENTS APPLIED TO THE DEVELOPMENT OF ACCESSORY DWELLING UNITS (ALSO REFERRED TO AS SECOND UNITS, IN-LAW UNITS, OR GRANNY FLATS), AS REQUIRED TO COMPLY WITH NEW CALIFORNIA LAW.
WHEREAS, the City Council of the City of Calabasas, California (“the City Council”) has considered all of the evidence including, but not limited to, the Planning Commission Resolution No. 2017-638, Planning Division staff report and attachments, and public testimony at its meeting; and,
WHEREAS, the City Council finds that the proposed amendment to Section
17.12.170 will update the City’s secondary housing unit requirements, so that the requirements for parking and side and rear setbacks pertaining to units located in or above a garage align with newly-enacted State law; and,
WHEREAS, the City Council finds that the proposed Development Code Amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and,
WHEREAS, the proposed Development Code Amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA) because the project is exempt from environmental review in accordance with Section 21084 of the California Environmental Quality Act (CEQA), and pursuant to Sections
15002(j)(1) and 15061 (8)(3) of the CEQA Guidelines; and,
WHEREAS, the proposed Development Code Amendment is consistent with newly effective amendments to Government Code section 65852.2 and is consistent with the Housing Element of the Calabasas 2030 General Plan, which encourages the development of secondary housing units as a means of providing affordable housing while maintaining the character of residential neighborhoods, is adopted in the public interest, and is otherwise consistent with federal and state law; and,
WHEREAS, the City Council has considered the entirety of the record, which includes, without limitation, the Calabasas 2030 General Plan; the staff report, public comments, and minutes from the meeting of the Planning Commission of January 19, 2017; the staff report, public comments, and minutes from the City Council meeting of February 8, 2017, and all associated reports and testimony;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALABASAS DOES ORDAIN AS FOLLOWS:
Si:CT!ON 1, Based upon the foregoing the City Council finds:
- Notice of the February 8, 2017, City Council public hearing was posted at Juan Bautista de Anza Park, the Calabasas Tennis and Swim Center, Gelson’s Market, the Agoura Calabasas Recreation Center, and at Calabasas City Hall.
- Notice of the February 8, 2017, City Council public hearing was published in the
Las Virgenes Enterprise ten (10) days prior to the hearing.
- Notice of the February 8, 2017, City Council public hearing complied with the public notice requirements set forth in Government Code Section 65009 (b)(2).
- Following a public hearing held on January 19, 2017, the Planning Commission
adopted Resolution No. 201 7-638 recommending to the City Council adoption of this ordinance.
SECTION 2. Section 17. 76.050(B) Calabasas Municipal Code allows the City Council to approve the Development Code Amendment, which follows in Section 3 of this ordinance, provided that the following findings are made:
- The proposed amendment is consistent with the goals, policies, and actions of the General Plan;
The proposed amendment to Section 17.12.170 will update the City’s secondary housing unit requirements, so that the approval process, as well as the parking, maximum size, and minimum setback requirements align with newly enacted State law. The Calabasas 2030 General Plan, as updated on September 11, 2013 through the adoption of the 2014-2021 Housing Element Update, includes the following objective statements: “1) Assist in the provision of a variety of housing types to address the needs of all economic segments of the Calabasas community; and, 2) Address and remove governmental constraints that may hinder or discourage housing development in Calabasas.” The proposed amendment will assist in the provision of a variety of housing types to address the needs of all economic segments of the Calabasas community by increasing the number of potential new secondary housing units on residentially zoned properties in the City. The proposed amendment will also remove governmental constraints by allowing qualified secondary housing units meeting the minimum standards to receive ministerial approval without further discretionary review. In addition to being consistent with these General Plan objectives, the proposed amendment specifically implements the following General Plan policies, as articulated in the 2014-2021 Housing Element:
Policy V-1: Preserve the character, scale and quality of established residential neighborhoods.
Policy V-8: Provide site opportunities for development of housing that
respond to the diverse housing needs of Calabasas residents and workforce in terms of density, location and cost.
Policy V-10: Provide for the development of second units in existing single-
family neighborhoods to provide additional opportunities for rental housing which conforms to the development standards within the underlying zone. Policy V-21: Support the development and maintenance of affordable senior rental and ownership housing and supportive services to facilitate maximum independence and the ability of seniors to remain in their homes and/or in the community.
Accordingly, the proposed amendment is consistent with the goals, policies, and actions of the General Plan.
- The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city;
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because it updates the City’s secondary housing unit requirements to comply with new state law, and any future applicant of a secondary housing unit still must comply fully with all applicable state laws and all other applicable standards for site development, including but not limited to: Hillside Grading Ordinance, Scenic Corridor Overlay Ordinance and Design Guidelines, Dark Skies Ordinance, Landscaping Ordinance, Oak Tree Ordinance, Green Buildings Ordinance, and other health and safety requirements of applicable laws. Any such future project must comply fully with local building codes, as applicable. Additionally, the City retains its authority to consider adequacy of water and sewer services and the impact of accessory dwelling units on public safety. Therefore, the proposed amendment meets this finding.
- The proposed amendment is in compliance with the provisions of the
California Environmental Quality Act (CEQA).
The proposed amendment is exempt from the requirement for environmental review under CEQA because: 1) the secondary housing unit regulation provisions promulgated through the updated Code already effectively took effect on January 1, 2017 by virtue of the state’s adoption of new statutes that preempt any inconsistent local ordinance; thus, the City’s action is not creating a new land use regulation and it can be seen with certainty that no environmental impacts will result from the City’s action. Instead, the City’s action is to amend its second unit ordinance to match the new requirements of
state law . Consequently, and in accordance with CEOA Section 21084 and both Section 15002(i) (1) – Lack of Local Jurisdictional Discretion – and Section 15061 (b)(3) – General Rule of Exemption – of the CEOA Guidelines, the adoption of this ordinance is exempt from review under CEOA and a Notice of Exemption has been prepared for this proposed amendment.
The adoption of this ordinance also does not meet the definition of a project under CEOA Guidelines section 15061, subdivision (b)(3) and section 15378, subdivision (a) and subdivision (b)(5). The proposed changes to the second residential unit ordinance, changing the standards for second residential units as required by state law, has no potential for resulting in physical changes in the environment, directly or indirectly, because it consists of changes in the standards governing issuance of ministerial permits for second residential units and does not directly or indirectly approve any applications for particular second units. The adoption of this ordinance is therefore further exempt from CEOA review pursuant to California Code of Regulations, Title 14, Sections
15301 and 15308 of the CEOA Guidelines.
- The proposed amendment is internally consistent with other applicable provisions of this development code.
The proposed amendment is internally consistent with other applicable provisions of the Development Code because it updates only Section
17.12.170, Secondary Housing Units, and all other chapters and sections remain unaffected.
SECTION 3. Development Code Amendment: Section 17.12.170 of the
Land Use and Development Code is hereby amended to read as follows:
17.12.170 – Secondary Housing Units.
Where allowed by Section 17.11.010, this section establishes standards for secondary housing units, also known as accessory dwelling units.
- Legislative Findings. In compliance with Government Code Section
65852.2(a)(14)(C), the city finds that secondary housing units are consistent with the allowable density and with the General Plan and zoning designation.
- Development Standards. A single secondary housing unit may be allowed on a site in the RS, RR, HM and OS zoning districts in addition to a primary dwelling subject to a zoning clearance, as follows:
- Primary Dwelling Required. The site shall be developed with one detached single-family dwelling.
- Primary and Secondary Dwellings Not Separable. The secondary housing unit shall not be sold separately from the primary dwelling and may be rented.
- Secondary Housing Unit Appearance. The design of the unit shall conform in general to the design of the primary dwelling; and
- Site Layout and Design Standards. The location and design of a
secondary housing unit shall comply with the following requirements:
Development
Feature
Table 2-4
Secondary Housing Unit Requirements
I Requirement
Minimum lot area Lot area shall not be less than 10,000 sq. ft.
Maximum 1,200 sq. ft. of habitable floor area not including garage.
Gross floor area The maximum size of the floor area of an attached unit shall not exceed fifty percent (50%) of the existing living area of the
primary unit, inclusive of any basement or attic.
Detached unit: Rear half of lot.
Site coverage, detached rear-
Maximum of 30% of the rear yard, including any other
yard units accessory structures, and projections of the primary dwelling.
Side: 5 ft. minimum.
Side setbacks for units constructed above a garage: 5 ft.
Setbacks
No side setback requirements shall apply to units constructed entirely within an existing garage.
Rear: 10ft. minimum.
Rear setbacks for units constructed above a garage: 5 ft. No rear setback requirements shall apply to units constructed entirely within an existing garage.
Interior: 10ft. minimum, from primary dwelling or other structure, if detached.
–
Height limit – One story, 15 ft. maximum (see 17.20.140 for height measurement), as allowed by zoning district when located above
Detached units
a garage.
In addition to replacing all required spaces lost when a garage,
Parking carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit,
one space, which may include tandem parking or, where an
existing parking structure is demolished to create a legal second unit, the use of a mechanical lift shall be allowed.
No additional parking space is required if any of the following is true:
(A) The second unit is located within one-half mile of a regularly scheduled public transit stop;
(B) The second unit is located within a City Council designated historic district;
(C)The second unit is part of the existing legal primary
residence or an existing legal accessory structure; (D) On-street preferential permits are required by the City but
not offered to the occupant of the second unit; or
(E) There is a publicly accessible and presently ‘operating car share vehicle parking location within one block of the
second unit.
- All secondary units shall also comply with any additional requirements in any overlay zone. In the event of conflicting provisions, the requirements of this secondary housing unit ordinance shall control.
- Notwithstanding the requirements in Table 2-4, the City shall approve
an application for a building permit to create within a single-family residential zoned property one secondary unit per single-family lot if the secondary unit is contained within the building envelope of an existing legal primary unit or legal accessory structure, has independent exterior access from the existing legal primary residence, and the side and rear setbacks are sufficient for fire safety as determined by the Community Development Director.
SECTION 4. Severability Clause:
Should any section, clause, or provision of this Ordinance be declared by the Courts to be invalid, the same shall not affect the validity of the Ordinance as a whole, or parts thereof, other than the part so declared to be invalid.
SECTION 5. Effective Date:
This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code Section 36937 and shall supersede any conflicting provision of any City of Calabasas ordinance.
SECTION 6. Certification:
The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published or posted according to law.
PASSED, APPROVED AND ADOPTED this 22nd day of February, 2017.
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