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4.01 Case No. 2021-0026 An Ordinance Amending the Westminster Municipal Code to Regulate Accessory Dwelling UNits, Junior Accessory Dwelling Units, and Related Park FeesFS fJrgB11SNED \9j1 City of Westminster Staff Report 8200 Westminster Boulevard Westminster, California 92683 File #: 21-68, Item #: 4.1 Meeting Date: 3/24/2021 Westminster City Council To: Honorable Mayor and City Council Thru: Marwan N. Youssef, City Manager From: Alexa Smittle, Community Development Director Reviewed by: Erin Backs, Interim Finance Director Prepared by: Steve Ratkay, AICP, Planning Manager Sl1 gJ FCT- Case No. 2021-0026 An Ordinance Amending the Westminster Municipal Code to Regulate Accessory Dwelling Units, Junior Accessory Dwelling Units, and Related Park Fees. RECOMMENDED ACTION/MOTION: The Planning Commission recommends that the Mayor and City Council introduce an Ordinance for first reading entitled, "AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER TO AUTHORIZE ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS AND RELATED PARK FEES," read by title only and waiver further reading. BACKGROUND/DISCUSSION: The state laws addressing Accessory Dwelling Units (ADUs) first took effect in 2017 and new laws have been added over the subsequent years. These statewide legislative changes were established to override most local government zoning regulations as they pertain to ADUs. In summary, these requirements establish that local governments must do all of the following: • Approve ADUs ministerially; • Allow ADUs in all residential and mixed zones; • Allow for both an ADU and a Junior ADU (JADU); City of Westminster Page 1 of 5 Printed on 3/18/2021 powered by LegistarT"^ File #: 21-68, Item #: 4.1 Meeting Date: 3/24/2021 • Allow for the conversion of a garage to an ADU; and • Allow for an ADU with a four -foot side yard and rear yard setback. Furthermore, local governments, such as Westminster, cannot require replacement parking when a garage is converted to an ADU. Additional background regarding ADU legislation is included in the Planning Commission's staff report (Attachment No. 6). In response to the State's 2019 ADU legislative changes, the City Council adopted an Urgency Ordinance (Ordinance No. 2563) on December 18, 2019. A copy of the urgency ordinance is included as a part of Attachment No. 3 in the Planning Commission March 3, 2021 agenda packet (Attachment No. 6 of this report). In 2020, staff began work on a permanent ordinance to eventually replace the current urgency ordinance. While a new ordinance would be needed to permanently codify the existing ADU regulations stipulated in the urgency ordinance, staff also used this opportunity to evaluate other potential code changes that could address common requests and simplify the submittal process for the community. At the regular City Council meeting of October 14, 2020, staff presented various options for modifying the City's ADU regulations, which included allowing JADUs to be constructed within a garage, increasing the maximum allowed size of a detached and attached ADU, and increasing the number of allowed bedrooms within an ADU. At the conclusion of the presentation, and following deliberation, the Mayor and City Council voted to form an ad hoc committee, comprised of two councilmembers, to further study modifications to the City's ADU regulations. Since that time, staff has met with the members of the City Council's ad hoc ADU Committee, consulted with staff from the California Department of Housing and Community Development (HCD) reviewed the new ADU Handbook HCD staff issued in December 2020, and conferred with the City Attorney's office to further refine the City's permanent ADU ordinance. The draft ordinance presented to the Planning Commission at their regular meeting of March 3, 2021, reflected changes made as a result of these meetings and events in recent months. In addition, minor changes included in the ordinance provide clarifications to ensure compliance with State law and facilitate a more efficient review of ADU applications. For example, the proposed revisions to Chapter 3.62.040 (Parks and Recreation Mitigation Requirement), clarifies that ADUs are subject to a portion of the City's park fees, consistent with State law. As required by State law, the staff will forward its new ADU ordinance to HCD, following adoption. PLANNING COMMISSION ACTION The Planning Commission considered the zone text amendment and draft ordinance (Case No. 2021 -0026) during a public hearing on March 3, 2021. One member of the public spoke during the public hearing and commented on the draft ordinance and the State's regulations pertaining to ADUs. The public hearing was closed and following deliberation, the Planning Commission voted 5-0 to recommend that the Mayor and City Council adopt the ordinance, with the following amendments: 1. Remove the provision that would allow JADUs to be constructed within an attached garage; 2. Eliminate the provision establishing a maximum number of bedrooms for an ADU; and City of Westminster Page 2 of 5 Printed on 3/18/2021 powered by LegistarT"^ File #: 21-68, Item #: 4.1 Meeting Date: 3/24/2021 3. Reduce the maximum size of all ADUs to no more than the maximum size required by State law. In voting to include these amendments, it was the desire of the Planning Commission to establish an ADU ordinance that is more restrictive than the draft ordinance presented to the Planning Commission. Draft minutes from the Planning Commission meeting from March 3, 2021 is provided as Attachment No. 5. The draft ordinance provided as Attachment No. 1, and as recommended by the Planning Commission, incorporates the Planning Commission's amendments. Attachment No. 3 summarizes the major changes shown in Attachment No. 1. Attachment No. 2 provides a redlined version of the ordinance which illustrates the specific changes recommended by the Planning Commission (changes shown in red). DISCUSSION OF THE PLANNING COMMISSION'S AMENDMENTS State law regarding ADUs serves as a minimum, wherein cities must allow for at least what is allowed by State law. However, cities can enact ADU regulations that are more permissive that what State law establishes as a minimum. The Mayor and City Council can adopt the ordinance recommend by the Planning Commission (Attachment No. 1), adopt a different version of the ordinance that does not include the Planning Commission's recommended changes, or make additional changes. A version of the draft ordinance that does not include the changes recommended by the Planning Commission is included as Attachment No. 1 within the Planning Commission's March 3, 2021, agenda packet (Attachment No. 6 of this report). A redlined version of all other changes made to the Urgency Ordinance (not including the Planning Commission changes) are provided as Attachment No. 2 in the Planning Commissions agenda packet (Attachment No. 6 of this report). The current urgency ordinance is also provided in Attachment No. 3 within the Planning Commission agenda packet (Attachment No. 6 of this report). Each of the three Planning Commission's amendments are further discussed below in regards to the City's current urgency ordinance and state law: JADU Constructed With an ADU State law does not require that a city allow for a JADU to be constructed within a garage, but a city may opt to do so. The draft ordinance presented to the Planning Commission proposed that JADUs be allowed in either a dwelling or an attached garage. The City's current urgency ordinance only allows for a JADU to be constructed within a dwelling; the Planning Commission's recommendation would keep that rule. Maximum Number of Bedrooms. HCD staff asserts that cities cannot establish a maximum number of bedrooms within an ADU; the City Attorney believes that HCD is incorrect in their interpretation of the law. The City's current urgency ordinance stipulates that an ADU can have a maximum of two bedrooms. The draft ordinance presented to the Planning Commission proposed to increase the maximum number of allowed bedrooms from two to four. The Planning Commission recommended eliminating the maximum number of bedrooms. City of Westminster Page 3 of 5 Printed on 3/18/2021 powered by LegistarT"^ File #: 21-68, Item #: 4.1 Maximum Size of an ADU Meeting Date: 3/24/2021 State law establishes separate rules for ADUs that are attached to the main dwelling unit, versus detached, stand-alone structures. State law says that a city must allow for a detached ADU that is at least 1,200 square feet, which is how the proposed ordinance reads. In regards to attached ADUs, the City's current urgency ordinance follows language stated in State law and stipulates that an ADU's maximum floor area is the greater of the following: • 850 square feet for 0-1 bedrooms; or • 1,000 square feet for 2 or more bedrooms; or • An area equal to 50 percent of the main dwelling. In December of 2020, HCD published and released an updated ADU Handbook that provides HCD's interpretation of the State's ADU laws. The handbook implies that cities are not required to allow units at 50 percent of the size of the main dwelling, and can simply rely on the 850/1,000 square foot limits. Since the Planning Commission voted to only allow for the maximum area required by state law, the ordinance provided as Attachment No. 1, includes only the 850 and 1,000 square -foot provisions, and omits the 50 percent requirement. While this is consistent with HCD's interpretation of the law, there would be risk to the City in establishing these provisions if it is later determined that HCD incorrectly interpreted state law. The Council has the option to accept all, some, or none of the Planning Commission's recommendations. For example, the Mayor and City Council may consider retaining the square - footage provisions found in the current urgency ordinance, or retain the provisions stated in the draft ordinance that was previously presented to the Planning Commission, which allows for either the greater of 1,200 square feet or 50 percent of the size of the dwelling for an attached ADU. To further summarize how the ADU ordinance could address the maximum allowed size of attached ADUs, the list below illustrates the differences between the Planning Commission's recommended ordinance, the current urgency ordinance, and the version of the ordinance originally presented to the Planning Commission: 1. Planning Commission Recommended Language: The maximum floor area of an attached ADU with 0-1 bedrooms shall be 850 square feet. The maximum floor area of an ADU with 2 or more bedrooms shall be 1, 000 square feet. 2. Language Consistent with the Existing Urgency Ordinance and State Law: The maximum floor area of an attached accessory dwelling unit shall be: a. 850 sq. ft. for an ADU with 0-1 bedrooms, b. 1,000 sq. ft. for an ADU with 2 or more bedrooms, or c. 50% of the existing primary dwelling, whichever is greater. City of Westminster Page 4 of 5 Printed on 3/18/2021 powered by LegistarT"^ File #: 21-68, Item #: 4.1 Meeting Date: 3/24/2021 3. Language in the Draft Ordinance Presented to the Planning Commission: The maximum floor area of an attached ADU shall be 1,200 square feet or 50% of the living area of the primary dwelling, whichever is greater ENVIRONMENTAL REVIEW The project is found to be exempt from the California Environmental Quality Act ("CEQA") under Public Resources Code § 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines §§ 15282(h) [statutory exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to land], and also that the ordinance is exempt under CEQA Guidelines section 15061, because this ordinance will not have a significant effect on the environment, because ADUs will largely constitute infill housing which is exempt from CEQA. CITY COUNCIL PUBLIC NOTICE On March 4, 2021, a notice was mailed to those interested parties that have requested in writing a notice pertaining to a hearing to consider adding or amending development impact fees, as prescribed by law. On March 11, 2021, public hearing notices were posted at the City Council Chambers, City Hall, Westminster Branch Library, and on the City's website. Furthermore, the notice was published in the Westminster Journal on March 11, 2021. No comments were received in response to the public notice prior to completion of this report. FISCAL IMPACT: None ATTACHMENTS: 1. Draft Ordinance (Recommended by the Planning Commission) 2. Redlined Version of the Draft Ordinance (Changes Recommended by the Planning Commission) 3. Table Summarizing Topics Addressed in the Draft Ordinance 4. Planning Commission Resolution Recommending Approval of Ordinance 5. Draft Minutes of the Planning Commission's March 3, 2021 Meeting 6. Planning Commission Staff Report and Attachments (March 3, 2021) Staff Report Attachments: 1. Draft Planning Commission Resolution and Exhibit A (Draft Ordinance) 2. Redlined Version of the Draft Ordinance 3. Current ADU Urgency Ordinance (Ord No. 2563) 4. Summary Table of Selected Changes City of Westminster Page 5 of 5 Printed on 3/18/2021 powered by LegistarT"^ A '0460 "Wr ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER TO AUTHORIZE ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS AND RELATED PARK FEES WHEREAS, effective January 1, 2020 multiple new housing bills relating to accessory dwelling units (ADUs) became law, including AB 68, AB 881, SB 13, AB 587, and AB 670; and WHEREAS, effective January 1, 2021, a new bill relating to ADUs, AB 3182, became effective law; and WHEREAS, municipal regulations which are inconsistent with state law may be preempted; and WHEREAS, to preserve what limited authority the City has remaining to regulate ADUs, it is desirable that the City update its laws; WHEREAS, the city previously adopted Ordinance 2563 on an urgency basis to cause various revisions to the municipal code; WHEREAS, the city intends the revisions caused by Ordinance 2563 to remain in place except as stated in this ordinance, THE CITY COUNCIL OF THE CITY OF WESTMINSTER does ordain as follows: SECTION 1: General Plan Consistency. Pursuant to Section 17.620.030 of the Westminster Municipal Code, the Mayor and City Council approve a Zone Text Amendment (Case No. 2021-0026) related to accessory dwelling units, based upon the following findings: 1. The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan and will not create any inconsistencies with this Title, in the case of a Zoning Code amendment; The Zoning Text Amendment conforms to the City's General Plan because it facilitates the construction of ADUs (subject to limitations in terms of size, height, location, design, and parking standards) as a source of housing consistent with goals and policies of the General Plan Housing Element. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; Page 1 of 19 The proposed amendment, consistent with Government Code Section 65852.2 and 65852.22, ensures the character of the City's residential neighborhoods is preserved to the maximum extent possible. The new standards establish regulations upon height, size, location, and parking; which will ensure that ADUs will not create negative impacts and will be in harmony with the character of the community. 3. The proposed amendment is in compliance with the provisions of CEQA. Pursuant to the California Environmental Quality Act (CEQA) and the City's CEQA guidelines, the project has been determined to be exempt from CEQA per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which state the adoption of an ordinance regarding second dwelling units (ADUs) to implement the provision of Section 65852.2 of the Government Code are exempt from the requirements of CEQA. %W SECTION 2. Municipal Code Section 17.210.010. The City Council confirms that Section 17.210.010 (Residential Zoning District Land Uses and Permit Requirements) of Chapter 17.210 (Residential Zoning Districts) of Title 17 of the Westminster Municipal Code be amended as follows (new text, as compared to the law before Ordinance 2563 was enacted is underlined and removed text is strikethre nh): 17.210.010 Residential Zoning District Land Uses and Permit Requirements Table 2-2 Permitted Uses and Permit Requirements For Residential Zoning Districts Permit Requirements Ld Use by District See Specific Use Regulations RI R2 R3 R4 R54 Residential Accessory dwelling units and junior accessory dwelling units (in P P P P P Section conjunction with a single-family 17.400.135 or multifamily residence) SECTION 3. Municipal Code Section 17.400.120. The City Council confirms that Section 17.400.120 (Residential Uses--Single-Family Residential) of Chapter 17.400 (Standards for Specific Land Uses and Accessory Uses) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is c+riVo+hrr.i ..h): Page 2 of 19 A. Purpose and Intent. The purpose of this Section is to provide general development standards for single-family residences in any residential district unless noted otherwise. B. Development Standards. A single-family dwelling unit and any expansion of such unit shall comply with the following criteria. The Director may require recordation of a covenant stipulating the conditions of approval for any project approved hereunder, whenever, in the judgment of the Director, such a covenant is necessary to provide constructive notice to any successor in interest on the subject property as to the nature of the approval conferred hereunder. 1. The design of an addition shall be consistent with the design of the surrounding neighborhood and shall be compatible with the materials, color palette, architectural theme, and roof pitch of the existing dwelling unit. 2. Common interior access to all living, sleeping, eating, and food preparation areas shall be provided through common use areas or a common hallway, and the dwelling unit, including any additions, shall function as a single-family dwelling. No addition or modification to a single-family dwelling shall be permitted that facilitates subdividing the interior of the dwelling unit into separate areas that may be used as independent living space, or that subverts or violates the R1 zoning district regulations when a project is within an R1 district. 3. The second floor of the house shall not have a kitchen, a wet bar or the utilities available to facilitate the installation of kitchen facilities unless a second kitchen is approved pursuant to Section 17.400.135, Residential Uses— Accessory Dwelling Units. 4.3- Each single-family dwelling shall have no more than one kitchen unless a second kitchen is approved pursuant to Section 17.400.135, Residential Uses—Accessory Dwelling Units. 5. 4– Three enclosed garage spaces with minimum interior dimensions of 10 feet by 20 feet each and 3 open parking spaces with minimum dimensions of 9 feet by 19 feet each shall be provided if a single-family dwelling has 5 or more bedrooms, or rooms which by the virtue of their design, location, and means of access within the dwelling can reasonably be used primarily for sleeping purposes without structural modifications. 6. �5-. An exterior door from a bedroom shall not be permitted except under the following conditions: a. Installation of the exterior bedroom door shall not facilitate subdivision of the interior of the dwelling unit into smaller, independent separate living or dwelling units. b. The door shall be decorative in nature and the area of the door shall be at least 50 percent translucent, such as a sliding glass door or French doors. c. The door shall provide access to an improved landscaped or recreational area, such as a garden, spa, or patio, in the rear or side yard. Page 3 of 19 If the exterior bedroom door opens onto a side yard, the side yard shall have a minimum dimension of 10 feet. 7. 6- If a wet bar is proposed, it shall be located in a common living space, such as a family room or living room, with open access to other areas of the home provided that the portion of the home containing the wet bar can comply with the standard outlined in Section 17.400.130.B.3. 8. -7�- Exterior stairs to the second floor or balcony of a single-family dwelling shall not be permitted except under the following conditions: a. Installation of the staircase shall not facilitate subdivision of the interior of the dwelling unit into smaller, independent living spaces or dwelling units including accessory dwelling units and junior accessory dwelling units. b. The exterior door leading to the second -floor landing of the staircase shall be decorative in nature and the area of the door shall be at least 50 percent translucent, such as a sliding glass door or French doors. A Thn sennni-1 flnnr of ti'l'e he ice shall nn+ have a kitnhen a WiQ-t h.;r Ar �n�v vusc�nun-rrvcTravc-cr-rcrrcn crr�aPcc�zcrr-vr �cera�i i+ kitrah-rtep S appreved pursuaRt 4n ectTorni-1r7 �1nn I'2 r. L?ecirlcernrt�aT /� vvcv Ions nneoonrY Dwelling I R4s c4. The staircase shall provide access from the second floor to an improved landscaped or recreational area, such as a garden, spa, or patio. de. The interior staircase of the dwelling shall be retained and shall be utilized as the primary means of access to the second floor of the dwelling. e#. A deed restriction stipulating compliance with the above conditions shall be recorded on property in all cases where a second floor exterior staircase is approved. 9. 8-. Each single-family dwelling shall provide an enclosed 2 -car garage having a minimum interior dimension of 20 feet in width and 20 feet in depth, unless otherwise required by Section 17.400.120.B.4. A garage may have windows and may be finished with drywall provided that the garage shall not be used for habitable space and shall be available for storage of automobiles. The maximum size of a detached 2 -car garage shall be 550 square feet, and the maximum size for a 3 -car detached garage shall be 750 square feet. If the accessory dwelling unit's required parking space will be provided in a garage, the garage space for that parking space is exempt from the total maximum. Detached garages exceeding the established maximum size and attached garages exceeding 800 square feet in area are subject to an Administrative Use Permit, Chapter 17.550. SECTION 4. Municipal Code Section 17.400.135. The text of Municipal Code Section 17.400.135, entitled "Residential Uses —Accessory Dwelling Units" is deleted and replaced with the following: Page 4 of 19 A. Accessory dwelling units and junior accessory dwelling units —Purpose, definitions, general plan consistency. 1. Purpose. The intent of this Section is to ensure that ADUs and JADUs remain as an accessory use to a single-family residence, and multi -family residences, that the parcels are organized to accommodate an ADU and/or JADU, and that such dwelling units do not adversely impact surrounding residents or the community. 2. Definitions. For purposes of this section 17.400.135: a. "Accessory dwelling unit" has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. b. "ADU" means an accessory dwelling unit. c. "Attached ADU" means an ADU, other than a converted ADU, that is physically attached to a primary dwelling. This includes an ADU that is created by converting an existing part of the primary dwelling and expanding the dwelling to create a new unit. d. "Converted ADU" means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within all or a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, and storage areas. e. "Detached ADU" means an ADU that is physically separated from, but located on the same lot as, a primary dwelling structure. f. Existing." A structure is "existing" if it was legally constructed and the construction has passed all required final inspections. g. "JADU" means a junior accessory dwelling unit. h. "Junior accessory dwelling unit" shall have same meaning as that stated in Government Code section 65852.22(h)(1) as that section may be amended time to time. i. "Passageway" has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. j. "Public transit", has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. k. "Tandem parking" has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. Page 5 of 19 3. General Plan Consistency. In adopting these standards, the City recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The City finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to ADUs, and that the amendment furthers the goals, objectives, and policies of the general plan housing element. B. Accessory dwelling units—Development standards. 2 3 Residential Zone. Except as otherwise provided, ADUs shall conform to the development standards of the underlying zone, and are only permitted in zones that allow for residential development. Location of ADUs. An ADU shall only be allowed on a lot within the City that contains or will be developed with a legal, single-family or multiple - family residence. Number of ADUs per lot. L'I a. For lots with an existing or proposed single-family dwelling, one ADU may be on the lot. b. For lots with an existing multi -family residential dwelling: No more than twenty-five percent (25%) of the number of the existing units, but at least one (1) unit, shall be permitted as ADUs constructed within the non -livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; and ii. Up to two (2) detached accessory units c. For lots without an existing multi -family residential structure where anew multi -family residential structure is proposed, up to two (2) detached ADUs may be on the lot, provided that: i. each ADUs complies with the development standards for ADUs in this subsection B (Accessory dwelling units – Development Standards); ii. the property complies with all development standards applicable to multi -family dwellings in the underlying zoning district including, but not limited to, lot coverage, open space, parking, and landscaping requirements; and Page 6 of 19 iii. The property is not relying on any exception within B.4 (for units of 800 square feet or less), listed immediately below. 4. ADUs of 800 square feet or less. All development standards (including setbacks, lot coverage, open space, and landscaping requirements) are reduced solely to the extent necessary to allow either of the following: a. On a lot with a proposed or existing single family dwelling, one attached or detached ADU that is 800 square feet or less, with a height not exceeding sixteen (16) feet, with setbacks of at least four (4) feet from the side and rear yards and complies with applicable front yard setbacks. b. On a lot with an existing multi -family dwelling, up to two (2) detached ADUs that are 800 square feet or less and which have a height not exceeding (16) feet, and which comply with setbacks of at least four feet from the side and rear yards, and which comply with front yard setbacks. 5. Separate Entrances. An ADU shall have a main entrance separate from the primary home. 6. Park Fees. Applicants shall pay all applicable development impact fees, if any (See Section 3.62.040, "Parks and recreation mitigation requirement"). 7. City/public utilities. a. All ADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For example, if required by the building standards code, dwelling units that are proposed to be installed on a property with only septic tanks are prohibited. b. Except for ADUs created solely by converting an existing single family dwelling or a single-family accessory structure, the city may require a separate utility connection. 8. Buildinq Code / Minimum Size. All new ADUs must comply with Title 15 of the Municipal Code ("Buildings and Construction") and any other applicable provisions of the California Building Standards Code, including minimum permissible sizes for dwellings (typically 220 square feet). However, fire sprinklers shall not be required if they are not required for the primary residence. Page 7 of 19 9. Maximum Size. ADUs shall not exceed the size standards listed below: a. Attached ADUs: The maximum floor area of an attached ADU with 0-1 bedrooms shall be 850 square feet. The maximum floor area of an ADU with 2 or more bedrooms shall be 1,000 square feet. b. Detached ADUs: 1,200 square feet of floor area. C. Conversion. An ADU which is converted entirely from within a lawful existing structure is not subject to a maximum floor area requirement. The resultant primary dwelling does need not comply with the minimum floor area requirements of Municipal Code 17.210.015, although it must still comply with building standards code requirements relating to minimum floor areas. 10. Lot Coverage. In general, the lot coverage for all ADUs shall be subject to the lot coverage requirements of Section 17.210.015. However, ADUs which are 800 square feet or less are exempt from the total lot coverage calculation. 11. Setbacks. ki a. Setbacks for Converted ADUs. No setbacks are required for either: (i) those portions of ADUs that are created by converting existing living area or existing accessory structures to new ADUs; or (ii) constructing new ADUs in the same location and to the same dimensions as an existing structure. b. Setbacks for Non -Converted ADUs. For all other ADUs, there must be a minimum of four (4) feet of setbacks from side and rear lot lines and comply with all applicable front yard setbacks. C. Distance Between Structures on a Single Family Lot. For a single- family zoned lot, for any detached ADU which is new construction, there must be at least six (6) feet between the ADU and the single family dwelling and all other detached accessory structures. d. Distance Between Buildinas on a lot with Multi-Familv Zonina. For a lot in a multifamily zone, newly constructed detached ADUs must be 1W at least ten (10) feet from any other dwelling units (other than detached ADUs that are attached to each other) on the property, and at least six (6) feet from accessory structures. e. Public/Private Easements. No portion of an ADU (whether new construction or converted from existing space) may encroach into any public or private easement such as a utility easement unless the easement holder has provided written permission to construct the Page 8 of 19 ADU in the manner proposed. Roof eaves may not be eliminated to meet the easement requirements. To establish a rebuttable presumption of compliance with these easement requirements, applicants may provide to the city a written declaration, in a form acceptable to the City Attorney, affirming under penalty of perjury compliance with these requirements. 12. Open Space. a. Single Family. For lots with a single family development, there are no open space requirements for an ADU. However, if the primary dwelling requires open space for a reduced setback per Section 17.210.015, ADUs of 800 square feet or less may have such requirements reduced, as described in subsection B.4, above. b. Multifamily. For a lot which has an existing multifamily structure, there are no open space requirements for the ADU. However, all open space, lot coverage, open space standards for the primary dwelling shall apply except to the extent that such standards would prohibit up to two detached ADUs which do not exceed 800 square feet in size, which are no taller than sixteen feet in height and which comply with four foot rear and side yard setback per Section B.3. 13. Height. ADUs shall not exceed the height of 16' unless the units are within the existing space of a single-family dwelling, an accessory structure or multi -family dwelling. ADUs may be permitted on the upper floor of a newly constructed single family home. 14. Stairways. An ADU proposed within the second floor of an existing or proposed single-family dwelling shall not have exterior stairways. 15. Design requirements for new units. The exterior design features of the ADU shall be similar to and compatible with the primary dwelling. These features shall include, but are not limited to roofing material, roof design, roof pitch, exterior building finish/materials, and color. The color of the ADU shall match the color of the primary dwelling. 16. Parking. a. In addition to the required parking for the primary unit, one parking space shall be provided unless the ADU has no bedrooms (e.g., a studio), in which case no parking space is required. The required parking space may be provided as: Page 9 of 19 i. Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or ii. Within a setback area or as tandem parking unless the Director determines that parking in the setback or tandem parking is not feasible based upon specified site or regional topographical or fire and life safety conditions. b. Notwithstanding the foregoing, no parking space shall be required for an ADU if: It is located within one-half mile walking distance of public transit; ii. It is located within an architecturally and historically significant district; iii. It is part of a proposed or existing primary residence or accessory structure; iv. When on -street parking permits are required but not offered to the occupant ofthe ADU; or v. Where there is a car share vehicle located within one block of the ADU. 17. Corner Lot Driveways. Up to two driveways may be on one corner lot if the site is developed with an ADU, provided that each driveway is on different sides of the lot, and further provided that the proposed location for the driveway meets all applicable standards of the City's public works department. A second driveway may be installed regardless of whether the driveway leads to a garage. 18. Porches and Landings. a. Raised landings. Raised landings and platforms shall only lead into an exterior entryway of an ADU and shall not exceed 50 inches in depth nor more than six inches in excess of the width of the adjoining doorway. b. Porches and Patio Covers. If an unenclosed covered porch or covered area will be no more than 200 square feet, will be attached to a detached ADU, and an entrance to the ADU can be accessed through the porch/covered area, the covered porch/covered area shall not be required to meet the requirement of Municipal Code section 17.400.130.B.2.a to have at least 1,000 square feet of contiguous open space in the rear yard. Page 10 of 19 19. ADU within a New Sinale Familv Residence. a. Within Single Family Dwelling. On a lot with a proposed single-family dwelling in a residential or mixed-use zone, up to one detached ADU may be constructed, or one ADU may be constructed within the single- family residence. If an ADU is to be constructed within a new single- family dwelling, such ADU is allowed only if the single-family dwelling complies with all applicable requirements for single-family residential dwellings including lot coverage, setbacks, etc. b. Second Story. If the ADU is located on the upper floor of the new single- family dwelling, or if the ADU contains a second floor, the ADU shall also comply with all applicable requirements for single family homes including setbacks, lot coverage, etc. 20. Conversion of Structures (Including Garages). For purposes of determining whether an ADU is allowed, the development standards for lot coverage, open space, and setbacks, contained in this Title do not apply to the following units if they are within a residential or mixed-use zone. Further, such units may be on any floor of an existing structure. a. Single Family Unit. On a lot with an existing single-family dwelling in a residential or mixed-use zone, up to one ADU may be constructed within the single-family residence or within an accessory structure. Such ADU must have exterior access and side and rear setbacks sufficient for fire safety. An expansion of to one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure to accommodate access to the ADU is allowed. b. Multifamily Unit. ADUs may be constructed within those portions of existing lawful multifamily structures that are not used as livable space (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior ADUs permitted on the lot shall not 4e exceed twenty-five percent (25%) of the current number of units of the multi -family complex on the lot and at least one such unit shall be allowed. 21. Garage Conversions a. Parking. When a garage, carport, or covered parking structure is demolished for the purpose of allowing a new ADU, the off-street parking spaces do not have to be replaced. b. Demolition. No garage may be demolished without first having obtained a demolition permit. Page 11 of 19 C. Driveway. The existing driveway leading to a garage may remain. The driveway may only be removed if it is replaced with landscaping or open space, and the curb cut and driveway apron are removed and replaced with a curb and gutter which meet City standards. 22. Conversion of Existing Primary Unit. When a new, larger primary residence is proposed to be constructed, the entirety of an existing single-family dwelling may be converted to an ADU if the lot is in a single family zone and the converted structure complies with all applicable requirements of this chapter applicable to single family homes. 23. Short Term Rentals Prohibited. ADUs may not be rented for periods shorter than 31 days. 24. Separate Sale Prohibited. Except as otherwise provided by law (e.g., Government Code section 65852.26), ADUs may not be sold or otherwise conveyed separate from the primary residence. 25. Nonconforming. ADUs shall not be required to correct legal nonconforming zoning conditions as a pre -condition to obtaining authorization to construct. 26. Affordability Information (RHNA). Applicants shall provide the city with all information reasonably requested by city to allow the city to attempt to cause each ADU to qualify as "low-income" housing for purposes of the Regional Housing Needs Assessment (RHNA). C. Junior Accessory Dwelling Units. Purposes. This section provides standards for the establishment of JADUs. JADUs will typically be smaller than an ADU, will be constructed within the walls of an existing or proposed single family residence, and requires owner occupancy in the single-family residence where the unit is located. 2. Number. No more than one JADU may be on a lot. 3. Size. A JADU shall not exceed 500 square feet in size. ADUs must comply with Title 15 of the Municipal Code ("Buildings and Construction") and any other applicable provisions of the California Building Standards Code, including minimum permissible sizes for dwellings (typically 220 square feet). 4. Zone. A JADU must be within a residential or mixed-use zone. Page 12 of 19 5. Owner Occupancy: The owner of a parcel proposed for a JADU shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner -occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time. 6. Sale Prohibited. A JADU shall not be sold independently of the primary dwelling on the parcel. 7. Short term rentals. The JADU shall not be rented for periods of less than 31 days. 8. Within Residence. A JADU shall be entirely within a single-family residence. 9. Entrances/Restrooms. A JADU shall have an exterior entrance separate from the primary dwelling. However, it may share restroom facilities with the primary dwelling. Exterior entryways for JADUs shall follow the provisions for single family homes in subsection B.6 of Section 17.400.120, as that section may be amended from time to time. 10. Kitchen Requirements. The JADU shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. 11. Parking. No additional parking is required beyond that already required for the primary dwelling. VI 12. Fire Protection; Utility Service. All JADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a JADU shall not be considered a separate or new unit, unless the JADU was constructed in conjunction with a new single-family dwelling. No separate connection between the JADU and the utility shall be required for units created within a single-family dwelling, unless the JADU is being constructed in connection with a new single-family dwelling. 13. Deed Restriction. Prior to the issuance of a building permit for a JADU, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the JADU separate from the sale of the single-family residence, requires owner -occupancy consistent with subsection (5) above, does not permit rentals for periods of less than 31 days, and restricts the size and attributes of the junior dwelling unit to those that conform with this section. 14. Nonconforming. JADUs shall not be required to correct legal nonconforming zoning conditions as a pre -condition to obtaining authorization to construct. Page 13 of 19 15. Affordability Information (RHNA). Applicants shall provide the city with all information reasonably requested by city to allow the city to attempt to cause each JADU to qualify as "low-income" housing for purposes of the Regional Housing Needs Assessment (RHNA). SECTION 5. Municipal Code Section 17.515.010. The City Council confirms that Section 17.515.010 (Applicability) of Chapter 17.515 (Zoning Clearance) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is c�riLo�hrni itch): 17.515.010 Applicability A. General Applicability. Zoning Clearance shall be required in conjunction with Division review of any building or grading permit, business tax certificate (business license), or other authorization required by the WMC or this Title or for any new use or change of use. Where no other authorization is required, (e.g., Building Permit) Zoning Clearance shall be obtained from the Division before the commencement of any business or land use activity. The Director has the discretion on a case-by-case basis to determine that an application is subject to Development Review and require noticing and/or defer the action to the Commission based on criteria including traffic, parking demand, building shade, shadow, scale, design and other potential impacts. B. ADUs and JADUs. Any application for an ADU or JADU that meets the requirements of 17.400.135 shall be approved ministerially. SECTION 6. Municipal Code Section 17.520.010. The City Council confirms that Subsection C of Section 17.520.010 (Applicability) of Chapter 17.520 (Development Review) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is stFikethro g ). 17.520.010 Applicability C. Exempt from Development Review. The following projects are exempt from Development Review but are subject to Zoning Clearance except subsection (3): 1. Any construction, addition, or alteration to an individual single-family or two- family dwelling or appurtenant structure, or 2 single-family dwellings on a single parcel or an accessory dwelling unit or junior accessory dwelling unit. SECTION 7. Municipal Code Section 17.700.010. The City Council confirms that the definition of "accessory dwelling unit" in Section 17.700.010 (Definitions of Specialized Terms and Phrases) of Chapter 17.700 (Definitions of Specialized Terms) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as Page 14 of 19 compared to the law before Ordinance 2563 was enacted is underlined and removed text is strikethre-ug ): 17.700.010 Definitions of Specialized Terms and Phrases SECTION 8. Municipal Code Section 3.62.040. Section 3.62.040 of the Municipal Code (Parks and recreation mitigation requirement) is revised as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is strikethre- g ): 3.62.040 Parks and recreation mitigation requirement Except as provided in Section 3.62.050, the developer of a project shall pay a parks and recreation development impact fee in accordance with the following: A. Parks and Recreation Development Impact Fee. Fees shall be computed as follows - 1 . ollows: 1. For single-family residential development projects that result in the addition of a dwelling unit: a. $13,760 per single-family dwelling unit. (This amount is updated annually per section 3.62.080). b. For an accessory dwellina unit on a sinale-familv aroaerty. the maximum fee allowed by law, but in no event more than the amount authorized by subsection A.1.a. above. See California Government Code 65852.2(f). 2. For multi -family residential development projects that result in the addition of a dwelling unit: a. $10,158 per multi -family dwelling unit. (This amount is updated annually per section 3.62.080). Page 15 of 19 b. For an accessory dwelling unit on a multi -family property, the maximum fee allowed by law, but in no event more than the amount authorized by subsection A.2.a. See California Government Code � 65852.2(f). 3. The land use categories identified in subsections (A)(1) and (A)(2) of this section shall have the following meanings: a. Single-family residential shall include single-family. b. Multi -family residential shall include: senior housing and multi -family. 4. The amount of legally permitted dwelling unit(s) to be demolished in an existing building or structure as a part of a project shall be a credit in the calculation of the parks and recreation development impact fee. B. Timing of Fee Payment. 1. The project applicant shall pay fees according to the schedule of fees in place on the date the fees are paid, except that the applicant for a vesting tentative map for a development project shall pay the fees in effect on the date the application for the vesting tentative map is deemed complete, as automatically adjusted. 2. No building permit for any project shall be issued unless the fees have been paid, except where state law requires payment before final inspection or the issuance of certificate of occupancy, whichever comes first. If state law applies, a contract to pay the fees shall be executed with the city, in which case, no final inspection shall be approved until the fees have been paid. If a residential development project contains more than one dwelling unit and is approved for development in phases, the developer shall pay the fees in installments based on the phasing of the residential development project. Each fee installment shall be paid at the time when the first dwelling unit within each phase of development is ready to be issued a building permit. SECTION 9. Reaffirming Chapter 3.62 The City Council affirms the applicability of all of Municipal Code Chapter 3.62 to this ordinance, including sections 3.62.100 and 3.62.110, which provide: 3.62.100 Fee revisions by resolution. The amount of the parks and recreation development impact fees and the formula for the automatic annual adjustment established by this chapter may be reviewed and revised periodically by resolution of the city council. This chapter shall be considered enabling and directive in this regard. Page 16 of 19 3.62.110 Regulations. The city manager, or designee, is authorized to adopt written administrative regulations or guidelines that are consistent with and that further the terms and requirements set forth within this chapter. SECTION 10. Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") under Public Resources Code § 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines §§ 15282(h) [statutory exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to land]. This ordinance is also exempt under CEQA Guidelines section 15061, because this ordinance will not have a significant effect on the environment, because ADUs will largely constitute infill housing which is exempt from CEQA. SECTION 11. Inconsistencies. Any provision of this ordinance which is inconsistent with state law shall be interpreted in a manner to be consistent with state law. If any provision of the Westminster Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. This applies specifically to Urgency Ordinance 2563 as this Ordinance is intended to repeal such ordinance, and to cause this ordinance to apply in its place to the extent that there are any differences between this ordinance and the Urgency Ordinance. SECTION 12. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Westminster hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 13. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. SECTION 14. Transmit Ordinance to HCD. The City Clerk is directed to send a copy of this ordinance to the Department of Housing and Community Development within 60 days of the adoption of this ordinance. SECTION 15. Processing Existing Applications. For applications which involve ADUs and/or JADUs which were officially submitted to the City as of the effective date of this ordinance (i.e., city staff issued a building permit number or case number), the portions of the applications that apply to ADUs and JADUs shall be processed subject to Page 17 of 19 the requirements of this ordinance. All other applications which involve ADUs and/or JADUs shall be processed pursuant to the requirements of Urgency Ordinance No. 2563. SECTION 16. The City Clerk shall certify to the passage and adoption of this ordinance and cause the same to be published in the manner required by law. This ordinance shall become effective thirty (30) days from and after its passage. Approved for introduction at a regular meeting on the 24th day of March 2021 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: PASSED, APPROVED, AND ADOPTED this 10, following vote: '11W AYES: NOES: ABSENT ATTEST: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: CHRISTINE CORDON, CITY CLERK APPROVED AS TO FORM: .h' A&# I a� TRI TA, MAYOR �F th day of RICHARD D. JONES, CITY ATTORNEY Page 18 of 19 2021 by the STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF WESTMINSTER ) I, CHRISTINE CORDON, City Clerk of Westminster, do hereby certify that the foregoing ordinance was introduced on the 24th day of March 2021, was regularly adopted at a meeting thereof on the 24th day of March 2021 and was published/posted pursuant to law. Christine Cordon, City Clerk I OF C� Page 19 of 19 A '0460 "Wr ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER TO AUTHORIZE ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS AND RELATED PARK FEES WHEREAS, effective January 1, 2020 multiple new housing bills relating to accessory dwelling units (ADUs) became law, including AB 68, AB 881, SB 13, AB 587, and AB 670; and WHEREAS, effective January 1, 2021, a new bill relating to ADUs, AB 3182, became effective law; and WHEREAS, municipal regulations which are inconsistent with state law may be preempted; and WHEREAS, to preserve what limited authority the City has remaining to regulate ADUs, it is desirable that the City update its laws; WHEREAS, the city previously adopted Ordinance 2563 on an urgency basis to cause various revisions to the municipal code; WHEREAS, the city intends the revisions caused by Ordinance 2563 to remain in place except as stated in this ordinance; imm,, THE CITY COUNCIL OF THE CITY OF WESTMINSTER does ordain as follows: SECTION 1: General Plan Consistency. Pursuant to Section 17.620.030 of the Westminster Municipal Code, the Mayor and City Council approve a Zone Text Amendment (Case No. 2021-0026) related to accessory dwelling units, based upon the following findings: 1. The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan and will not create any inconsistencies with this Title, in the case of a Zoning Code amendment; The Zoning Text Amendment conforms to the City's General Plan because it facilitates the construction of ADUs (subject to limitations in terms of size, height, location, design, and parking standards) as a source of housing consistent with goals and policies of the General Plan Housing Element. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; Page 1 of 20 The proposed amendment, consistent with Government Code Section 65852.2 and 65852.22, ensures the character of the City's residential neighborhoods is preserved to the maximum extent possible. The new standards establish regulations upon height, size, location, and parking; which will ensure that ADUs will not create negative impacts and will be in harmony with the character of the community. 3. The proposed amendment is in compliance with the provisions of CEQA. Pursuant to the California Environmental Quality Act (CEQA) and the City's CEQA guidelines, the project has been determined to be exempt from CEQA per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which state the adoption of an ordinance regarding second dwelling units (ADUs) to implement the provision of Section 65852.2 of the Government Code are exempt from the requirements of CEQA. SECTION 2. Municipal Code Section 17.210.010. The City Council confirms that Section 17.210.010 (Residential Zoning District Land Uses and Permit Requirements) of Chapter 17.210 (Residential Zoning Districts) of Title 17 of the Westminster Municipal Code be amended as follows (new text, as compared to the law before Ordinance 2563 was enacted is underlined and removed text is strikethre irvh): 17.210.010 Residential Zoning District Land Us s and Permit Requirements Table 2-2 Permitted Uses and Permit Requirements For Residential Zoning Districts 0 Permit Requirements Land User by District See Specific Use Regulations RI I R2 I R3 I R4 I R54 Residential Accessory dwelling units and junior accessory dwelling units (in P P P P P Section conjunction with a single-family 17.400.135 or multifamily residence) SECTION 3. Municipal Code Section 17.400.120. The City Council confirms that Section 17.400.120 (Residential Uses--Single-Family Residential) of Chapter 17.400 (Standards for Specific Land Uses and Accessory Uses) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is striLo+hrni 1nh). Page 2 of 20 A. Purpose and Intent. The purpose of this Section is to provide general development standards for single-family residences in any residential district unless noted otherwise. B. Development Standards. A single-family dwelling unit and any expansion of such unit shall comply with the following criteria. The Director may require recordation of a covenant stipulating the conditions of approval for any project approved hereunder, whenever, in the judgment of the Director, such a covenant is necessary to provide constructive notice to any successor in interest on the subject property as to the nature of the approval conferred hereunder. 1. The design of an addition shall be consistent with the design of the surrounding neighborhood and shall be compatible with the materials, color palette, architectural theme, and roof pitch of the existing dwelling unit. 2. Common interior access to all living, sleeping, eating, and food preparation areas shall be provided through common use areas or a common hallway, and the dwelling unit, including any additions, shall function as a single-family dwelling. No addition or modification to a single-family dwelling shall be permitted that facilitates subdividing the interior of the dwelling unit into separate areas that may be used as independent living space, or that subverts or violates the R1 zoning district regulations when a project is within an R1 district. 3. The second floor of the house shall not have a kitchen, a wet bar or the utilities available to facilitate the installation of kitchen facilities unless a second kitchen is approved pursuant to Section 17.400.135, Residential Uses— Accessory Dwellina Units. 4.3- Each single-family dwelling shall have no more than one kitchen unless a second kitchen is approved pursuant to Section 17.400.135, Residential Uses—Accessory Dwelling Units. 5. 4– Three enclosed garage spaces with minimum interior dimensions of 10 feet by 20 feet each and 3 open parking spaces with minimum dimensions of 9 feet by 19 feet each shall be provided if a single-family dwelling has 5 or more bedrooms, or rooms which by the virtue of their design, location, and means of access within the dwelling can reasonably be used primarily for sleeping purposes without structural modifications. 6. �5-. An exterior door from a bedroom shall not be permitted except under the following conditions: a. Installation of the exterior bedroom door shall not facilitate subdivision of the interior of the dwelling unit into smaller, independent separate living or dwelling units. b. The door shall be decorative in nature and the area of the door shall be at least 50 percent translucent, such as a sliding glass door or French doors. c. The door shall provide access to an improved landscaped or recreational area, such as a garden, spa, or patio, in the rear or side yard. Page 3 of 20 If the exterior bedroom door opens onto a side yard, the side yard shall have a minimum dimension of 10 feet. 7.6-. If a wet bar is proposed, it shall be located in a common living space, such as a family room or living room, with open access to other areas of the home provided that the portion of the home containing the wet bar can comply with the standard outlined in Section 17.400.130.B.3. 8.7-. Exterior stairs to the second floor or balcony of a single-family dwelling shall not be permitted except under the following conditions: a. Installation of the staircase shall not facilitate subdivision of the interior of the dwelling unit into smaller, independent living spaces or dwelling units including accessory dwelling units and junior accessory dwelling units. b. The exterior door leading to the second -floor landing of the staircase shall be decorative in nature and the area of the door shall be at least 50 percent translucent, such �a�,sasliding glass door or French doors. ch�Et�e i-Ft,. hp, cu.,c1;n l I n n4 h o io a-kTcGhen--cnr�v°Pc r n r s;o�o Tityr e�—risnr ,ved ri,r6inn4 fn eGt1nn 1 7 —.inn 'I Zti C?ocirJon I �rt+aT Icor Annoccnni [Dwelling I In s cd. The staircase shall provide access from the second floor to an improved landscaped or recreational area, such as a garden, spa, or patio. de. The interior staircase of the dwelling shall be retained and shall be utilized as the primary means of access to the second floor of the dwelling. ef. A deed restriction stipulating compliance with the above conditions shall be recorded on property in all cases where a second floor exterior staircase is approved. 9. � Each single-family dwelling shall provide an enclosed 2 -car garage having a minimum interior dimension of 20 feet in width and 20 feet in depth, unless otherwise required by Section 17.400.120.B.4. A garage may have windows and may be finished with drywall provided that the garage shall not be used for habitable space and shall be available for storage of automobiles. The maximum size of a detached 2 -car garage shall be 550 square feet, and the maximum size for a 3 -car detached garage shall be 750 square feet. If the accessory dwelling unit's required parking space will be provided in a garage, the garage space for that parking space is exempt from the total maximum. Detached garages exceeding the established maximum size and attached garages exceeding 800 square feet in area are subject to an Administrative Use Permit, Chapter 17.550. SECTION 4. Municipal Code Section 17.400.135. The text of Municipal Code Section 17.400.135, entitled "Residential Uses—Accessory Dwelling Units" is deleted and replaced with the following: Page 4 of 20 A. Accessory dwelling units and junior accessory dwelling units —Purpose, definitions, general plan consistency. 1. Purpose. The intent of this Section is to ensure that ADUs and JADUs remain as an accessory use to a single-family residence, and multi -family residences, that the parcels are organized to accommodate an ADU and/or JADU, and that such dwelling units do not adversely impact surrounding residents or the community. 2. Definitions. For purposes of this section 17.400.135: a. "Accessory dwelling unit" has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. b. "ADU" means an accessory dwelling unit. c. "Attached ADU" means an ADU, other than a converted ADU, that is physically attached to a primary dwelling. This includes an ADU that is created by converting an existing part of the primary dwelling and expanding the dwelling to create a new unit. d. "Converted ADU" means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within all ora portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, and storage areas. e. "Detached ADU" means an ADU that is physically separated from, but located on the same lot as, a primary dwelling structure. f. Existing." A structure is "existing" if it was legally constructed and the construction has passed all required final inspections. g. JADU" means a junior accessory dwelling unit. h. "Junior accessory dwelling unit" shall have same meaning as that stated in Government Code section 65852.22(h)(1) as that section may be amended time to time. i. "Passageway" has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. j. "Public transit", has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. k. "Tandem parking" has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. Page 5 of 20 3. General Plan Consistency. In adopting these standards, the City recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The City finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to ADUs, and that the amendment furthers the goals, objectives, and policies of the general plan housing element. B. Accessory dwelling units—Development standards. r 1. Residential Zone. Except as otherwise provided, ADUs shall conform to the development standards of the underlying zone, and are only permitted in zones that allow for residential development. 2. Location of ADUs. An ADU shall only be allowed on a lot within the City that contains or will be developed with a legal, single-family or multiple - family residence. 3. Number of ADUs per lot. a. For lots with an existing or proposed single-family dwelling, one ADU may be on the lot. �k b. For lots with an existing multi -family residential dwelling: No more than twenty-five percent (25%) of the number of the existing units, but at least one (1) unit, shall be permitted as ADUs constructed within the non -livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; and ii. Up to two (2) detached accessory units c. For lots without an existing multi -family residential structure where anew multi -family residential structure is proposed, up to two (2) detached ADUs may be on the lot, provided that: i. each ADUs complies with the development standards for ADUs in this subsection B (Accessory dwelling units – Development Standards); ii. the property complies with all development standards applicable to multi -family dwellings in the underlying zoning district including, but not limited to, lot coverage, open space, parking, and landscaping requirements; and Page 6 of 20 iii. The property is not relying on any exception within B.4 (for units of 800 square feet or less), listed immediately below. 4. ADUs of 800 square feet or less. All development standards (including setbacks, lot coverage, open space, and landscaping requirements) are reduced solely to the extent necessary to allow either of the following: a. On a lot with a proposed or existing single family dwelling, one attached or detached ADU that is 800 square feet or less, with a height not exceeding sixteen (16) feet, with setbacks of at least four (4) feet from the side and rear yards and complies with applicable front yard setbacks. b. On a lot with an existing multi -family dwelling, up to two (2) detached ADUs that are 800 square feet or less and which have a height not exceeding (16) feet, and which comply with setbacks of at least four feet from the side and rear yards, and which comply with front yard setbacks. 5. Separate Entrances. An ADU shall have a main entrance separate from the primary home. 6 W-Hmhor of Rerlrnnmc 4n ADU magi net have more than fear (4) hedrnnmc [Reserved] 7. Park Fees. Applicants shall pay all appIicabOdevelo ment impact fees if any (See Section 3.62.040, "Parks and recreation mitigation requirement"). 8. City/public utilities. IV a. All ADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For example, if required by the building standards code, dwelling units that are proposed to be installed on a property with only septic tanks are prohibited. b. Except for ADUs created solely by converting an existing single family dwelling or a single-family accessory structure, the city may require a separate utility connection. 9. Building Code / Minimum Size. All new ADUs must comply with Title 15 of the Municipal Code ("Buildings and Construction") and any other applicable provisions of the California Building Standards Code, including minimum permissible sizes for dwellings (typically 220 square feet). However, fire sprinklers shall not be required if they are not required for the primary residence. Page 7 of 20 10. Maximum Size. ADUs shall not exceed the size standards listed below: a. Attached ADUs: The maximum floor area of an attached ADU with 0-1 bedrooms shall be 850 square feetT200 sgre fee of the IiViRg ���+� PFOMaFy dWe";, iGheVeF 06 gFeateF. The maximum floor area of an ADU with 2 or more bedrooms shall be 1.000 sauare feet. b. Detached ADUs: 1,200 square feet of floor area. C. Conversion. An ADU which is converted entirely from within a lawful existing structure is not subject to a maximum floor area requirement. The resultant primary dwelling does need not comply with the minimum floor area requirements of Municipal Code 17.210.015, although it must still comply with building standards code requirements relating to minimum floor areas. 11. Lot Coverage. In general, the lot coverage for all ADUs shall be subject to the lot coverage requirements of Section 17.210.015. However, ADUs which are 800 square feet or less are exempt from the total lot coverage calculation. 12. Setbacks. a. Setbacks for Converted ADUs. No setbacks are required for either: (i) those portions of ADUs that are created by converting existing living area or existing accessory structures to new ADUs; or (ii) constructing ,new ADUs in the same location and to the same dimensions as an existing structure. b. Setbacks for Non -Converted ADUs. For all other ADUs, there must be a minimum of four (4) feet of setbacks from side and rear lot lines and comply with all applicable front yard setbacks. C. Distance Between Structures on a Single Family Lot. For a single- family zoned lot, for any detached ADU which is new construction, there must be at least six (6) feet between the ADU and the single family dwelling and all other detached accessory structures. d. Distance Between Buildings on a lot with Multi -Family Zoning. For a lot in a multifamily zone, newly constructed detached ADUs must be at least ten (10) feet from any other dwelling units (other than detached ADUs that are attached to each other) on the property, and at least six (6) feet from accessory structures. e. Public/Private Easements. No portion of an ADU (whether new construction or converted from existing space) may encroach into Page 8 of 20 any public or private easement such as a utility easement unless the easement holder has provided written permission to construct the ADU in the manner proposed. Roof eaves may not be eliminated to meet the easement requirements. To establish a rebuttable presumption of compliance with these easement requirements, applicants may provide to the city a written declaration, in a form acceptable to the City Attorney, affirming under penalty of perjury compliance with these requirements. 13. Open Space. a. Single Family. For lots with a single family development, there are no open space requirements for an ADU. However, if the primary dwelling requires open space for a reduced setback per Section 17.210.015, ADUs of 800 square feet or less may have such requirements reduced, as described in subsection B.4, above. b. Multifamily. For a lot which has an existing multifamily structure, there are no open space requirements for the ADU. However, all open space, lot coverage, open space standards for the primary dwelling shall apply except to the extent that such standards would prohibit up to two detached ADUs which do not exceed 800 square feet in size, which are no taller than sixteen feet in height and which comply with four foot rear and side yard setback per Section B.3. 14. Height. ADUs shall not exceed the height of 16' unless the units are within the existing space of a single-family dwelling, an accessory structure or multi -family dwelling. ADUs may be permitted on the upper floor of a newly constructed single family home. 15. Stairways. An ADU proposed within the second floor of an existing or proposed single-family dwelling shall not have exterior stairways. 16. Design requirements for new units. The exterior design features of the ADU shall be similar to and compatible with the primary dwelling. These features shall include, but are not limited to roofing material, roof design, roof pitch, exterior building finish/materials, and color. The color of the ADU shall match the color of the primary dwelling. 17. Parking. a. In addition to the required parking for the primary unit, one parking space shall be provided unless the ADU has no bedrooms (e.g., a studio), in which case no parking space is required. The required parking space may be provided as: Page 9 of 20 i. Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or ii. Within a setback area or as tandem parking unless the Director determines that parking in the setback or tandem parking is not feasible based upon specified site or regional topographical or fire and life safety conditions. b. Notwithstanding the foregoing, no parking space shall be required for an ADU if: It is located within one-half mile walking distance of public transit; ii. It is located within an architecturally anti historically significant district; iii. It is part of a proposed or existing primary residence or accessory structure; iv. When on -street parking permits are required but not offered to the occupant ofthe ADU; or v. Where there is a car share vehicle located within one block of the ADU. 18. Corner Lot Driveways. Up to two driveways may be on one corner lot if the site is developed with an ADU, provided that each driveway is on different sides of the lot, and further provided that the proposed location for the driveway meets all applicable standards of the City's public works department. A second driveway may be installed regardless of whether the driveway leads to a garage. 19. Porches and Landings. a. Raised landings. Raised landings and platforms shall only lead into an exterior entryway of an ADU and shall not exceed 50 inches in depth nor more than six inches in excess of the width of the adjoining doorway. b. Porches and Patio Covers. If an unenclosed covered porch or covered area will be no more than 200 square feet, will be attached to a detached ADU, and an entrance to the ADU can be accessed through the porch/covered area, the covered porch/covered area shall not be required to meet the requirement of Municipal Code section 17.400.130.B.2.a to have at least 1,000 square feet of contiguous open space in the rear yard. Page 10 of 20 20. ADU within a New Single Family Residence. a. Within Single Family Dwelling. On a lot with a proposed single-family dwelling in a residential or mixed-use zone, up to one detached ADU may be constructed, or one ADU may be constructed within the single- family residence. If an ADU is to be constructed within a new single- family dwelling, such ADU is allowed only if the single-family dwelling complies with all applicable requirements for single-family residential dwellings including lot coverage, setbacks, etc. b. Second Story. If the ADU is located on the upper floor of the new single- family dwelling, or if the ADU contains a second floor, the ADU shall also comply with all applicable requirements for single family homes including setbacks, lot coverage, etc. 21. Conversion of Structures (Including Garages). For purposes of determining whether an ADU is allowed, the development standards for lot coverage, open space, and setbacks, contained in this Title do not apply to the following units if they are within a residential or mixed-use zone. Further, such units may be on any flooI f an existing structure. a. Single Family Unit. On a lot with an existing single-family dwelling in a residential or mixed-use zone, up to one ADU may be constructed within the single-family residence or within an accessory structure. Such ADU must have exterior access and side and rear setbacks sufficient for fire safety. An expansion of to one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure to accommodate access to the ADU is allowed. b. Multifamily Unit. ADUs may be constructed within those portions of existing lawful multifamily structures that are not used as livable space (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior ADUs permitted on the lot shall not exceed twenty-five percent (25%) of the current number of units of the multi -family complex on the lot and at least one such unit shall be allowed. 22. Garage Conversions a. Parking. When a garage, carport, or covered parking structure is demolished for the purpose of allowing a new ADU, the off-street parking spaces do not have to be replaced. b. Demolition. No garage may be demolished without first having obtained a demolition permit. Page 11 of 20 C. Driveway. The existing driveway leading to a garage may remain. The driveway may only be removed if it is replaced with landscaping or open space, and the curb cut and driveway apron are removed and replaced with a curb and gutter which meet City standards. 23. Conversion of Existing Primary Unit. When a new, larger primary residence is proposed to be constructed, the entirety of an existing single-family dwelling may be converted to an ADU if the lot is in a single family zone and the converted structure complies with all applicable requirements of this chapter applicable to single family homes. 24. Short Term Rentals Prohibited. ADUs may not be rented for periods shorter than 31 days. 25. Separate Sale Prohibited. Except as otherwise provided by lavv7e.g., Government Code section 65852.26), ADUs may not be sold or otherwise conveyed separate from the primary residence. 26. Nonconforming. ADUs shall not be required to correct legal nonconforming zoning conditions as a pre -condition to obtaining authorization to construct. i 27. Affordability Information (RHNA). Applicants shall provide the city with all information reasonably requested by city to allow the city to attempt to cause each ADU to qualify as "low-income" housing for purposes of the Regional Housing Needs Assessment (RHNA). C. Junior Accessory Dwelling Units. IM Purposes. This section provides standards for the establishment of JADUs. JADUs will typically be smaller than an ADU, will be constructed within the walls of an existing or proposed single family residence, and requires owner occupancy in the single-family residence where the unit is located. 2. Number. No more than one JADU may be on a lot. 3. Size. A JADU shall not exceed 500 square feet in size. ADUs must comply with Title 15 of the Municipal Code ("Buildings and Construction") and any other applicable provisions of the California Building Standards Code, including minimum permissible sizes for dwellings (typically 220 square feet). 4. Zone. A JADU must be within a residential or mixed-use zone. Page 12 of 20 5. Owner Occupancy: The owner of a parcel proposed for a JADU shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner -occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time. 6. Sale Prohibited. A JADU shall not be sold independently of the primary dwelling on the parcel. 7. Short term rentals. The JADU shall not be rented for periods of less than 31 days. 8. Within Residence 4°++�^"��' ^r^rye. A JADU shall be entirely within either a single-family residence ^r aR eXiStiRg attaGhed garage . .■ -- - - - -. 10. Entrances/Restrooms. A JADU shall have an exterior entrance separate from the primary dwelling. However, it may share restroom facilities with the primary dwelling. Exterior entryways for JADUs shall follow the provisions for single family homes in subsection B.6 of Section 17.400.120, as that section may be amended from time to time. 11. Kitchen Requirements. The JADU shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. 12. Parking. No additional parking is required beyond that already required for the primary dwelling. 13. Fire Protection; Utility Service. All JADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a JADU shall not be considered a separate or new unit, unless the JADU was constructed in conjunction with a new single-family dwelling. No separate connection between the JADU and the utility shall be required for units created within a single-family dwelling, unless the JADU is being constructed in connection with a new single-family dwelling. 14. Deed Restriction. Prior to the issuance of a building permit for a JADU, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the JADU separate from the sale of the single-family residence, requires owner -occupancy consistent with subsection (5) above, does not permit rentals for periods of less than 31 days, and restricts the size and attributes of the junior dwelling unit to those that conform with this section. Page 13 of 20 15. Nonconforming. JADUs shall not be required to correct legal nonconforming zoning conditions as a pre -condition to obtaining authorization to construct. 16. Affordability Information (RHNA). Applicants shall provide the city with all information reasonably requested by city to allow the city to attempt to cause each JADU to qualify as "low-income" housing for purposes of the Regional Housing Needs Assessment (RHNA). SECTION 5. Municipal Code Section 17.515.010. The City Council confirms that Section 17.515.010 (Applicability) of Chapter 17.515 (Zoning Clearance) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is ctriUothrni irrh): 17.515.010 Applicability A. General Applicability. Zoning Clearance shall be required in conjunction with Division review of any building or grading permit, business tax certificate (business license), or other authorization required by the WMC or this Title or for any new use or change of use. Where no other authorization is required, (e.g., Building Permit) Zoning Clearance shall be obtained from the Division before the commencement of any business or land use activity. The Director has the discretion on a case-by-case basis to determine that an application is subject to Development Review and require noticing and/or defer the action to the Commission based on criteria including traffic, parking demand, building shade, shadow, scale, design and other potential impacts. B. ADUs and JADUs. Any application for an ADU or JADU that meets the reauirements of 17.400.135 shall be arwroved ministeriallv. SECTION 6. Municipal Code Section 17.520.010. The City Council confirms that Subsection C of Section 17.520.010 (Applicability) of Chapter 17.520 (Development Review) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is strikethrG g ): 17.520.010 Applicability C. Exempt from Development Review. The following projects are exempt from Development Review but are subject to Zoning Clearance except subsection (3): 1. Any construction, addition, or alteration to an individual single-family or two- family dwelling or appurtenant structure, or 2 single-family dwellings on a single parcel or an accessory dwelling unit or junior accessory dwelling unit. Page 14 of 20 SECTION 7. Municipal Code Section 17.700.010. The City Council confirms that the definition of "accessory dwelling unit" in Section 17.700.010 (Definitions of Specialized Terms and Phrases) of Chapter 17.700 (Definitions of Specialized Terms) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is ctrokethre g ). 17.700.010 Definitions of Specialized Terms and Phrases Accessory Dwelling Unit. See Government Code section 65852.2 SECTION 8. Municipal Code Section 3.62.040. Section 3.62.040 of the Municipal Code (Parks and recreation mitigation requirement) is revised as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is strikethreu@I ): 3.62.040 Parks and recreation mitigation requirement Except as provided in Section 3.62.050, the developer of a project shall pay a parks and recreatio elopment impact fee in accordance with the following: A. arks a Recreation Development Impact Fee. Fees shall be computed as follows- 1. ollows: 1. For single-family residential development projects that result in the addition of a dwelling unit: a. $13,760 per single-family dwelling unit. (This amount is updated annually per section 3.62.080). b. For an accessory dwelling unit on a single-family property, the maximum fee allowed by law, but in no event more than the amount authorized by subsection A.1.a, above. See California Government Code § 65852.2(f). Page 15 of 20 ._ _ SECTION 8. Municipal Code Section 3.62.040. Section 3.62.040 of the Municipal Code (Parks and recreation mitigation requirement) is revised as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is strikethreu@I ): 3.62.040 Parks and recreation mitigation requirement Except as provided in Section 3.62.050, the developer of a project shall pay a parks and recreatio elopment impact fee in accordance with the following: A. arks a Recreation Development Impact Fee. Fees shall be computed as follows- 1. ollows: 1. For single-family residential development projects that result in the addition of a dwelling unit: a. $13,760 per single-family dwelling unit. (This amount is updated annually per section 3.62.080). b. For an accessory dwelling unit on a single-family property, the maximum fee allowed by law, but in no event more than the amount authorized by subsection A.1.a, above. See California Government Code § 65852.2(f). Page 15 of 20 2. For multi -family residential development projects that result in the addition of a dwelling unit: a. $10,158 per multi -family dwelling unit. (This amount is updated annually per section 3.62.080). b. For an accessory dwelling unit on a multi -family property, the maximum fee allowed by law, but in no event more than the amount authorized by subsection A.2.a. See California Government Code § 65852.2(f). 3. The land use categories identified in subsections (A)(1) and (A)(2) of this section shall have the following meanings: a. Single-family residential shall include single-family. b. Multi -family residential shall include: senior housing and multi -family. 4. The amount of legally permitted dwelling unit(s) to be demolished in an existing building or structure as a part of a project shall be a credit in the calculation of the parks and recreation development impact fee. B. Timing of Fee Payment. 1. The project applicant shall pay according to the schedule of fees in place on the date the fees are paid, except that the applicant for a vesting tentative map for a development project shall pay the fees in effect on the date the application for the vesting tentative map is deemed complete, as automatically adjusted. V 2. No building permit for any project shall be issued unless the fees have been paid, except where state law requires payment before final inspection or the issuance of certificate of occupancy, whichever comes first. If state law applies, a contract to pay the fees shall be executed with the city, in which case, no final inspection shall be approved until the fees have been paid. If a residential development project contains more than one dwelling unit and is approved for development in phases, the developer shall pay the fees in installments based on the phasing of the residential development project. Each fee installment shall be paid at the time when the first dwelling unit within each phase of development is ready to be issued a building permit. SECTION 9. Reaffirming Chapter 3.62 The City Council affirms the applicability of all of Municipal Code Chapter 3.62 to this ordinance, including sections 3.62.100 and 3.62.110, which provide: Page 16 of 20 3.62.100 Fee revisions by resolution. The amount of the parks and recreation development impact fees and the formula for the automatic annual adjustment established by this chapter may be reviewed and revised periodically by resolution of the city council. This chapter shall be considered enabling and directive in this regard. 3.62.110 Regulations. The city manager, or designee, is authorized to adopt written administrative regulations or guidelines that are consistent with and that further the terms and requirements set forth within this chapter. SECTION 10. Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") under Public Resources Code § 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines §§ 15282(h) [statutory exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to land]. This ordinance is also exempt under CEQA Guidelines section 15061, because this ordinance will not have a significant effect on the environment, because ADUs will largely constitute infill housing which is exempt from CEQA. SECTION 11. Inconsistencies. Any provision of this ordinance which is be interpreted in a manner to be consistent with state law. If any provision of the Westminster Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. This applies specifically to Urgency Ordinance 2563 as this Ordinance is intended to repeal such ordinance, and to cause this ordinance to apply in its place to the extent that there are any differences between this ordinance and the Urgency QEdip ance. PECMT%IO12. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Westminster hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. inconsistent with state law shall SECTION 13. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Page 17 of 20 SECTION 14. Transmit Ordinance to HCD. The City Clerk is directed to send a copy of this ordinance to the Department of Housing and Community Development within 60 days of the adoption of this ordinance. SECTION 15. Processing Existing Applications. For applications which involve ADUs and/or JADUs which were officially submitted to the City as of the effective date of this ordinance (i.e., city staff issued a building permit number or case number), the portions of the applications that apply to ADUs and JADUs shall be processed subject to the requirements of this ordinance. All other applications which involve ADUs and/or JADUs shall be processed pursuant to the requirements of Urgency Ordinance No. 2563. IV SECTION 16. The City Clerk shall certify to the pVs ge and adoption of this ordinance and cause the same to be published in the manner required by law. This ordinance shall become effective thirty (30) days from and after its passage. Approved for introduction at a regular meeting on the 24th day of March 2021 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: PASSED, APPROVED, AND ADOPTED this th day of 2021 by the following vote: AYES: NOES: ABSENT ATTEST: T COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: E CHRISTINE CORDON, CITY CLERK APPROVED AS TO FORM: TRI TA, MAYOR Page 18 of 20 RICHARD D. JONES, CITY ATTORNEY Page 19 of 20 '1* STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF WESTMINSTER ) I, CHRISTINE CORDON, City Clerk of Westminster, do hereby certify that the foregoing ordinance was introduced on the 24th day of March 2021, was regularly adopted at a meeting thereof on the 24th day of March 2021 and was published/posted pursuant to law. Christine Cordon, City Clerk Page 20 of 20 Comparison Chart of Accessory Dwelling Unit (ADU) Standards Urgency Ordinance No. 2563 and Proposed Permanent Ordinance Standards Type Urgency Ordinance Standards Proposed Permanent OrdinanceRequirement .. . Planning Commission Recommendation) Definitions: Contains Definitions for: Added Definitions, Including the but not limited to:: • "Accessory Dwelling Unit' • "Junior Accessory Dwelling Unit' • "Attached ADU" • "Detached ADU" • "Converted ADU • "Existing" Maximum Size Requirements: Attached ADUs: Attached ADUs: The maximum size of an ADU shall be The maximum floor area of an attached ADU with 0-1 bedrooms shall be 850 1) The higher of: square feet. The maximum floor area of • 850 sq. ft. for 0-1 bedrooms an ADU with 2 or more bedrooms shall • 1000 sq. ft. for 2 bedrooms or be 1,000 square feet. • 50% of the existing primary dwelling 2) Must allow at least an 800 sq. ft. ADU regardless of restrictions due Requirement Type Urgency Ordinance Standards Proposed Permanent Ordinance Standards Planning Commission Recommendation) to zoning standards such as lot coverage, open space. Detached ADUs: Detached ADUs: The maximum size of a detached ADU 1200 square feet of floor area. shall be • 850 sq. ft. for 0-1 bedroom • 1,000 square feet for 2 bedroom units. • Must allow at least an 800 sq. ft. ADU regardless of restrictions due to standards such as lot coverage, open space Garage Conversion for JADUs JADUs may not be created from within a JADUs may not be created from within a garage. garage. Number of Bedrooms Maximum two (2) bedrooms No bedroom limits. Number of ADUs For lots with a Proposed or Existing Same as Urgency Ordinance. However, Single -Family Dwelling: the following is added to include ADUs in new multi -family development. One ADU and one JADU Requirement Type Urgency Ordinance Standards Proposed Permanent Ordinance Standards Planning Commission Recommendation) For Lots With An Existing Multi -Family For new multi -family development, up to Residential Dwellings: two (2) detached ADUs may be on the lot. At least one but no more than 25% of the number of the existing units, but at least The ADUs must meet ADU requirements one (1) unit shall be permitted as ADUs and the property shall comply with all the constructed within non -livable space. development standards applicable to multi -family development in the No more than two (2) detached underlying zoning district. accessory dwelling units. Setback All other ADUs, there must be a minimum ADUs shall meet four (4) foot interior or of four (4) foot setbacks from the interior street side yard setbacks. The ten (10) side and rear lot lines and comply with all foot street side yard setback is no longer applicable front and street side yard required. setbacks (minimum ten (10) feet for street side yard). Also, the followinq has been added to clarify code: For development in single family zones, ADU must be six (6) feet to primary dwelling and all other detached accessory structures. Requirement Type Urgency Ordinance Standards Proposed Permanent Ordinance Standards Planning Commission Recommendation) For development in multi -family zones, ADU must be ten (10) feet to dwelling units and six (6) feet to other accessory structures. Height Accessory dwelling units shall not exceed An ADU shall not exceed sixteen (16') the height of sixteen (16) feet unless the feet in height unless the units are within units are within the existing space of a the existing space of a single-family single-family dwelling, an accessory dwelling, an accessory structure or multi - structure or multi -family dwelling family dwelling. ADUs may be permitted structure. on the upper floor of a newly constructed single family home. Corner Lot Driveways Not Addressed in Urgency Ordinance For a corner lot developed with an ADU, up to two driveways are permitted Driveways are only permitted if it provides provided that each driveway is on access into a garage per the City's different sides of the lot. The 2nd Municipal Code. driveway does not have to provide access into a garage. Requirement Type Urgency Ordinance Standards Proposed Permanent Ordinance Standards Planning Commission Recommendation) Raised Landings Not Addressed in Urgency Ordinance Raised landings and platforms shall only lead into an exterior entryway of an ADU and shall not exceed fifty (50) inches in depth and not more than six (6) inches in excess of the width of the adjoining doorway. Maximum Size of Covered Not Addressed in Urgency Ordinance Covered Patios and Porches that are not Patios and Porches more than 200 square feet and provides entry into the ADU shall not be subject to comply with Section 17.400.130.B.2.a to have at least 1,000 square feet of open space in the rear yard. Proposed ADU with New Single Not Addressed in Urgency Ordinance An ADU may be proposed within a new Family Home single family residence. Also allows ADUs to be permitted on the upper floor or contain a 2nd story as long as the ADU meets all requirements applicable to single family homes. Requirement Type Urgency Ordinance Standards Proposed Permanent Ordinance Standards Planning Commission Recommendation) Recorded Covenant for ADUs Before obtaining a permit for an ADU, the Section and Requirement Removed from property owner shall file a restrictive Code for ADUs only. covenant with the following restrictions: These provisions are already code a. Unit shall not be sold separately requirements. JADUs still require a b. The ADU is restricted to the recorded covenant and requires owner maximum size allowed. occupancy. c. The unit shall not be rented for periods of 30 days or shorter. d. The restrictions shall be binding upon any successor or ownership of the property Placement of ADU in Front Yard Newly constructed ADUs shall be located Section and Requirement Removed from in line with or behind the front -most Code building wall of the primary dwelling unit. RESOLUTION NO. 21-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WESTMINSTER RECOMMENDING THAT THE MAYOR AND CITY COUNCIL ADOPT AMENDMENTS TO THE WESTMINSTER MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS (CASE NO. 2021-0026) WHEREAS, effective January 1, 2020 multiple new housing bills relating to accessory dwelling units (ADUs) became law, including AB 68, AB 881, SB 13, AB 587, and AB 670; and WHEREAS, these State laws are intended to address the State housing crisis by easing regulatory barriers for homeowners who choose to construct accessory dwelling units; and WHEREAS, accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled and others, at below market prices within existing neighborhoods; and homeowners who construct accessory dwelling units benefit from added income; and WHEREAS, allowing accessory dwelling units on lots developed with or proposed to be developed with a single-family residence provides additional rental housing stock; and WHEREAS, pursuant to the applicable provisions of the Westminster Municipal Code, the Planning Commission, at its regular meeting of March 3, 2021, held a duly noticed public hearing to consider the proposed Zoning Text Amendment; and WHEREAS, the Planning Commission, having duly considered all written and oral statements presented in regard to the Zoning Text Amendment (ZTA), has determined that the ZTA meets the intent and purpose of the City's Zoning Ordinance and will not impair the public health, safety, and general welfare; and NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: SECTION 1: Pursuant to the California Environmental Quality Act (CEQA) and the City's CEQA guidelines, the Planning Commission finds that recommendation of this ordinance to the City Council is not a project subject to CEQA because the recommendation is not final action on the ordinance. Moreover, the ordinance itself is exempt from CEQA per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which state the adoption of an ordinance regarding second dwelling units (ADUs) to implement the provision of Section 65852.2 of the Government Code are exempt from the requirements of CEQA. PLANNING CASE NO. 2021-0026 MARCH 3, 2021 PLANNING COMMISSION RESOLUTION PAGE 1 OF 4 SECTION 2: Pursuant to Section 17.620.030 of the Westminster Municipal Code, the Planning Commission hereby recommends the Mayor and City Council amend Title 17 (Land Use) of the Westminster Municipal Code and adopt new regulatory standards relating to accessory dwelling units as mandated by State law based upon the following findings: 1. The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan and will not create any inconsistencies with this Title, in the case of a Zoning Code amendment, The Zoning Text Amendment conforms to the City's General Plan because it facilitates the construction of accessory dwelling units (subject to limitations in terms of size, height, location, design, and parking standards) as a source of affordable housing consistent with goals and policies of the General Plan Housing Element. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, The proposed amendment, consistent with Government Code Section 65852.2 and 65852.22, ensures the character of the City's residential neighborhoods is preserved to the maximum extent possible. The new standards establish regulations upon height, size, location, and parking; which will ensure that ADUs will not create negative impacts and will be in harmony with the character of the community. 3. The proposed amendment is in compliance with the provisions of CEQA. Pursuant to the California Environmental Quality Act (CEQA) and the City's CEQA guidelines, the final approval of the ordinance is exempt from CEQA per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which state the adoption of an ordinance regarding second dwelling units (accessory dwelling units) to implement the provision of Section 65852.2 of the Government Code are exempt from the requirements of CEQA. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby recommends the Mayor and City Council adopt the proposed Zone Text Amendment as represented in the attached Exhibit "A". [Continued on next page] PLANNING CASE NO. 2021-0026 MARCH 3, 2021 PLANNING COMMISSION RESOLUTION PAGE 2 OF 4 PASSED, APPROVED, AND ADOPTED this 31d clay of March 2021. Chair of -the Planning Commission PLANNING CASE NO. 2021-0026 MARCH 3, 2021 PLANNING COMMISSION RESOLUTION PAGE 3 OF 4 ATTEST: 1 a(L Steve Ratkay Secretary of the Pla ng Commission STATE OF CALIFORNIA SS. COUNTY OF ORANGE I, Steve Ratkay, hereby certify that the foregoing resolution was adopted at a regular meeting of the Planning Commission of the City of Westminster held on March 3, 2021 by the following vote: AYES: COMMISSIONERS: ANDERSON, M. NGUYEN, Q. NGUYEN, PHAM, SEID NOES: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE Secretary of the Plannii4q,"Commission PLANNING CASE NO. 2021-0026 MARCH 3, 2021 PLANNING COMMISSION RESOLUTION PAGE 4 OF 4 EXHIBIT A ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER TO AUTHORIZE ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS AND RELATED PARK FEES WHEREAS, effective January 1, 2020 multiple new housing bills relating to accessory dwelling units (ADUs) became law, including AB 68, AB 881, SB 13, AB 587, and AB 670; and WHEREAS, effective January 1, 2021, a new bill relating to ADUs, AB 3182, became effective law; and WHEREAS, municipal regulations which are inconsistent with state law may be preempted; and WHEREAS, to preserve what limited authority the City has remaining to regulate ADUs, it is desirable that the City update its laws; WHEREAS, the city previously adopted Ordinance 2563 on an urgency basis to cause various revisions to the municipal code; WHEREAS, the city intends the revisions caused by Ordinance 2563 to remain in place except as stated in this ordinance; THE CITY COUNCIL OF THE CITY OF WESTMINSTER does ordain as follows: SECTION 1:_ General_ Plan Consistency. Pursuant to Section 17.620.030 of the Westminster Municipal Code, the Mayor and City Council approve a Zone Text Amendment (Case No. 2021-0026) related to accessory dwelling units, based upon the following findings: The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan and will not create any inconsistencies with this Title, in the case of a Zoning Code amendment, The Zoning Text Amendment conforms to the City's General Pian because it facilitates the construction of ADUs (subject to limitations in terms of size, height, location, design, and parking standards) as a source of housing consistent with goals and policies of the General Plan Housing Element. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, Page 1 of 19 The proposed amendment, consistent with Government Code Section 65852.2 and 65852.22, ensures the character of the City's residential neighborhoods is preserved to the maximum extent possible. The new standards establish regulations upon height, size, location, and parking; which will ensure that ADUs will not create negative impacts and will be in harmony with the character of the community. 3. The proposed amendment is in compliance with the provisions of CEQA. Pursuant to the California Environmental Quality Act (CEQA) and the City's CEQA guidelines, the project has been determined to be exempt from CEQA per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which state the adoption of an ordinance regarding second dwelling units (ADUs) to implement the provision of Section 65852.2 of the Government Code are exempt from the requirements of CEQA. SECTION 2. Municipal Code Section 17.210.010. The City Council confirms that Section 17.210.010 (Residential Zoning District Land Uses and Permit Requirements) of Chapter 17.210 (Residential Zoning Districts) of Title 17 of the Westminster Municipal Code be amended as follows (new text, as compared to the law before Ordinance 2563 was enacted is underlined and removed text is StFikethrough): 17.210.010 Residential Zoning District Land Uses and Permit Requirements Table 2-2 Permitted Uses and Permit Requirements For Residential Zoning Districts Residential Accessory dwelling units and junior accessory dwelling units (in p P p P p Section conjunction with a single-family 17.400.135 or multifamily residence) SECTION 3. Municipal Code Section 17.400.120. The City Council confirms that Section 17.400.120 (Residential Uses--Single-Family Residential) of Chapter 17.400 (Standards for Specific Land Uses and Accessory Uses) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is strikethrr ugl ): Page 2 of 19 A. Purpose and Intent. The purpose of this Section is to provide general development standards for single-family residences in any residential district unless noted otherwise. B. Development Standards. A single-family dwelling unit and any expansion of such unit shall comply with the following criteria. The Director may require recordation of a covenant stipulating the conditions of approval for any project approved hereunder, whenever, in the judgment of the Director, such a covenant is necessary to provide constructive notice to any successor in interest on the subject property as to the nature of the approval conferred hereunder. 1. The design of an addition shall be consistent with the design of the surrounding neighborhood and shall be compatible with the materials, color palette, architectural theme, and roof pitch of the existing dwelling unit. 2. Common interior access to all living, sleeping, eating, and food preparation areas shall be provided through common use areas or a common hallway, and the dwelling unit, including any additions, shall function as a single-family dwelling. No addition or modification to a single-family dwelling shall be permitted that facilitates subdividing the interior of the dwelling unit into separate areas that may be used as independent living space, or that subverts or violates the R1 zoning district regulations when a project is within an R1 district. 3. The second floor of the house shall not have a kitchen a wet bar or the utilities available to facilitate the installation of kitchen facilities unless a second kitchen is approved pursuant to Section 17..400.135, Residential Uses— Accessory Dwelling Units. _,......_ 4.3-: Each single-family dwelling shall have no more than one kitchen unless a second kitchen is approved pursuant to Section 17.400.135, Residential Uses—Accessory Dwelling Units. 5. 4- Three enclosed garage spaces with minimum interior dimensions of 10 feet by 20 feet each and 3 open parking spaces with minimum dimensions of 9 feet by 19 feet each shall be provided if a single-family dwelling has 5 or more bedrooms, or rooms which by the virtue of their design, location, and means of access within the dwelling can reasonably be used primarily for sleeping purposes without structural modifications. 6. & An exterior door from a bedroom shall not be permitted except under the following conditions: a. Installation of the exterior bedroom door shall not facilitate subdivision of the interior of the dwelling unit into smaller, independent separate living or dwelling units. b. The door shall be decorative in nature and the area of the door shall be at least 50 percent translucent, such as a sliding glass door or French doors. c. The door shall provide access to an improved landscaped or recreational area, such as a garden, spa, or patio, in the rear or side yard. Page 3 of 19 If the exterior bedroom door opens onto a side yard, the side yard shall have a minimum dimension of 10 feet. 7. 6- If a wet bar is proposed, it shall be located in a common living space, such as a family room or living room, with open access to other areas of the home provided that the portion of the home containing the wet bar can comply with the standard outlined in Section 17.400.130.B.3. 8. 7-. Exterior stairs to the second floor or balcony of a single-family dwelling shall not be permitted except under the following conditions: a. Installation of the staircase shall not facilitate subdivision of the interior of the dwelling unit into smaller, independent living spaces or dwelling units including accessory dwelling units and junior accessory dwelling units. b. The exterior door leading to the second -floor landing of the staircase shall be decorative in nature and the area of the door shall be at least 50 percent translucent, such as a sliding glass door or French doors. G. The seGend floor of the house shall not havee a hitGhen a urea.# bar ar e cd. The staircase shall provide access from the second floor to an improved landscaped or recreational area, such as a garden, spa, or patio. de. The interior staircase of the dwelling shall be retained and shall be utilized as the primary means of access to the second floor of the dwelling. e#. A deed restriction stipulating compliance with the above conditions shall be recorded on property in all cases where a second floor exterior staircase is approved. 9. 8 Each single-family dwelling shall provide an enclosed 2 -car garage having a minimum interior dimension of 20 feet in width and 20 feet in depth, unless otherwise required by Section 17.400.120.8.4. A garage may have windows and may be finished with drywall provided that the garage shall not be used for habitable space and shall be available for storage of automobiles. The maximum size of a detached 2 -car garage shall be 550 square feet, and the maximum size for a 3 -car detached garage shall be 750 square feet. If the accessory dwelling unit's required parking space will be provided in a garage, the garage space for that parking space is exempt from the total maximum. Detached garages exceeding the established maximum size and attached garages exceeding 800 square feet in area are subject to an Administrative Use Permit, Chapter 17.550. SECTION 4. Municipal Code Section 17.404.135. The text of Municipal Code Section 17.400.135, entitled "Residential Uses --Accessory Dwelling Units" is deleted and replaced with the following: Page 4 of 19 A. Accessory dwelling units and junior accessory dwelling units —Purpose, definitions, general plan consistency. 1. Purpose. The intent of this Section is to ensure that ADUs and JADUs remain as an accessory use to a single-family residence, and multi -family residences, that the parcels are organized to accommodate an ADU and/or JADU, and that such dwelling units do not adversely impact surrounding residents or the community. 2. Definitions. For purposes of this section 17.400.135: a. "Accessory dwelling unit" has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. b. "ADU" means an accessory dwelling unit. c. "Attached ADU" means an ADU, other than a converted ADU, that is physically attached to a primary dwelling. This includes an ADU that is created by converting an existing part of the primary dwelling and expanding the dwelling to create a new unit. d. "Converted ADU" means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within all or a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, and storage areas. e. "Detached ADU" means an ADU that is physically separated from, but located on the same lot as, a primary dwelling structure. f. Existing." A structure is "existing" if it was legally constructed and the construction has passed all required final inspections. g. "JADU" means a junior accessory dwelling unit. h. "Junior accessory dwelling unit" shall have same meaning as that stated in Government Code section 65852.22(h)(1) as that section may be amended time to time. L "Passageway" has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. j. "Public transit", has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. k. "Tandem parking" has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. Page 5 of 19 3. General Plan Consistency. In adopting these standards, the City recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The City finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to ADUs, and that the amendment furthers the goals, objectives, and policies of the general plan housing element. B. Accessory dwelling units ---Development standards. Residential Zone. Except as otherwise provided, ADUs shall conform to the development standards of the underlying zone, and are only permitted in zones that allow for residential development. 2. Location of ADUs. An ADU shall only be allowed on a lot within the City that contains or will be developed with a legal, single-family or multiple - family residence. 3. Number of ADUs per lot. a. For lots with an existing or proposed single-family dwelling, one ADU may be on the lot. b. For lots with an existing multi -family residential dwelling: No more than twenty-five percent (25%) of the number of the existing units, but at least one (1) unit, shall be permitted as ADUs constructed within the non -livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; and ii. Up to two (2) detached accessory units c. For lots without an existing multi -family residential structure where anew multi -family residential structure is proposed, up to two (2) detached ADUs may be on the lot, provided that: each ADUs complies with the development standards for ADUs in this subsection B (Accessory dwelling units — Development Standards); the property complies with all development standards applicable to multi -family dwellings in the underlying zoning district including, but not limited to, lot coverage, open space, parking, and landscaping requirements; and Page 6 of 19 iii. The property is not relying on any exception within B.4 (for units of 800 square feet or less), listed immediately below, 4. ADUs of 800 square feet or less. All development standards (including setbacks, lot coverage, open space, and landscaping requirements) are reduced solely to the extent necessary to allow either of the following: a. On a lot with a proposed or existing single family dwelling, one attached or detached ADU that is 800 square feet or less, with a height not exceeding sixteen (16) feet, with setbacks of at least four (4) feet from the side and rear yards and complies with applicable front yard setbacks. b. On a lot with an existing multi -family dwelling, up to two (2) detached ADUs that are 800 square feet or less and which have a height not exceeding (16) feet, and which comply with setbacks of at least four feet from the side and rear yards, and which comply with front yard setbacks. 5. Separate Entrances. An ADU shall have a main entrance separate from the primary home. 6. Park Fees. Applicants shall pay all applicable development impact fees, if any (See Section 3.62.040, "Parks and recreation mitigation requirement"). 7. City/public utilities. a. All ADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For example, if required by the building standards code, dwelling units that are proposed to be installed on a property with only septic tanks are prohibited. b. Except for ADUs created solely by converting an existing single family dwelling or a single-family accessory structure, the city may require a separate utility connection. 8. Building Code 1 Minimum Size. All new ADUs must comply with Title 15 of the Municipal Code ("Buildings and Construction") and any other applicable provisions of the California Building Standards Code, including minimum permissible sizes for dwellings (typically 220 square feet). However, fire sprinklers shall not be required if they are not required for the primary residence. Page 7 of 19 9. Maximum Size. ADUs shall not exceed the size standards listed below: a. Attached ADUs: The maximum floor area of an attached ADU with 0-1 bedrooms shall be 850 square feet. The maximum floor area of an ADU with 2 or more bedrooms shall be 1,000 square feet. b. Detached ADUs: 1,200 square feet of floor area. C. Conversion. An ADU which is converted entirely from within a lawful existing structure is not subject to a maximum floor area requirement. The resultant primary dwelling does need not comply with the minimum floor area requirements of Municipal Code 17.210.015, although it must still comply with building standards code requirements relating to minimum floor areas. 10. Lot Coverage. In general, the lot coverage for all ADUs shall be subject to the lot coverage requirements of Section 17.210.015. However, ADUs which are 800 square feet or less are exempt from the total lot coverage calculation. 11. Setbacks. a. Setbacks for Converted ADUs. No setbacks are required for either: (i) those portions of ADUs that are created by converting existing living area or existing accessory structures to new ADUs; or (ii) constructing new ADUs in the same location and to the same dimensions as an existing structure. b. Setbacks for Non -Converted ADUs. For all other ADUs, there must be a minimum of four (4) feet of setbacks from side and rear lot lines and comply with all applicable front yard setbacks. C. Distance Between Structures on a Single Family Lot. For a single- family zoned lot, for any detached ADU which is new construction, there must be at least six (6) feet between the ADU and the single family dwelling and all other detached accessory structures. d. Distance Between Buildings on a lot with Multi -Family Zoning. For a lot in a multifamily zone, newly constructed detached ADUs must be at least ten (10) feet from any other dwelling units (other than detached ADUs that are attached to each other) on the property, and at least six (6) feet from accessory structures. e. Public/Private Easements. No portion of an ADU (whether new construction or converted from existing space) may encroach into any public or private easement such as a utility easement unless the easement holder has provided written permission to construct the Page 8 of 19 ADU in the manner proposed. Roof eaves may not be eliminated to meet the easement requirements. To establish a rebuttable presumption of compliance with these easement requirements, applicants may provide to the city a written declaration, in a form acceptable to the City Attorney, affirming under penalty of perjury compliance with these requirements. 12. Open Space. a. Single Family. For lots with a single family development, there are no open space requirements for an ADU. However, if the primary dwelling requires open space for a reduced setback per Section 17.210.015, ADUs of 800 square feet or less may have such requirements reduced, as described in subsection B.4, above. b. Multifamily. For a lot which has an existing multifamily structure, there are no open space requirements for the ADU. However, all open space, lot coverage, open space standards for the primary dwelling shall apply except to the extent that such standards would prohibit up to two detached ADUs which do not exceed 800 square feet in size, which are no taller than sixteen feet in height and which comply with four foot rear and side yard setback per Section B.3. 13. Height. ADUs shall not exceed the height of 16' unless the units are within the existing space of a single-family dwelling, an accessory structure or multi -family dwelling. ADUs may be permitted on the upper floor of a newly constructed single family home. 14. Stairways. An ADU proposed within the second floor of an existing or proposed single-family dwelling shall not have exterior stairways. 15. Design requirements for new units. The exterior design features of the ADU shall be similar to and compatible with the primary dwelling. These features shall include, but are not limited to roofing material, roof design, roof pitch, exterior building finish/materials, and color. The color of the ADU shall match the color of the primary dwelling. 16. Parking. a. In addition to the required parking for the primary unit, one parking space shall be provided unless the ADU has no bedrooms (e.g., a studio), in which case no parking space is required. The required parking space may be provided as: Page 9 of 19 Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or Within a setback area or as tandem parking unless the Director determines that parking in the setback or tandem parking is not feasible based upon specified site or regional topographical or fire and life safety conditions. b. Notwithstanding the foregoing, no parking space shall be required for an ADU if: It is located within one-half mile walking distance of public transit; It is located within an architecturally and historically significant district; iii. It is part of a proposed or existing primary residence or accessory structure; iv. When on -street parking permits are required but not offered to the occupant of the ADU; or v. Where there is a car share vehicle located within one block of the ADU. 17. Corner Lot Driveways. Up to two driveways may be on one corner lot if the site is developed with an ADU, provided that each driveway is on different sides of the lot, and further provided that the proposed location for the driveway meets all applicable standards of the City's public works department. A second driveway may be installed regardless of whether the driveway leads to a garage. 18. Porches and Landings. a. Raised landings. Raised landings and platforms shall only lead into an exterior entryway of an ADU and shall not exceed 50 inches in depth nor more than six inches in excess of the width of the adjoining doorway. b. Porches and Patio Covers. If an unenclosed covered porch or covered area will be no more than 200 square feet, will be attached to a detached ADU, and an entrance to the ADU can be accessed through the porch/covered area, the covered porch/covered area shall not be required to meet the requirement of Municipal Code section 17.400.130.13.2.a to have at least 1,000 square feet of contiguous open space in the rear yard. Page 10 of 19 19. ADU within a New Single, Family Residence. a. Within Single Family Dwelling. On a lot with a proposed single-family dwelling in a residential or mixed-use zone, up to one detached ADU may be constructed, or one ADU may be constructed within the single- family residence. If an ADU is to be constructed within a new single- family dwelling, such ADU is allowed only if the single-family dwelling complies with all applicable requirements for single-family residential dwellings including lot coverage, setbacks, etc. b. Second Story. If the ADU is located on the upper floor of the new single- family dwelling, or if the ADU contains a second floor, the ADU shall also comply with all applicable requirements for single family homes including setbacks, lot coverage, etc. 20. Conversion of Structures(Including Garages). For purposes of determining whether an ADU is allowed, the development standards for lot coverage, open space, and setbacks, contained in this Title do not apply to the following units if they are within a residential or mixed-use zone. Further, such units may be on any floor of an existing structure. a. Single Family Unit. On a lot with an existing single-family dwelling in a residential or mixed-use zone, up to one ADU may be constructed within the single-family residence or within an accessory structure. Such ADU must have exterior access and side and rear setbacks sufficient for fire safety. An expansion of to one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure to accommodate access to the ADU is allowed. b. Multifamily Unit. ADUs may be constructed within those portions of existing lawful multifamily structures that are not used as livable space (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior ADUs permitted on the lot shall not exceed twenty-five percent (25%) of the current number of units of the multi -family complex on the lot and at least one such unit shall be allowed. 21. Garage Conversions a. Parking. When a garage, carport, or covered parking structure is demolished for the purpose of allowing a new ADU, the off-street parking spaces do not have to be replaced. b. Demolition. No garage may be demolished without first having obtained a demolition permit. Page 11 of 19 C. C. Driveway. The existing driveway leading to a garage may remain. The driveway may only be removed if it is replaced with landscaping or open space, and the curb cut and driveway apron are removed and replaced with a curb and gutter which meet City standards. 22. Conversion of Existing Primary Unit. When a new, larger primary residence is proposed to be constructed, the entirety of an existing single-family dwelling may be converted to an ADU if the lot is in a single family zone and the converted structure complies with all applicable requirements of this chapter applicable to single family homes. 23. Short Term Rentals Prohibited. ADUs may not be rented for periods shorter than 31 days. 24. Separate Sale Prohibited. Except as otherwise provided by law (e.g., Government Code section 65852.26), ADUs may not be sold or otherwise conveyed separate from the primary residence. 25. Nonconforming. ADUs shall not be required to correct legal nonconforming zoning conditions as a pre -condition to obtaining authorization to construct. 26. Affordability Information (RHNA). Applicants shall provide the city with all information reasonably requested by city to allow the city to attempt to cause each ADU to qualify as "low-income" housing for purposes of the Regional Housing Needs Assessment (RHNA). Junior Accessory Dwelling Units. 1. Purposes. This section provides standards for the establishment of JADUs. JADUs will typically be smaller than an ADU, will be constructed within the walls of an existing or proposed single family residence, and requires owner occupancy in the single-family residence where the unit is located. 2. Number. No more than one JADU may be on a lot. 3. Size. A JADU shall not exceed 500 square feet in size. ADUs must comply with Title 15 of the Municipal Code ("Buildings and Construction") and any other applicable provisions of the California Building Standards Code, including minimum permissible sizes for dwellings (typically 220 square feet). 4. Zone, A JADU must be within a residential or mixed-use zone. Page 12 of 19 5. Owner Occupancy: The owner of a parcel proposed for a JADU shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner -occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time. 6. Sale Prohibited. A JADU shall not be sold independently of the primary dwelling on the parcel. 7. Short term rentals. The JADU shall not be rented for periods of less than 31 days. 8. Within Residence. A JADU shall be entirely within a single-family residence. 9. Entrances/Restrooms. A JADU shall have an exterior entrance separate from the primary dwelling. However, it may share restroom facilities with the primary dwelling. Exterior entryways for JADUs shall follow the provisions for single family homes in subsection B.6 of Section 17.400.120, as that section may be amended from time to time. 10. Kitchen Requirements. The JADU shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. 11. Parking. No additional parking is required beyond that already required for the primary dwelling. 12. Fire Protection, Utility Service. All JADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a JADU shall not be considered a separate or new unit, unless the JADU was constructed in conjunction with a new single-family dwelling. No separate connection between the JADU and the utility shall be required for units created within a single-family dwelling, unless the JADU is being constructed in connection with a new single-family dwelling. 13. Deed Restriction. Prior to the issuance of a building permit for a JADU, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the JADU separate from the sale of the single-family residence, requires owner -occupancy consistent with subsection (5) above, does not permit rentals for periods of less than 31 days, and restricts the size and attributes of the junior dwelling unit to those that conform with this section. 14. Nonconforming. JADUs shall not be required to correct legal nonconforming zoning conditions as a pre -condition to obtaining authorization to construct. Page 13 of 19 15. Affordability Information RHNA . Applicants shall provide the city with all information reasonably requested by city to allow the city to attempt to cause each JADU to qualify as "low-income" housing for purposes of the Regional Housing Needs Assessment (RHNA). SECTION 5. Municipal Code Section 17.515.010. The City Council confirms that Section 17.515.010 (Applicability) of Chapter 17.515 (Zoning Clearance) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is stFiketh FGV.,h). 17.515.010 Applicability A. General Applicability, Zoning Clearance shall be required in conjunction with Division review of any building or grading permit, business tax certificate (business license), or other authorization required by the WMC or this Title or for any new use or change of use. Where no other authorization is required, (e.g., Building Permit) Zoning Clearance shall be obtained from the Division before the commencement of any business or land use activity. The Director has the discretion on a case-by-case basis to determine that an application is subject to Development Review and require noticing and/or defer the action to the Commission based on criteria including traffic, parking demand, building shade, shadow, scale, design and other potential impacts. B. Any DU or JADU that meets the s _ an s. n application or an A,,., requirements of 17.400.135 shall be approved ministerially_ SECTION 6. Municipal Code Section 17.520.010. The City Council confirms that Subsection C of Section 17.520.010 (Applicability) of Chapter 17.520 (Development Review) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is stdkethr ugh): 17.520.010 Applicability C. Exempt from Development Review. The following projects are exempt from Development Review but are subject to Zoning Clearance except subsection (3): 1. Any construction, addition, or alteration to an individual single-family or two- family dwelling or appurtenant structure, or 2 single-family dwellings on a single parcel or an accessory dwelling unit or junior accessory dwelling unit. SECTION 7. Municipal Code Section 17.700.010. The City Council confirms that the definition of "accessory dwelling unit" in Section 17.700.010 (Definitions of Specialized Terms and Phrases) of Chapter 17.700 (Definitions of Specialized Terms) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as Page 14 of 19 compared to the law before Ordinance 2563 was enacted is underlined and removed text is etrikethreug#): 17.700.010 Definitions of Specialized Terms and Phrases Accessory Dwelling Unit. See Government Code section 65852.2. An attached ^throughr detaGhed dwelling unit whiGh provides Gemplete, independent I'ving4ar-ii1littiegs flneir one 0 more peFsens, inGluding permanent pmvisions f0F loving, sleeping, eating, eaeking, and san dwelling URit may also inolude an effiGien 3fined in SeGtaon 17958.1 of the GalqfGFnma Health and Safety Gode--nand na �.nan,_"Ianatu red home, as defined in Seetion •; (ii) GenstWetion of an addition to an existing single-family r family dwelling; OF (IV) GOnversion �f nn pxaqt lot Gontaining an existing single family d Wed set bark at a _HktA Pnp 7(ii" in -n -of- aR existing single quffinViAn} fAr fire q;; 'GITCff �aJL[TGTJ": SECTION 8. Municipal Code Section 3.62.040, Section 3.62.040 of the Municipal Code (Parks and recreation mitigation requirement) is revised as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is stdkethreugh)_ 3.62.040 Parks and recreation mitigation requirement Except as provided in Section' 3.62.050, the developer of a project shall pay a parks and recreation development impact fee in accordance with the following: A. Parks and Recreation Development Impact Fee. Fees shall be computed as follows: 1. For single-family residential development projects that result in the addition of a dwelling unit: a. $13,760 per single-family dwelling unit. (This amount is updated annually per section 3.62.080). b. For an accessory dwelling unit on a single-family property. the maximum fee allowed by law, but in no event more than the amount authorized by subsection A.1.a, above. See California Government Code 2. For multi -family residential development projects that result in the addition of a dwelling unit: a. $10,158 per multi -family dwelling unit. (This amount is updated annually per section 3.62.080). Page 15 of 19 b. For an accessory dwelling unit on a multi -family property, the maximum fee allowed bylaw, but in no event more than the amount authorized by subsection A.2.a. See California Government Code.4 65852.2(f). 3. The land use categories identified in subsections (A)(1) and (A)(2) of this section shall have the following meanings: a. Single-family residential shall include single-family. b. Multi -family residential shall include: senior housing and multi -family. 4. The amount of legally permitted dwelling unit(s) to be demolished in an existing building or structure as a part of a project shall be a credit in the calculation of the parks and recreation development impact fee. B. Timing of Fee Payment. 1. The project applicant shall pay fees according to the schedule of fees in place on the date the fees are paid, except that the applicant for a vesting tentative map for a development project shall pay the fees in effect on the date the application for the vesting tentative map is deemed complete, as automatically adjusted. 2. No building permit for any project shall be issued unless the fees have been paid, except where state law requires payment before final inspection or the issuance of certificate of occupancy, whichever comes first. If state. law applies, a contract to pay the fees shall be executed with the city, in which case, no final inspection shall be approved until the fees have been paid. If a residential development project contains more than one dwelling unit and is approved for development in phases, the developer shall pay the fees in installments based on the phasing of the residential development project. Each fee installment shall be paid at the time when the first dwelling unit within each phase of development is ready to be issued a building permit. SECTION 9. Reaffirming Chapter 3.62 The City Council affirms the applicability of all of Municipal Code Chapter 3.62 to this ordinance, including sections 3.62.100 and 3.62.110, which provide: 3.62.100 Fee revisions by resolution. The amount of the parks and recreation development impact fees and the formula for the automatic annual adjustment established by this chapter may be reviewed and revised periodically by resolution of the city council. This chapter shall be considered enabling and directive in this regard. Page 16 of 19 3.62.110 Regulations. The city manager, or designee, is authorized to adopt written administrative regulations or guidelines that are consistent with and that further the terms and requirements set forth within this chapter. SECTION 10. Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") under Public Resources Code § 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines §§ 15282(h) [statutory exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to land]. This ordinance is also exempt under CEQA Guidelines section 15061, because this ordinance will not have a significant effect on the environment, because ADUs will largely constitute infill housing which is exempt from CEQA. SECTION 11. Inconsistencies. Any provision of this ordinance which is inconsistent with state law shall be interpreted in a manner to be consistent with state law. If any provision of the Westminster Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. This applies specifically to Urgency Ordinance 2563 as this Ordinance is intended to repeal such ordinance, and to cause this ordinance to apply in its place to the extent that there are any differences between this ordinance and the Urgency Ordinance. SECTION 12. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Westminster hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 13. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. SECTION 14. Transmit Ordinance to HCD. The City Clerk is directed to send a copy of this ordinance to the Department of Housing and Community Development within 60 days of the adoption of this ordinance. SECTION 15. Processing Existing Applications. For applications which involve ADUs and/or JADUs which were officially submitted to the City as of the effective date of this ordinance (i.e., city staff issued a building permit number or case number), the portions of the applications that apply to ADUs and JADUs shall be processed subject to Page 17 of 19 the requirements of this ordinance. All other applications which involve ADUs and/or JADUs shall be processed pursuant to the requirements of Urgency Ordinance No. 2563. SECTION 16, The City Clerk shall certify to the passage and adoption of this ordinance and cause the same to be published in the manner required by law. This ordinance shall become effective thirty (30) days from and after its passage. Approved for introduction at a regular meeting on the 24th day of March 2021 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: PASSED, APPROVED, AND ADOPTED this th day of 2021 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: TRI TA, MAYOR ATTEST: CHRISTINE CORDON, CITY CLERK APPROVED AS TO FORM: RICHARD D. JONES, CITY ATTORNEY Page 18 of 19 STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss, CITY OF WESTMINSTER ) I, CHRISTINE CORDON, City Clerk of Westminster, do hereby certify that the foregoing ordinance was introduced on the 24th day of March 2021, was regularly adopted at a meeting thereof on the 24th day of March 2021, and was published/posted pursuant to law. Christine Cordon, City Clerk Page 19 of 19 A '0460 "Wr I_ PLANNING COMMISSION Minutes of the Regular Meeting Teleconference/Web Conference Only 8200 Westminster Boulevard Westminster, CA 92683 March 3, 2021 6:30 p.m. SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS On March 4, 2020, Governor Gavin Newson proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act -related provisions of the Executive order N-25-20 Issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to Executive Order N-29-20, please be advised that some or all of the Westminster City Planning Commission Members will participate in meetings via teleconference. Pursuant to the State of California Executive order N-29-20 related to coronavirus (COVID- 19), the Planning Commission of the City of Westminster, California convened on March 3, 2021 at 6:32 p.m. at 8200 Westminster Boulevard, Westminster, California, and via teleconference. Members of the public wishing to address the Planning Commission were asked to submit an e-mail for written comments or a request to speak form to provide verbal comments before the start of the meeting. Additionally, any members of the public in attendance that wished to speak but had not previously provided a request to speak form were also provided an opportunity to address the Planning Commission. PLANNING COMMISSION ROLL CALL: ANDERSON, M. NGUYEN, Q. NGUYEN, PHAM, SEID PRESENT: ANDERSON, M. NGUYEN, Q. NGUYEN, PHAM, SEID ABSENT: NONE STAFF PRESENT: Steven Ratkay, Planning Manager; Alice Tieu, Associate Planner; Christopher Wong, Senior Planner; Scott E. Porter, Deputy City Attorney; Alexa Smittle, Community Development Director; Shelley Stevens, Senior Administrative Assistant. 2. SALUTE TO FLAG: Senior Administrative Assistant Stevens led the salute to the flag. PLANNING COMMISSION MINUTES MARCH 3, 2021 PAGE 1 OF 6 3. REPORT FROM PLANNING SECRETARY ON LATE COMMUNICATION ITEMS Planning Manager Steven Ratkay reported there were no late communications. 4. EX PARTE COMMUNICATIONS Commissioner Anderson reported that he spoke to City Attorney Bettenhausen regarding item 8.2. on the agenda concerning the accessory dwelling unit ordinance. 5. SPECIAL PRESENTATIONS - None 6. ORAL COMMUNICATIONS 7 1.1 Terry Rains, resident of Westminster, welcomed Commissioner Anderson to his new role on the City of Westminster Planning Commission. APPROVAL OF MINUTES — February 10, 2021 Motion: It was moved by Chair Seid, and seconded by Commissioner Anderson, to approve the meeting minutes of the February 10, 2021, special joint meeting of the City Council and Planning Commission. The motion carried (5-0) with the following vote: AYES: ANDERSON, M NOES: NONE ABSENT: NONE PUBLIC HEARINGS NGUYEN, Q. NGUYEN, PHAM, SEID 8.1 Case No. 2020-1004 (Conditional Use Permit, Tentative Parcel Map) Location: 8151 181h Street (Assessor's Parcel Number 195-141-01) Applicant: Cach Nguyen Project Planner: Christopher Wong, Senior Planner PROJECT DESCRIPTION: A proposal to convert two existing detached multiple - family residential units into for -sale condominium units. RECOMMENDATION: Staff recommends that the Planning Commission continue the public hearing to the next regularly scheduled meeting on March 17, 2021. Planning Manager Steven Ratkay explained State law requires that the public hearing be duly advertised prior to holding the public hearing; and, offered that the applicant was unable to post the notice on site as required by the Westminster Municipal Code and that is the reason for the request to continue the public hearing to the next regularly scheduled planning Commission meeting on March 17, 2021. PLANNING COMMISSION MINUTES MARCH 3, 2021 PAGE 2 OF 6 Discussion ensued between the Planning Manager and the Commissioners regarding the former and current processes of public notification. Motion: It was moved by Commissioner Anderson, and seconded by Vice Chair M. Nguyen, to continue the public hearing for Case No. 2020-1004 to the next regularly scheduled meeting on March 17, 2021. The motion carried (5-0) with the following vote: AYES: ANDERSON, M. NGUYEN, Q. NGUYEN, PHAM, SEID NOES: NONE ABSENT: NONE ABSTAIN: NONE 8.2 Case No. 2021-0026 (Zoning Text Amendment) Location: Citywide within residential zones Applicant: City of Westminster Project Planner: Alice Tieu, Associate Planner PROJECT DESCRIPTION: A Zoning Text Amendment (ZTA) to the Westminster Municipal Code amending sections 17.210.010, 17.400.120, 17.400.135, 17.520.010, and 17.700.010, and amendments to Chapter 3.62.040, to regulate accessory dwelling units. CEQA COMPLIANCE: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and the City's CEQA guidelines, the project has been determined to be exempt from CEQA per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which state the adoption of an ordinance regarding second dwelling units (ADUs) to implement the provision of Section 65852.2 of the Government Code are exempt from the requirements of CEQA. RECOMMENDATION: Staff recommends that the Planning Commission adopt a resolution entitled "A Resolution of the Planning Commission of the City of Westminster Recommending that the Mayor and City Council Adopt Amendments to the Westminster Municipal Code Related to Accessory Dwelling Units (Case No. 2021-0026)." Planning Manager Steve Ratkay provided an introduction about some changes at the State level in relation to accessory dwelling units (ADU). He offered that the City had adopted an urgency ordinance in December 2019 in order to retain some control over ADU development and now the City is moving forward to adopt a permanent ordinance. PLANNING COMMISSION MINUTES MARCH 3, 2021 PAGE 3 OF 6 Associate Planner Alice Tieu provided a PowerPoint presentation to the Commission, highlighting significant changes from the urgency ordinance to the proposed permanent ADU Ordinance. Commissioner Anderson, Chair Seid, and Vice Chair M. Nguyen asked for clarification on the following items: • The discrepancy between the proposed ADU Ordinance and the State legislation in relation to the percentage of primary dwelling and square footage. • Why a restrictive covenant was required for a JADU, but not for the ADU. • Why the City has opted to be more liberal in the proposed permanent ADU ordinance than the State requirements in some areas. • Any areas where we have more flexibility for restrictions regarding ADUs. • If ADUs would come back for Planning Commission review under certain circumstances. • If second kitchens were allowed in ADUs. CHAIR SEID OPENED THE PUBLIC HEARING Terry Rains, resident of Westminster, stated the City could do better in notifying residents about public hearings to encourage more participation. She felt that a maximum number of bedrooms should be removed from the proposed permanent Ordinance as it could encourage construction of more bedrooms; she added that State law does not allow an agency to set limitations on the number of bedrooms. She felt that the City should keep the restrictive covenant for ADUs since these properties would likely change hands and there will be new ownership. She also thought information about the following items should be mentioned within the Ordinance: • Development impact fees (SB -13) • No lot coverage requirements if the ADU meets the State guidelines (800 square feet, not more than 16 feet in height, four (4) feet rear and side yard setback) • Energy Code requirement to add solar panels to newly constructed ADUs. THERE BEING NO FURTHER SPEAKERS AND NO WRITTEN COMMENTS TO READ INTO THE RECORD, CHAIR SEID CLOSED THE PUBLIC HEARING. Commissioner Anderson stated that he felt the State had already given property owners tremendous latitude in relation to ADUs. He knows the City's Ad Hoc Committee made some changes to make the Ordinance less restrictive than the State law; but, he didn't feel the City needed to provide the additional latitude. Vice Chair M. Nguyen stated that he agreed with the state mandate and what they are trying to do to increase housing, but he was concerned about the implementation and how it would affect the quality of the community. He agreed with Commissioner Anderson and stated he had concerns with how much latitude was provided to property owners. PLANNING COMMISSION MINUTES MARCH 3, 2021 PAGE 4 OF 6 Chair Seid would like staff to respond to the concerns raised by Ms. Rains during the public hearing and if the City might not be in compliance in some areas or possibly at risk. Deputy Attorney Scott Porter stated that Ms. Rains was a well-informed individual, but he was not concerned about the comments raised during the public hearing. He did want to inform everyone at the meeting that if a garage is converted into an ADU, the City is unable to require replacement parking. Commissioner Pham stated she understood that we have to follow State Law and that there may be impacts to neighborhoods because of the changes. It was a lot to take in and a lot to consider, but the City had limited power since State law has to be followed. Discussion ensued about the Regional Housing Needs Assessment (RHNA) number assigned to the City and how construction of ADUs may serve some of that required number. Chair Seid offered that the less restrictive path could allow the City to reach the RHNA number a little faster than a more restrictive path. Motion: It was moved by Commissioner Anderson, and seconded by Vice Chair M. Nguyen, to recommend the Mayor and City Council adopt amendments to the Westminster Municipal Code related to accessory dwelling units with the following changes: Remove the allowance of a Junior Accessory Dwelling Unit (JADU) within a garage conversion; remove maximum size of an Accessory Dwelling Unit (ADU) to the most restrictive size allowed by state law; and, remove the provision specifying a maximum number of bedrooms within an ADU. The motion carried with the following vote: 5-0 AYES: ANDERSON, M. NGUYEN, Q. NGUYEN, PRAM, SEID NOES: NONE ABSENT: NONE ABSTAIN: NONE 9. REGULAR BUSINESS - None 10. REPORTS -None 11. MATTERS FROM STAFF Planning Manager Ratkay informed the Commission of vacant Planning Division positons that were recently filled, or in the process of being filled, which will ultimately reduce project processing times. He acknowledged staff for their contributions to this meeting and acknowledged the planning commissioners for their contributions that will help guide the City into the future. PLANNING COMMISSION MINUTES MARCH 3, 2021 PAGE 5 OF 6 12. MATTERS FROM THE PLANNING COMMISSION — INCLUDING AB1234 REPORTS WHEN REQUIRED 14. ADJOURNMENT The meeting was adjourned at 8:04 p.m. to a regular meeting on Wednesday, March 17, 2021 at 6:30 p.m. Weston Seid Planning Commission Chair Steven Ratkay Planning Commission Secretary Prepared by: Shelley Stevens Senior Administrative Assistant PLANNING COMMISSION MINUTES MARCH 3, 2021 PAGE 6 OF 6 AGENDA ITEM PLANNING COMMISSION TO: FROM: SUBJECT: LOCATION: CITY OF WESTMINSTER March 3, 2021 Planning Commission Steve Ratkay, AICP, Planning Manager By Alice Tieu, Associate Planner Case No. 2021-0026. A Zoning Text Amendment (ZTA) to the Westminster Municipal Code amending sections 17.210.010, 17.400.120, 17.400.135, 17.520.010, and 17.700.010, and amendments to Chapter 3.62.040, to regulate accessory dwelling units. Citywide within residential zones proposed to be developed with an accessory dwelling unit. RECOMMENDATION: That the Planning Commission adopt a resolution entitled "A Resolution of the Planning Commission of the City of Westminster Recommending that the Mayor and City Council Adopt Amendments to the Westminster Municipal Code Related to Accessory Dwelling Units (Case No. 2021-0026)." APPLICANT: BACKGROUND City of Westminster In 2016, the Governor signed Assembly Bill (AB) 2299 and Senate Bill (SB) 1069 into law, which amended Government Code Sections 65852.2 and 65852.22 to make it easier for property owners to develop accessory dwelling units (ADUs). These statewide legislative changes were established to override most local government zoning regulations as they pertain to ADUs and to further establish that ADUs must be approved ministerially. On June 27, 2018, the Mayor and City Council adopted Ordinance No. 2549 establishing the City's ADU regulations. In 2019, the Governor signed a number of bills, including AB 68 and AB 881 regarding ADUs. These bills, which became effective January 1, 2020, clarified prior ADU laws and further removed most of the remaining ability of local governments, such as Westminster, to establish certain development regulations (e.g., density, setbacks, parking) that are based upon community input and local concerns. For example, the new statewide regulations established that a residential garage could be converted to an ADU, and replacement parking could not be required by a local jurisdiction. The laws also clarified that a single-family residence could have both a Junior Accessory Dwelling Unit (JADU) and an ADU. Furthermore, local governments could no longer require more than a four AGENDA ITEM MEETING DATE: MARCH 3, 2021 CASE NO. 2021-0026 PAGE 1 OF 3 foot setback for both the side and rear property lines. In response to these legislative changes, on December 18, 2019, the City Council adopted an Urgency Ordinance (Ordinance No. 2563). Ordinance No. 2563 (provided as Attachment No 3) includes the City's current ADU regulations. In 2020, staff began work on a permanent ordinance to eventually replace the current urgency ordinance. While a new ordinance would be needed to permanently codify the existing ADU regulations stipulated in the urgency ordinance, staff also used this opportunity to evaluate other potential code changes that could address requests made by the community. For example, the City's current ADU regulations allow a JADU to be provided within a single-family dwelling, but not within a garage. However staff has received requests over the past 14 months to allow for the flexibility of providing a JADU within the main residence or a garage. At the regular City Council meeting of October 14, 2020, staff presented various options for modifying the City's ADU regulations, which included allowing JADUs to be constructed within a garage, increasing the maximum allowed size of a detached and attached ADU, and increasing the number of allowed bedrooms within an ADU. At the conclusion of the presentation, and following deliberation, the Mayor and City Council voted to form an ad hoc committee, comprised of two councilmembers, to further study modifications to the City's ADU regulations. DISCUSSION Over the past five months, staff has met with the members of the City Council's ad hoc ADU Committee, consulted with staff from the California Department of Housing and Community Development (HCD), and conferred with the City Attorney's office to further refine the City's permanent ADU ordinance. The draft ordinance is provided as Exhibit A to the draft resolution (Attachment No. 1). Proposed text is shown as underlined, while omitted text is shown as striko+hreurrh In the case of Section 17.400.135 (Residential Uses —Accessory Dwelling Units), the entire existing section is proposed to be deleted and replaced with the text found in the draft ordinance. To assist the Planning Commission and the public with understanding the proposed changes to Section 17.400.135, Attachment No. 2 provides a redlined version of the draft ordinance, illustrating the proposed changes. The draft ordinance (part of Attachment No. 1) reflects the revisions considered by the City Council's ADU ad hoc committee. For example, the allowed number of bedrooms is proposed to be increased from a maximum of two to a maximum of four, and the maximum size of an ADU is proposed to be increased, thus providing homeowners with additional flexibility. The draft ordinance has also been reviewed by staff at HCD for consistency with state law, and reflects HCDs input, with one exception. HCD's interpretation of state law is that local government cannot place a limit on the number of bedrooms within an ADU. While the draft ordinance would increase the maximum number of bedrooms from 2 to 4, the City could also consider eliminating the provisions AGENDA ITEM MEETING DATE: MARCH 3, 2021 CASE NO. 2021-0026 PAGE 2 OF 3 establishing a limit on the maximum number of bedrooms, consistent with HCD's interpretation. Other proposed revisions are intended to help streamline the significant amount of time currently devoted to staff's review of ADU applications while also resulting in ADU provisions that more easily understood by homeowners, architects and contractors. For example, new definitions have been added to help clarify the meaning of key ADU related terms. Also, the ordinance would delete the requirement that applicants record a restrictive covenant, thus saving staff resources. Attachment No. 4 includes a table summarizing the major changes included in the draft ordinance, and a comparison to the City's current ADU regulations. Additional minor changes included in the ordinance are intended to provide clarifications to ensure compliance with State law and facilitate a more efficient review of ADU applications. For example, the proposed revisions to Chapter 3.62.040 (Parks and Recreation Mitigation Requirement), clarifies that ADUs are subject to a portion of the City's park fees, consistent with state law. For legislative matters related to land use, such as the proposed ordinance, the Planning Commission's role is to forward a written recommendation to the City Council. The Council is tentatively scheduled to consider the ADU ordinance at its regular meeting of March 24, 2021. Following adoption, consistent with state law, the City will forward its new ADU ordinance to HCD. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the City's CEQA guidelines, the project has been determined to be exempt from CEQA per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which state the adoption of an ordinance regarding second dwelling units (ADUs) to implement the provision of Section 65852.2 of the Government Code are exempt from the requirements of CEQA. PUBLIC NOTICE On February 18, a public hearing notice was published in the Westminster Herald. Notices were also posted at City Council Chambers, City Hall, Library, and on the City's website. At the time this report was completed, staff did not receive any comments. ATTACHMENTS 1. Draft Planning Commission Resolution and Exhibit A (Draft Ordinance) 2. Redlined Version of the Draft Ordinance 3. Current ADU Urgency Ordinance (Ordinance No. 2563) 4. Summary Table of Selected Changes AGENDA ITEM MEETING DATE: MARCH 3, 2021 CASE NO. 2021-0026 PAGE 3 OF 3 A '0460 "Wr ATTACHMENT 1 DRAFT PLANNING COMMISSION RESOLUTION A '0460 "Wr RESOLUTION NO. 21- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WESTMINSTER RECOMMENDING THAT THE MAYOR AND CITY COUNCIL ADOPT AMENDMENTS TO THE WESTMINSTER MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS (CASE NO. 2021-0026) WHEREAS, effective January 1, 2020 multiple new housing bills relating to accessory dwelling units (ADUs) became law, including AB 68, AB 881, SB 13, AB 587, and AB 670; and WHEREAS, these State laws are intended to address the State housing crisis by easing regulatory barriers for homeowners who choose to construct accessory dwelling units; and WHEREAS, accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled and others, at below market prices within existing neighborhoods; and homeowners who construct accessory dwelling units benefit from added income; and WHEREAS, allowing accessory dwelling units on lots developed with or proposed to be developed with a single-family residence provides additional rental housing stock; and WHEREAS, pursuant to the applicable provisions of the Westminster Municipal Code, the Planning Commission, at its regular meeting of March 3, 2021, held a duly noticed public hearing to consider the proposed Zoning Text Amendment; and WHEREAS, the Planning Commission, having duly considered all written and oral statements presented in regard to the Zoning Text Amendment (ZTA), has determined that the ZTA meets the intent and purpose of the City's Zoning Ordinance and will not impair the public health, safety, and general welfare; and NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: SECTION 1: Pursuant to the California Environmental Quality Act (CEQA) and the City's CEQA guidelines, the Planning Commission finds that recommendation of this ordinance to the City Council is not a project subject to CEQA because the recommendation is not final action on the ordinance. Moreover, the ordinance itself is exempt from CEQA per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which state the adoption of an ordinance regarding second dwelling units (ADUs) to implement the provision of Section 65852.2 of the Government Code are exempt from the requirements of CEQA. PLANNING CASE NO. 2021-0026 MARCH 3, 2021 PLANNING COMMISSION RESOLUTION PAGE 1 OF 4 SECTION 2: Pursuant to Section 17.620.030 of the Westminster Municipal Code, the Planning Commission hereby recommends the Mayor and City Council amend Title 17 (Land Use) of the Westminster Municipal Code and adopt new regulatory standards relating to accessory dwelling units as mandated by State law based upon the following findings: 1. The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan and will not create any inconsistencies with this Title, in the case of a Zoning Code amendment; The Zoning Text Amendment conforms to the City's General Plan because it facilitates the construction of accessory dwelling units (subject to limitations in terms of size, height, location, design, and parking standards) as a source of affordable housing consistent with goals and policies of the General Plan Housing Element. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; The proposed amendment, consistent with Government Code Section 65852.2 and 65852.22, ensures the character of the City's residential neighborhoods is preserved to the maximum extent possible. The new standards establish regulations upon height, size, location, and parking; which will ensure that ADUs will not create negative impacts and will be in harmony with the character of the community. 3. The proposed amendment is in compliance with the provisions of CEQA. Pursuant to the California Environmental Quality Act (CEQA) and the City's CEQA guidelines, the final approval of the ordinance is exempt from CEQA per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which state the adoption of an ordinance regarding second dwelling units (accessory dwelling units) to implement the provision of Section 65852.2 of the Government Code are exempt from the requirements of CEQA. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby recommends the Mayor and City Council adopt the proposed Zone Text Amendment as represented in the attached Exhibit "A". [continued on next page] PLANNING CASE NO. 2021-0026 MARCH 3, 2021 PLANNING COMMISSION RESOLUTION PAGE 2 OF 4 PASSED, APPROVED, AND ADOPTED this 3rd day of March 2021. Chair of the Planning Commission ATTEST: Steve Ratkay Secretary of the Planning Commission PLANNING CASE NO. 2021-0026 MARCH 3, 2021 PLANNING COMMISSION RESOLUTION PAGE 3 OF 4 STATE OF CALIFORNIA SS. COUNTY OF ORANGE I, Steve Ratkay, hereby certify that the foregoing resolution was adopted at a regular meeting of the Planning Commission of the City of Westminster held on March 3, 2021 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Secretary of the Planning Commission PLANNING CASE NO. 2021-0026 MARCH 3, 2021 PLANNING COMMISSION RESOLUTION PAGE 4 OF 4 EXHIBIT A DRAFT ORDINANCE A '0460 "Wr ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER TO AUTHORIZE ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS AND RELATED PARK FEES WHEREAS, effective January 1, 2020 multiple new housing bills relating to accessory dwelling units (ADUs) became law, including AB 68, AB 881, SB 13, AB 587, and AB 670; and WHEREAS, municipal regulations which are inconsistent with state law may be preempted; and WHEREAS, to preserve what limited authority the City has remaining to regulate ADUs, it is desirable that the City update its laws; WHEREAS, the city previously adopted Ordinance 2563 on an urgency basis to cause various revisions to the municipal code; WHEREAS, the city intends the revisions caused by Ordinance 2563 to remain in place except as stated in this ordinance; THE CITY COUNCIL OF THE CITY OF WESTMINSTER does ordain as follows: SECTION 1: General Plan Consistency. Pursuant to Section 17.620.030 of the Westminster Municipal Code, the Mayor and City Council approve a Zone Text Amendment (Case No. 2021-0026) related to accessory dwelling units, based upon the following findings: 1. The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan and will not create any inconsistencies with this Title, in the case of a Zoning Code amendment; The Zoning Text Amendment conforms to the City's General Plan because it facilitates the construction of ADUs (subject to limitations in terms of size, height, location, design, and parking standards) as a source of housing consistent with goals and policies of the General Plan Housing Element. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; The proposed amendment, consistent with Government Code Section 65852.2 and 65852.22, ensures the character of the City's residential neighborhoods is Page 1 of 19 preserved to the maximum extent possible. The new standards establish regulations upon height, size, location, and parking; which will ensure that ADUs will not create negative impacts and will be in harmony with the character of the community. 3. The proposed amendment is in compliance with the provisions of CEQA. Pursuant to the California Environmental Quality Act (CEQA) and the City's CEQA guidelines, the project has been determined to be exempt from CEQA per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which state the adoption of an ordinance regarding second dwelling units (ADUs) to implement the provision of Section 65852.2 of the Government Code are exempt from the requirements of CEQA. SECTION 2. Municipal Code Section 17.210.010. The City Council confirms that Section 17.210.010 (Residential Zoning District Land Uses and Permit Requirements) of Chapter 17.210 (Residential Zoning Districts) of Title 17 of the Westminster Municipal Code be amended as follows (new text, as compared to the law before Ordinance 2563 was enacted is underlined and removed text is strikethre nh). 17.210.010 Residential Zoning District Land Uses and Permit Requirements Table 2-2 Permitted Uses and Permit Requirements For Residential Zoning Districts Permit Requirements Land User by District See Specific Use Regulations RI R2 R3 R4 R54 Residential Accessory dwelling units and junior accessory dwelling units (in P P P P P Section conjunction with a single-family 17.400.135 or multifamily residence) SECTION 3. Municipal Code Section 17.400.120. The City Council confirms that Section 17.400.120 (Residential Uses--Single-Family Residential) of Chapter 17.400 (Standards for Specific Land Uses and Accessory Uses) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is c+riko+hre- nh): Page 2 of 19 A. Purpose and Intent. The purpose of this Section is to provide general development standards for single-family residences in any residential district unless noted otherwise. B. Development Standards. A single-family dwelling unit and any expansion of such unit shall comply with the following criteria. The Director may require recordation of a covenant stipulating the conditions of approval for any project approved hereunder, whenever, in the judgment of the Director, such a covenant is necessary to provide constructive notice to any successor in interest on the subject property as to the nature of the approval conferred hereunder. 1. The design of an addition shall be consistent with the design of the surrounding neighborhood and shall be compatible with the materials, color palette, architectural theme, and roof pitch of the existing dwelling unit. 2. Common interior access to all living, sleeping, eating, and food preparation areas shall be provided through common use areas or a common hallway, and the dwelling unit, including any additions, shall function as a single-family dwelling. No addition or modification to a single-family dwelling shall be permitted that facilitates subdividing the interior of the dwelling unit into separate areas that may be used as independent living space, or that subverts or violates the R1 zoning district regulations when a project is within an R1 district. 3. The second floor of the house shall not have a kitchen, a wet bar or the utilities available to facilitate the installation of kitchen facilities unless a second kitchen is approved pursuant to Section 17.400.135, Residential Uses— Accessory Dwelling Units. 4.� Each single-family dwelling shall have no more than one kitchen unless a second kitchen is approved pursuant to Section 17.400.135, Residential Uses—Accessory Dwelling Units. 5. 4– Three enclosed garage spaces with minimum interior dimensions of 10 feet by 20 feet each and 3 open parking spaces with minimum dimensions of 9 feet by 19 feet each shall be provided if a single-family dwelling has 5 or more bedrooms, or rooms which by the virtue of their design, location, and means of access within the dwelling can reasonably be used primarily for sleeping purposes without structural modifications. 6. &- An exterior door from a bedroom shall not be permitted except under the following conditions: a. Installation of the exterior bedroom door shall not facilitate subdivision of the interior of the dwelling unit into smaller, independent separate living or dwelling units. b. The door shall be decorative in nature and the area of the door shall be at least 50 percent translucent, such as a sliding glass door or French doors. c. The door shall provide access to an improved landscaped or recreational area, such as a garden, spa, or patio, in the rear or side yard. Page 3 of 19 If the exterior bedroom door opens onto a side yard, the side yard shall have a minimum dimension of 10 feet. 7. 6- If a wet bar is proposed, it shall be located in a common living space, such as a family room or living room, with open access to other areas of the home provided that the portion of the home containing the wet bar can comply with the standard outlined in Section 17.400.130.B.3. 8. -7�- Exterior stairs to the second floor or balcony of a single-family dwelling shall not be permitted except under the following conditions: a. Installation of the staircase shall not facilitate subdivision of the interior of the dwelling unit into smaller, independent living spaces or dwelling units including accessory dwelling units and junior accessory dwelling units. b. The exterior door leading to the second -floor landing of the staircase shall be decorative in nature and the area of the door shall be at least 50 percent translucent, such as a sliding glass door or French doors. P Thiz ser-eAd f l nn r of the �heuse shallet have a kitGh�e R r n r cw_QA_A_ kitru}tep .6 appFeved ur aRt tG SeGtinn 17 nnn 12C. Dooiilon�i�l vvcv loos GGeSonry DWelliRg I R#S cd. The staircase shall provide access from the second floor to an improved landscaped or recreational area, such as a garden, spa, or patio. de. The interior staircase of the dwelling shall be retained and shall be utilized as the primary means of access to the second floor of the dwelling. e#. A deed restriction stipulating compliance with the above conditions shall be recorded on property in all cases where a second floor exterior staircase is approved. 9. 9- Each single-family dwelling shall provide an enclosed 2 -car garage having a minimum interior dimension of 20 feet in width and 20 feet in depth, unless otherwise required by Section 17.400.120.B.4. A garage may have windows and may be finished with drywall provided that the garage shall not be used for habitable space and shall be available for storage of automobiles. The maximum size of a detached 2 -car garage shall be 550 square feet, and the maximum size for a 3 -car detached garage shall be 750 square feet. If the accessory dwelling unit's required parking space will be provided in a garage, the garage space for that parking space is exempt from the total maximum. Detached garages exceeding the established maximum size and attached garages exceeding 800 square feet in area are subject to an Administrative Use Permit, Chapter 17.550. SECTION 4. Municipal Code Section 17.400.135. The text of Municipal Code Section 17.400.135, entitled "Residential Uses—Accessory Dwelling Units" is deleted and replaced with the following: Page 4 of 19 A. Accessory dwelling units and junior accessory dwelling units —Purpose, definitions, general plan consistency. 1. Purpose. The intent of this Section is to ensure that ADUs and JADUs remain as an accessory use to a single-family residence, and multi -family residences, that the parcels are organized to accommodate an ADU and/or JADU, and that such dwelling units do not adversely impact surrounding residents or the community. 2. Definitions. For purposes of this section 17.400.135: a. "Accessory dwelling unit" has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. b. "ADU" means an accessory dwelling unit. c. "Attached ADU" means an ADU, other than a converted ADU, that is physically attached to a primary dwelling. This includes an ADU that is created by converting an existing part of the primary dwelling and expanding the dwelling to create a new unit. d. "Converted ADU" means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within all ora portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, and storage areas. e. "Detached ADU" means an ADU that is physically separated from, but located on the same lot as, a primary dwelling structure. f. Existing." A structure is "existing" if it was legally constructed and the construction has passed all required final inspections. g. "JADU" means a junior accessory dwelling unit. h. "Junior accessory dwelling unit" shall have same meaning as that stated in Government Code section 65852.22(h)(1) as that section may be amended time to time. i. "Passageway" has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. j. "Public transit", has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. k. "Tandem parking" has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. Page 5 of 19 3. General Plan Consistency. In adopting these standards, the City recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The City finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to ADUs, and that the amendment furthers the goals, objectives, and policies of the general plan housing element. B. Accessory dwelling units—Development standards. Residential Zone. Except as otherwise provided, ADUs shall conform to the development standards of the underlying zone, and are only permitted in zones that allow for residential development. 2. Location of ADUs. An ADU shall only be allowed on a lot within the City that contains or will be developed with a legal, single-family or multiple - family residence. 3. Number of ADUs per lot. a. For lots with an existing or proposed single-family dwelling, one ADU may be on the lot. b. For lots with an existing multi -family residential dwelling: No more than twenty-five percent (25%) of the number of the existing units, but at least one (1) unit, shall be permitted as ADUs constructed within the non -livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; and ii. Up to two (2) detached accessory units c. For lots without an existing multi -family residential structure where anew multi -family residential structure is proposed, up to two (2) detached ADUs may be on the lot, provided that: each ADUs complies with the development standards for ADUs in this subsection B (Accessory dwelling units – Development Standards); the property complies with all development standards applicable to multi -family dwellings in the underlying zoning district including, but not limited to, lot coverage, open space, parking, and landscaping requirements; and Page 6 of 19 iii. The property is not relying on any exception within B.4 (for units of 800 square feet or less), listed immediately below. 4. ADUs of 800 square feet or less. All development standards (including setbacks, lot coverage, open space, and landscaping requirements) are reduced solely to the extent necessary to allow either of the following: a. On a lot with a proposed or existing single family dwelling, one attached or detached ADU that is 800 square feet or less, with a height not exceeding sixteen (16) feet, with setbacks of at least four (4) feet from the side and rear yards and complies with applicable front yard setbacks. b. On a lot with an existing multi -family dwelling, up to two (2) detached ADUs that are 800 square feet or less and which have a height not exceeding (16) feet, and which comply with setbacks of at least four feet from the side and rear yards, and which comply with front yard setbacks. 5. Separate Entrances. An ADU shall have a main entrance separate from the primary home. 6. Number of Bedrooms. An ADU may not have more than four (4) bedrooms. 7. Park Fees. Applicants shall pay all applicable development impact fees, if any (See Section 3.62.040, "Parks and recreation mitigation requirement"). 8. City/public utilities. a. All ADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For example, if required by the building standards code, dwelling units that are proposed to be installed on a property with only septic tanks are prohibited. b. Except for ADUs created solely by converting an existing single family dwelling or a single-family accessory structure, the city may require a separate utility connection. 9. Building Code / Minimum Size. All new ADUs must comply with Title 15 of the Municipal Code ("Buildings and Construction") and any other applicable provisions of the California Building Standards Code, including minimum permissible sizes for dwellings (typically 220 square feet). However, fire sprinklers shall not be required if they are not required for the primary residence. 10. Maximum Size. ADUs shall not exceed the size standards listed below: Page 7 of 19 a. Attached ADUs: The maximum floor area of an attached ADU shall be 1,200 square feet or 50% of the living area of the primary dwelling, whichever is greater. b. Detached ADUs: 1,200 square feet of floor area. C. Conversion. An ADU which is converted entirely from within a lawful existing structure is not subject to a maximum floor area requirement. The resultant primary dwelling does need not comply with the minimum floor area requirements of Municipal Code 17.210.015, although it must still comply with building standards code requirements relating to minimum floor areas. 11. Lot Coverage. In general, the lot coverage for all ADUs shall be subject to the lot coverage requirements of Section 17.210.015. However, ADUs which are 800 square feet or less are exempt from the total lot coverage calculation. 12. Setbacks. a. Setbacks for Converted ADUs. No setbacks are required for either: (i) those portions of ADUs that are created by converting existing living area or existing accessory structures to new ADUs; or (ii) constructing new ADUs in the same location and to the same dimensions as an existing structure. b. Setbacks for Non -Converted ADUs. For all other ADUs, there must be a minimum of four (4) feet of setbacks from side and rear lot lines and comply with all applicable front yard setbacks. C. Distance Between Structures on a Single Family Lot. For a single- family zoned lot, for any detached ADU which is new construction, there must be at least six (6) feet between the ADU and the single family dwelling and all other detached accessory structures. d. Distance Between Buildings on a lot with Multi -Family Zoning. For a lot in a multifamily zone, newly constructed detached ADUs must be at least ten (10) feet from any other dwelling units (other than detached ADUs that are attached to each other) on the property, and at least six (6) feet from accessory structures. e. Public/Private Easements. No portion of an ADU (whether new construction or converted from existing space) may encroach into any public or private easement such as a utility easement unless the easement holder has provided written permission to construct the ADU in the manner proposed. Roof eaves may not be eliminated to meet the easement requirements. To establish a rebuttable Page 8 of 19 presumption of compliance with these easement requirements, applicants may provide to the city a written declaration, in a form acceptable to the City Attorney, affirming under penalty of perjury compliance with these requirements. 13. Open Space. a. Single Family. For lots with a single family development, there are no open space requirements for an ADU. However, if the primary dwelling requires open space for a reduced setback per Section 17.210.015, ADUs of 800 square feet or less may have such requirements reduced, as described in subsection B.4, above. b. Multifamily. For a lot which has an existing multifamily structure, there are no open space requirements for the ADU. However, all open space, lot coverage, open space standards for the primary dwelling shall apply except to the extent that such standards would prohibit up to two detached ADUs which do not exceed 800 square feet in size, which are no taller than sixteen feet in height and which comply with four foot rear and side yard setback per Section B.3. 14. Height. ADUs shall not exceed the height of 16' unless the units are within the existing space of a single-family dwelling, an accessory structure or multi -family dwelling. ADUs may be permitted on the upper floor of a newly constructed single family home. 15. Stairways. An ADU proposed within the second floor of an existing or proposed single-family dwelling shall not have exterior stairways. 16. Design requirements for new units. The exterior design features of the ADU shall be similar to and compatible with the primary dwelling. These features shall include, but are not limited to roofing material, roof design, roof pitch, exterior building finish/materials, and color. The color of the ADU shall match the color of the primary dwelling. 17. Parking. a. In addition to the required parking for the primary unit, one parking space shall be provided unless the ADU has no bedrooms (e.g., a studio), in which case no parking space is required. The required parking space may be provided as: i. Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or Page 9 of 19 ii. Within a setback area or as tandem parking unless the Director determines that parking in the setback or tandem parking is not feasible based upon specified site or regional topographical or fire and life safety conditions. b. Notwithstanding the foregoing, no parking space shall be required for an ADU if: It is located within one-half mile walking distance of public transit; ii. It is located within an architecturally and historically significant district; iii. It is part of a proposed or existing primary residence or accessory structure; iv. When on -street parking permits are required but not offered to the occupant ofthe ADU; or v. Where there is a car share vehicle located within one block of the ADU. 18. Corner Lot Driveways. Up to two driveways may be on one corner lot if the site is developed with an ADU, provided that each driveway is on different sides of the lot, and further provided that the proposed location for the driveway meets all applicable standards of the City's public works department. A second driveway may be installed regardless of whether the driveway leads to a garage. 19. Porches and Landings. a. Raised landings. Raised landings and platforms shall only lead into an exterior entryway of an ADU and shall not exceed 50 inches in depth nor more than six inches in excess of the width of the adjoining doorway. b. Porches and Patio Covers. If an unenclosed covered porch or covered area will be no more than 200 square feet, will be attached to a detached ADU, and an entrance to the ADU can be accessed through the porch/covered area, the covered porch/covered area shall not be required to meet the requirement of Municipal Code section 17.400.130.B.2.a to have at least 1,000 square feet of contiguous open space in the rear yard. 20. ADU within a New Single Family Residence. a. Within Single Family Dwelling. On a lot with a proposed single-family dwelling in a residential or mixed-use zone, up to one detached ADU Page 10 of 19 may be constructed, or one ADU may be constructed within the single- family residence. If an ADU is to be constructed within a new single- family dwelling, such ADU is allowed only if the single-family dwelling complies with all applicable requirements for single-family residential dwellings including lot coverage, setbacks, etc. b. Second Story. If the ADU is located on the upper floor of the new single- family dwelling, or if the ADU contains a second floor, the ADU shall also comply with all applicable requirements for single family homes including setbacks, lot coverage, etc. 21. Conversion of Structures (Including Garages). For purposes of determining whether an ADU is allowed, the development standards for lot coverage, open space, and setbacks, contained in this Title do not apply to the following units if they are within a residential or mixed-use zone. Further, such units may be on any floor of an existing structure. a. Single Family Unit. On a lot with an existing single-family dwelling in a residential or mixed-use zone, up to one ADU may be constructed within the single-family residence or within an accessory structure. Such ADU must have exterior access and side and rear setbacks sufficient for fire safety. An expansion of to one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure to accommodate access to the ADU is allowed. b. Multifamily Unit. ADUs may be constructed within those portions of existing lawful multifamily structures that are not used as livable space (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior ADUs permitted on the lot shall not exceed twenty-five percent (25%) of the current number of units of the multi -family complex on the lot and at least one such unit shall be allowed. 22. Garage Conversions a. Parking. When a garage, carport, or covered parking structure is demolished for the purpose of allowing a new ADU, the off-street parking spaces do not have to be replaced. b. Demolition. No garage may be demolished without first having obtained a demolition permit. C. Driveway. The existing driveway leading to a garage may remain. The driveway may only be removed if it is replaced with landscaping or open space, and the curb cut and driveway apron are removed and replaced with a curb and gutter which meet City standards. Page 11 of 19 23. Conversion of Existing Primary Unit. When a new, larger primary residence is proposed to be constructed, the entirety of an existing single-family dwelling may be converted to an ADU if the lot is in a single family zone and the converted structure complies with all applicable requirements of this chapter applicable to single family homes. 24. Short Term Rentals Prohibited. ADUs may not be rented for periods shorter than 31 days. 25. Separate Sale Prohibited. Except as otherwise provided by law (e.g., Government Code section 65852.26), ADUs may not be sold or otherwise conveyed separate from the primary residence. 26. Nonconforming. ADUs shall not be required to correct legal nonconforming zoning conditions as a pre -condition to obtaining authorization to construct. 27. Affordability Information (RHNA). Applicants shall provide the city with all information reasonably requested by city to allow the city to attempt to cause each ADU to qualify as "low-income" housing for purposes of the Regional Housing Needs Assessment (RHNA). C. Junior Accessory Dwelling Units. Purposes. This section provides standards for the establishment of JADUs. JADUs will typically be smaller than an ADU, will be constructed within the walls of an existing or proposed single family residence, and requires owner occupancy in the single-family residence where the unit is located. 2. Number. No more than one JADU may be on a lot. 3. Size. A JADU shall not exceed 500 square feet in size. ADUs must comply with Title 15 of the Municipal Code ("Buildings and Construction") and any other applicable provisions of the California Building Standards Code, including minimum permissible sizes for dwellings (typically 220 square feet). 4. Zone. A JADU must be within a residential or mixed-use zone. 5. Owner Occupancy: The owner of a parcel proposed for a JADU shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner -occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time. Page 12 of 19 6. Sale Prohibited. A JADU shall not be sold independently of the primary dwelling on the parcel. 7. Short term rentals. The JADU shall not be rented for periods of less than 31 days. 8. Within Residence / Attached Garage. A JADU shall be entirely within either a single-family residence or an existing attached garage. 9. Within Attached Garages. If a JADU is within an attached garage, the lost parking spaces need not be replaced. 10. Entrances/Restrooms. A JADU shall have an exterior entrance separate from the primary dwelling. However, it may share restroom facilities with the primary dwelling. Exterior entryways for JADUs shall follow the provisions for single family homes in subsection B.6 of Section 17.400.120, as that section may be amended from time to time. 11. Kitchen Requirements. The JADU shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. 12. Parking. No additional parking is required beyond that already required for the primary dwelling. 13. Fire Protection; Utility Service. All JADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a JADU shall not be considered a separate or new unit, unless the JADU was constructed in conjunction with a new single-family dwelling. No separate connection between the JADU and the utility shall be required for units created within a single-family dwelling, unless the JADU is being constructed in connection with a new single-family dwelling. 14. Deed Restriction. Prior to the issuance of a building permit for a JADU, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the JADU separate from the sale of the single-family residence, requires owner -occupancy consistent with subsection (5) above, does not permit rentals for periods of less than 31 days, and restricts the size and attributes of the junior dwelling unit to those that conform with this section. 15. Nonconforming. JADUs shall not be required to correct legal nonconforming zoning conditions as a pre -condition to obtaining authorization to construct. 16. Affordability Information (RHNA). Applicants shall provide the city with all information reasonably requested by city to allow the city to attempt to cause Page 13 of 19 each JADU to qualify as "low-income" housing for purposes of the Regional Housing Needs Assessment (RHNA). SECTION 5. Municipal Code Section 17.515.010. The City Council confirms that Section 17.515.010 (Applicability) of Chapter 17.515 (Zoning Clearance) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is 17.515.010 Applicability A. General Applicability. Zoning Clearance shall be required in conjunction with Division review of any building or grading permit, business tax certificate (business license), or other authorization required by the WMC or this Title or for any new use or change of use. Where no other authorization is required, (e.g., Building Permit) Zoning Clearance shall be obtained from the Division before the commencement of any business or land use activity. The Director has the discretion on a case-by-case basis to determine that an application is subject to Development Review and require noticing and/or defer the action to the Commission based on criteria including traffic, parking demand, building shade, shadow, scale, design and other potential impacts. B. ADUs and JADUs. Any application for an ADU or JADU that meets the reauirements of 17.400.135 shall be aaaroved ministeriallv. SECTION 6. Municipal Code Section 17.520.010. The City Council confirms that Subsection C of Section 17.520.010 (Applicability) of Chapter 17.520 (Development Review) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is strikethreug ): 17.520.010 Applicability C. Exempt from Development Review. The following projects are exempt from Development Review but are subject to Zoning Clearance except subsection (3): 1. Any construction, addition, or alteration to an individual single-family or two- family dwelling or appurtenant structure, or 2 single-family dwellings on a single parcel or an accessory dwelling unit or junior accessory dwelling unit. SECTION 7. Municipal Code Section 17.700.010. The City Council confirms that the definition of "accessory dwelling unit" in Section 17.700.010 (Definitions of Specialized Terms and Phrases) of Chapter 17.700 (Definitions of Specialized Terms) of Title 17 of the Westminster Municipal Code is to be amended as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is 6tFikethFG irrh): Page 14 of 19 17.700.010 Definitions of Specialized Terms and Phrases Accessory !?,'!'!,'7.. Dwelling Unit. NO MY See Government Code section 65852.2. AR attar-, .. M_ 00 - Will k I _. WN�Wfflffil SECTION 8. Municipal Code Section 3.62.040. Section 3.62.040 of the Municipal Code (Parks and recreation mitigation requirement) is revised as follows (new text as compared to the law before Ordinance 2563 was enacted is underlined and removed text is strikethre g4): 3.62.040 Parks and recreation mitigation requirement Except as provided in Section 3.62.050, the developer of a project shall pay a parks and recreation development impact fee in accordance with the following: A. Parks and Recreation Development Impact Fee. Fees shall be computed as follows: 1. For single-family residential development projects that result in the addition of a dwelling unit: a. $13,760 per single-family dwelling unit. (This amount is updated annually per section 3.62.080). b. For an accessory dwelling unit on a single-family property, the maximum fee allowed by law, but in no event more than the amount authorized by subsection A.1.a, above. See California Government Code 65852.2(f). 2. For multi -family residential development projects that result in the addition of a dwelling unit: a. $10,158 per multi -family dwelling unit. (This amount is updated annually per section 3.62.080). Page 15 of 19 b. For an accessory dwelling unit on a multi -family property, the maximum fee allowed by law, but in no event more than the amount authorized by subsection A.2.a. See California Government Code � 65852.2(f). 3. The land use categories identified in subsections (A)(1) and (A)(2) of this section shall have the following meanings: a. Single-family residential shall include single-family. b. Multi -family residential shall include: senior housing and multi -family. 4. The amount of legally permitted dwelling unit(s) to be demolished in an existing building or structure as a part of a project shall be a credit in the calculation of the parks and recreation development impact fee. B. Timing of Fee Payment. 1. The project applicant shall pay fees according to the schedule of fees in place on the date the fees are paid, except that the applicant for a vesting tentative map for a development project shall pay the fees in effect on the date the application for the vesting tentative map is deemed complete, as automatically adjusted. 2. No building permit for any project shall be issued unless the fees have been paid, except where state law requires payment before final inspection or the issuance of certificate of occupancy, whichever comes first. If state law applies, a contract to pay the fees shall be executed with the city, in which case, no final inspection shall be approved until the fees have been paid. If a residential development project contains more than one dwelling unit and is approved for development in phases, the developer shall pay the fees in installments based on the phasing of the residential development project. Each fee installment shall be paid at the time when the first dwelling unit within each phase of development is ready to be issued a building permit. SECTION 9. Reaffirming Chapter 3.62 The City Council affirms the applicability of all of Municipal Code Chapter 3.62 to this ordinance, including sections 3.62.100 and 3.62.110, which provide: 3.62.100 Fee revisions by resolution. The amount of the parks and recreation development impact fees and the formula for the automatic annual adjustment established by this chapter may be reviewed and revised periodically by resolution of the city council. This chapter shall be considered enabling and directive in this regard. 3.62.110 Regulations. Page 16 of 19 The city manager, or designee, is authorized to adopt written administrative regulations or guidelines that are consistent with and that further the terms and requirements set forth within this chapter. SECTION 10. Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") under Public Resources Code § 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines §§ 15282(h) [statutory exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to land]. This ordinance is also exempt under CEQA Guidelines section 15061, because this ordinance will not have a significant effect on the environment, because ADUs will largely constitute infill housing which is exempt from CEQA. SECTION 11. Inconsistencies. Any provision of this ordinance which is inconsistent with state law shall be interpreted in a manner to be consistent with state law. If any provision of the Westminster Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. This applies specifically to Urgency Ordinance 2563 as this Ordinance is intended to repeal such ordinance, and to cause this ordinance to apply in its place to the extent that there are any differences between this ordinance and the Urgency Ordinance. SECTION 12. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Westminster hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 13. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. SECTION 14. Transmit Ordinance to HCD. The City Clerk is directed to send a copy of this ordinance to the Department of Housing and Community Development within 60 days of the adoption of this ordinance. SECTION 15. Processing Existing Applications. For applications which involve ADUs and/or JADUs which were officially submitted to the City as of the effective date of this ordinance (i.e., city staff issued a building permit number or case number), the portions of the applications that apply to ADUs and JADUs shall be processed subject to Page 17 of 19 the requirements of this ordinance. All other applications which involve ADUs and/or JADUs shall be processed pursuant to the requirements of Urgency Ordinance No. 2563. SECTION 16. The City Clerk shall certify to the passage and adoption of this ordinance and cause the same to be published in the manner required by law. This ordinance shall become effective thirty (30) days from and after its passage. Approved for introduction at a regular meeting on the 24th day of March 2021 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: PASSED, APPROVED, AND ADOPTED this th day of 2021 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: TRI TA, MAYOR ATTEST: CHRISTINE CORDON, CITY CLERK APPROVED AS TO FORM: RICHARD D. JONES, CITY ATTORNEY Page 18 of 19 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF WESTMINSTER ) I, CHRISTINE CORDON, City Clerk of Westminster, do hereby certify that the foregoing ordinance was introduced on the 24th day of March 2021, was regularly adopted at a meeting thereof on the 24th day of March 2021, and was published/posted pursuant to law. Christine Cordon, City Clerk Page 19 of 19 A '0460 "Wr ATTACHMENT 2 REDLINED VERSION OF THE DRAFT ORDINANCE A '0460 "Wr 1'��3 Resmdential Uses Proposed for 2021 A. Accessory Owelling Units A. Aeeessor-y Dwelling Units and junior- Aeeessor-y Dwelling dwelling units and iunior accessory dwelling units —Purpose, Definitions, Oeetipanedefinitions, general plan consistency. 1. --Purpose.- The intent of this Section is to ensure that d e"irg „ its ADUs and JADUs remain as an accessory use to a single-family residence, and mii'*�ymulti-family residences, that the parcels are organized to accommodate an eeeessei=y d e'�ADU and/or d e"iiig ttr JADU, and that such dwelling units do not adversely impact surrounding residents or the community. 2.--Definitions.--For purposes of this Seel ai 1 nnn 135:section 17.400.135: a. 44ie tefms "aeeesse "Accessory dwelling unit," "p4lie transit," "pasragewa-y" a*d 4a*dem 'fie" has the same meaning as that stated in Ge-,4efff f „iii Code c,,e6ei Government Code section 65852.2 as that section may be amended time to time. fib. "ADU" means an accessory dwelline unit. C. "Attached ADU" means an ADU. other than a converted ADU. that is ahvsically attached to a primary dwelling. This includes an ADU that is created by converting an existing part of the primary dwelling and expanding the dwelling to create a new unit. d. "Converted ADU" means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within all or a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, and storage areas. e. "Detached ADU" means an ADU that is ahvsically seoarated from. but located on the same lot as, a primary dwelling structure. f. Existing." A structure is "existing" if it was legally constructed and the construction has passed all required final inspections. "JADU" means a iunior accessory dwelline unit. h. "Junior accessory dwelling unit" shall have same meaning as that stated in Code Government Code section 65852.22(h)(1) as that section may be amended time to time. i. "Passageway" has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. i. "Public transit", has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. k. "Tandem parking" has the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. 3. General Plan Consistency. In adopting these standards, the City recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general is occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to ADUs, and that the amendment furthers the goals, objectives, and policies of the general plan housing element. B. Accessory dwelling units—Development standards. 1. Residential Zone. Except as otherwise provided by law, aeeesrafy dwelli+ig „tnits and +iet be sold or- athefwise eativeyed separate 4em the pr-imafy r-eside+iee. Re+ital period shall tie� B. Aceessor-y Dwelling Units Development Standards. &ieept as ethefwise pr-OVided be!E)W Or- i1i S-HbSeetiEffl r Okli S SeetiOff, d e"iog - 14 ADUs shall conform to the development standards of the underlying zone, and are only permitted in zones that allow for residential development. z. Legalese-s4demee. ^ ii aeeessaf a•- e"irg tri*2 Location of ADUs. An ADU shall only be allowed on a lot within the City that contains or will be developed with a legal, single-family or multiple -family residence Em a lat.. street side yar-d sethaek-s-. Et. 3. Number of ADUs per lot. a. For lots with an existing or proposed of existiiig single-family fesideiiees iia faefe tha- dwelling, one aeeessafy d e"itig -m14 a*a +ia e *hail aaeeessafy d e"i„g a r4 ADU may be on the lot. b. --For lots with an existing multi -family residential dwellings: i.— No more than twenty-five percent (25-pefee+A% of the number of the existing units, but at least one unit, shall be permitted as aeeessaf d e4i*g s.ADUs constructed within the non -livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; and ii. NE) ro 4a+ Up to two detached accessory dwellifig units C. For lots without an existing multi -family residential structure where a new multi -family residential structure is proposed, up to two (2) detached ADUs may be on the lot, provided thatiie-Stle tmit sh�'�e e tha* 16 feet eigk _ i. each stieh tiiii ADUs complies with the development standards for ADUs in this subsection B (Accessory dwelling units – Development Standards); ii. the property complies with all development standards applicable to multi -family dwellings in the underlying zoning district including, but not limited to, lot coverage, open space, parking, and landscaping requirements; and iii. The property is not relying on any exception within B.4 (for units of 800 square feet or less), listed immediately below. 4. ADUs of 800 sauare feet or less. All develoament standards (includine setbacks. lot coveraee. open space, and landscaping requirements) are reduced solely to the extent necessary to allow either of the following: a. On a lot with a proposed or existing single family dwelling, one attached or detached ADU that is 800 square feet or less, with a height not exceeding sixteen (16) feet, with setbacks of at least four (4) feet from the side and rear yards and complies with applicable front yard aRa spree+ side setbacks. b. On a lot with an existing multi -family dwelling, up to two (2) detached ADUs that are 800 square feet or less and which have a height not exceeding (16) feet, and which comply with setbacks of at least four feet from the side and rear yards, and which comply with front yard setbacks, alia meets roar Yard 5. Separate Entrances. An ADU shall have a main entrance separate from the primary home. 6. Number of Bedrooms. An ADU may not have more than four (4) bedrooms. 7. Park Fees. Applicants shall pay all applicable development impact fees, if any (See Section 3.62.040, "Parks and recreation mitigation requirement" 8. City/public utilities. a. All ADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For example, if required by the building standards code, dwelling units that are proposed to be installed on a property with only septic tanks are prohibited. b. Except for ADUs created solely by converting an existing single family dwelling or a single-family accessory dwelli+ig iatiits ati lets with &iisti+ig mialti family r-eside+itia4 dwelli+igs shall eemply w44 the 1;.f.;tS Ser f ,-4l. L. G 1' scc rr. ��J��eEt�en Rv�r� i� ��t�e„ structure, the city may require a separate utility connection. -7--9. Building Code / Minimum Size. All new ADUs must comply with Title 15 of the Municipal Code ("Buildings and Construction") and any other applicable provisions of the r.,l;f ,.v.;., Bti la;ii„ c*.,ra., .as redo California Building Standards Code, including minimum permissible sizes for dwellings (typically 220 square feet). However, fire sprinklers shall not be required if they are not required for the primary residence. 9-10.Maximum Size. ADUs shall not exceed the size standards listed below: a. Attached ADUs: The maximum floor area of an attached ADU shall be 1,200 square feet or 50% of the living area of the primary dwelling, whichever is greater. b. Detached ADUs: 1.200 sauare feet of floor area. C. Conversion. An ADU which is converted entirely from within a lawful existing structure is not subject to a maximum floor area requirement. The resultant primary dwelling does need not comply with the minimum floor area requirements of Municipal Code 17.210.015, although it must still comply with building standards code requirements relating to minimum floor areas. 11. Lot Coverage. In general, the lot coverage for all ADUs shall be subject to the lot coverage requirements of Section 17.210.015. However, ADUs which are 800 square feet or less are exempt from the total lot coverage calculation. 12. Setbacks. a. Setbacks for Converted ADUs. No setbacks are required for either: (i) those portions of ADUs that are created by converting existing living area or existing accessory structures to new ADUs; or (ii) constructing new ADUs in the same location and to the same dimensions as an existing structure. b. Setbacks for Non -Converted ADUs. For all other ADUs, there must be a minimum of four (4) feet of setbacks from side and rear lot lines and comply with all applicable front yard setbacks. C. Distance Between Structures on a Single Family Lot. For a single-family zoned lot, for any detached ADU which is new construction, there must be at least six (6) feet between the ADU and the single family dwelling and all other detached accessory structures. d. Distance Between Buildings on a lot with Multi -Family Zoning. For a lot in a multifamily zone, newly constructed detached ADUs must be at least ten (10) feet from any other dwelling units (other than detached ADUs that are attached to each other) on the property, and at least six (6) feet from accessory structures. e. Public/Private Easements. No portion of an ADU (whether new construction or converted from existing space) may encroach into any public or private easement such as a utility easement unless the easement holder has provided written permission to construct the ADU in the manner proposed. Roof eaves may not be eliminated to meet the easement requirements. To establish a rebuttable presumption of compliance with these easement requirements, applicants may provide to the city a written declaration, in a form acceptable to the City Attorney, affirming under penalty of perjury compliance with these reauirements. 13. Oben Space. a. Single Family. For lots with a single family development, there are no open space requirements for an ADU. However, if the primary dwelling requires open space for a reduced setback per Section 17.210.015, ADUs of 800 square feet or less may have such requirements reduced, as described in subsection B.4, above. b. Multifamily. For a lot which has an existing multifamily structure, there are no open space requirements for the ADU. However, all open space, lot coverage, open space standards for the primary dwelling shall apply except to the extent that such standards would prohibit up to two detached ADUs which do not exceed 800 square feet in size, which are no taller than sixteen feet in height and which comply with four foot rear and side yard setback per Section B.3. 14. Height. ADUs shall not exceed the height of 16' unless the units are within the existing space of a single-family dwelling, an accessory structure or multi -family dwelling. ADUs may be permitted on the upper floor of a newly constructed single family home. 15. Stairways. An ADU proposed within the second floor of an existing or proposed single-family dwelling shall not have exterior stairways. 16. Design requirements for new units. The exterior design features of the ADU shall be similar to and compatible with the primary dwelling. These features shall include, but are not limited to roofing material, roof design, roof pitch, exterior building finish/materials, and color. The color of the ADU shall match the color of the primary dwelling. 17. Parking. a. =1n addition to the required parking for the primary unit, one parking space shall be provided unless the aeeessat: d e"iiig 1 ADU has no bedrooms (e.g., a studio), in which case no parking space is required._ The required parking space may be provided as: i. --Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or ii. --Within a setback area or as tandem parking unless the Director determines that parking in lee4 „rs detefmi+iea the setback or tandem parking is not feasible by t4e G4Yfor- siie4 Hse. LeeatIORS will be detef hied ;re asib'o based upon specifieed site or regional topographical or fire and life safety conditions, t44 it ; at .:muted an . i.o.o else ;1 too r4y, b. --Notwithstanding the foregoing, no parking space shall be required for an Eteeessefy awe4iRD tff+4ADU if: —It is located within one-half mile walking distance of public transit; ii. --It is located within an architecturally and historically significant district; iii. --It is part of a proposed or existing primary residence or accessory structure; iv. --When on -street parking permits are required but not offered to the occupant of the eeeesser� d elliii , , r;+^ DU; or v.— Where there is a car share vehicle located within one block of the aeeessef d e"irg M4 DU. W. C—on", fwio,t „f.,vistin . Ni'. 4;;18. Corner Lot Driveways. Up to two driveways may be on one corner lot if the site is developed with an ADU, provided that each driveway is on different sides of the lot, and further provided that the proposed location for the driveway meets all applicable standards of the City's public works department. A second driveway may be installed regardless of whether the drivewav leads to a garage. 19. Porches and Landings. a. Raised landings. Raised landings and platforms shall only lead into an exterior entryway of an ADU and shall not exceed 50 inches in depth nor more than six inches in excess of the width of the adjoining doorway. b. Porches and Patio Covers. If an unenclosed covered porch or covered area will be no more than 200 square feet, will be attached to a detached ADU, and an entrance to the ADU can be accessed through the porch/covered area, the covered porch/covered area shall not be required to meet the uirement of Municipal Code section 17.400.130.B.2.a to have at least 1.000 sauare feet of contiguous open space in the rear yard. 20. ADU within a New Single Family Residence. a. Within Single Family Dwelling. On a lot with a proposed single-family dwelling in a residential or mixed-use zone, up to one detached ADU may be constructed, or one ADU may be constructed within the single-family residence. If an ADU is to be constructed within a new single-family dwelling, such ADU is allowed only if the single-family dwelling complies with all applicable requirements for single-family residential dwellings including lot coverage, setbacks, etc. b. Second Story. If the ADU is located on the upper floor of the new single-family dwelling, or if the ADU contains a second floor, the ADU shall also comply with all applicable requirements for single family homes including setbacks, lot coverage, etc. 21. Conversion of Structures (Including Garages). For purposes of determining whether an ADU is allowed, the development standards for lot coverage, open space, and setbacks, contained in this Title do not apply to the following units if they are within a residential or mixed-use zone. Further, such units may be on any floor of an existing structure. a. Single Family Unit. On a lot with an existing single-family dwelling may be ea+l *oa to '.,,gef pfim+F lin a residential or mixed-use zone, up to one ADU may be constructed within the single-family residence rte. s�rr reee*:�aseeeer.�s�ree*essssas es�Rsrs�ss��r_�eee�rs8mm R�lff . �L'�. .!�!!1Rllrsf!!llLei'!!!!t'�'.flEfff!T�I�LZ!ll�f�l�lllR.Si sqttafefee�.within an accessory structure. Such ADU must have exterior access and side and rear setbacks sufficient for fire safety. An expansion of to one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure to accommodate iiiafess a+Id egfess. 4:4e access to the ADLVis allowed. n. ^ eeessei-, a.. e"irg „r:*s Multifamily Unit. ADUs may be constructed within those portions of a.. existin lawful multifamily structures that are not used as livable space within a I'i (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior ADUs permitted on the lot shall not exceed twenty-five percent (25-pefee+4_toj of the current number of units of the multi -family complex on the lot and at least one such unit shall be allowed; ate_ r22. Garage Conversions a. Parking. When a garage, carport, or covered parking structure is demolished for the purpose of allowing a new ADU, the off-street parking spaces do not have to ? a_tEtehe Eteeessefy aw_'_'__~a _.~_+sbe replaced. b. Demolition. No garage may be demolished without first having obtained a demolition permit. C. Driveway. The existing driveway leading to a garage may remain. The driveway may only be removed if it is replaced with landscaping or open space, and the curb cut and driveway apron are removed and replaced with a curb and gutter which meet City standards. 23. Conversion of Existing Primary Unit. When a new, larger primary residence is proposed to be constructed, the entirety of an existing single-family dwelling may be converted to an ADU if the lot is in a single family zone and the converted structure complies with all applicable requirements of this chapter applicable to single family homes. 24. Short Term Rentals Prohibited. ADUs may not be rented for periods shorter than 31 days. 25. Separate Sale Prohibited. Except as otherwise provided t4ey,are +1e t44er-than 16 feet, a*d t4ey have at least 4 feet E4 side a*d r -ear- yar-d se�baeks +iet to &Eeeed 800 sq-aafe feet 41 4E)E)r- by law (e.g., Government Code section 65852.26), ADUs may not be sold or otherwise conveyed separate from the rimary residence. In adopting these standards. the Citv recognizes that the aaaroval of dwelling units may. in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. geals, Qbreeti.es, aad palieies ak4e ge+ief 4 pla , atts; tig element. E. Nonconforming. ADUs shall not be required to correct legal nonconforming zoning conditions as a pre -condition to obtaining authorization to construct. 27. Affordability Information (RHNA). Applicants shall provide the city with all information reasonablv reauested by city to allow the citv to attempt to cause each ADU to aualifv as "low-income" housing for purposes of the Regional Housing Needs Assessment (RHNA). C. Junior Accessory Dwelling Units_ 1.—_Purposes=. This section provides standards for the establishment of :,,r: �������Fy d e"irg JADUs. JADUs will typically be smaller than an Eteeesse_y _..._____D tt tADU, will be constructed within the walls of an existing or proposed single family residence, and requires owner occupancy in the single _family residence where the unit is located. 1-2. Number. No more than one JADU may be on a lot. 3. Size-;--. A,* ADU shall not exceed 500 square feet in size. ADUs must comply with Title 15 of the Municipal Code ("Buildings and Construction") and any other applicable provisions of the California Building Standards Code, including minimum permissible sizes for dwellings (typically 220 square feet). 34. Zone. A JADU must be within a residential or mixed-use zone. 5. Owner Occupancy: _The owner of a parcel proposed for a Jenfief aeeess fy dwelling ttff4 ADU shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner - occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in r, eef: fAe+i+ Code Government Code Section 65589.5(k)(2), as that section may be amended from time to time. 4-6. Sale Prohibited= A:,, ;" ­ nessaf d e"i„g„r:*JADU shall not be sold independently of the primary dwelling on the parcel. 7. Short "- N'o'erm rentals. Thejtffiief aeeessafy d e"irg ­ff4 ADU shall not be rented for periods of 381ess than 31 days. 8. Within Residence / Attached Garage. A }tRiaf aeeessafy d e"irg „ iidADU shall be entirely within either a single-family residence- or an existing attached garage. �.-9. Within Attached Garages. If a JADU is within an attached garage, the lost parking spaces need not be replaced. 10. Entrances/Restrooms. A JADU shall have an exterior entrance separate from the primary dwelling. However, it may share restroom facilities with the primary dwelling. Exterior entryways for JADUs shall follow the provisions for single family homes in subsection B.6 of Section 17.400.120, as that section may be amended from time to time. 11. Kitchen Requirements=. The; tffiie. aeeess .., d e"irg „ff4JADU shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the d e"i„g ttn74 ADU. �9­12.Parking.-_No additional parking is required beyond that already required for the primary dwelling. 9-13.Fire Protection; Utility Service. -All JADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a, JADU shall not be considered a separate or new unit, unless the; d e'�JADU was constructed in conjunction with a new single-family dwelling. _No separate connection between the; ADU and the utility shall be required for units created within a single-family dwelling, unless the *,,-,*-.---o--af d e"irg ti : JADU is being constructed in connection with a new single-family dwelling. 4-0-14.Deed Restriction. -_Prior to the issuance of a building permit for a ;,,n,, . aeeesst: d e"irg ttR4J the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the; ADU separate from the sale of the single- family residence, requires owner -occupancy consistent with subsection (L5) above, does not permit rentals for periods 3-0of less than 31 daysE)r- slief4er-, and restricts the size and attributes of the junior dwelling unit to those that conform with this section. 1s. Nonconforming. JADUs shall not be required to correct legal nonconforming zoning conditions as a pre -condition to obtainine authorization to construct. 16. Affordability Information (RHNA). Applicants shall provide the city with all information reasonably requested by city to allow the city to attempt to cause each JADU to qualify as "low-income" housing for purposes of the Regional Housing Needs Assessment (RHNA). A '0460 "Wr ATTACHMENT 3 CURRENT ADU URGENCY ORDINANCE (ORDINANCE NO. 2563) A '0460 "Wr ORDINANCE NO. 2563 AN URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER AUTHORIZING ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS WHEREAS, effective January 1, 2020 multiple new housing bills relating to accessory dwelling units (ADUs) will become law, including AB 68, AB 881, SB 13, AB 587, and AB 670; and WHEREAS, municipal regulations which are inconsistent with state law may be preempted effective January 1, 2020; and WHEREAS, to preserve what limited authority the City has remaining to regulate ADUs, it is desirable that the City update its laws consistent with the law as it will be in effect January 1, 2020. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WESTMINSTER DOES ORDAIN AS FOLLOWS: SECTION 1: General Plan Consistency. Pursuant to Section 17.620.030 of the Westminster Municipal Code, the Mayor and City Council approve a Zone Text Amendment (Case No. 2019-234) related to accessory dwelling units, based upon the following findings: 1. The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan and will not create any inconsistencies with this Title, in the case of a Zoning Code amendment, The Zoning Text Amendment conforms to the City's General Plan because it facilitates the construction of accessory dwelling units (subject to limitations in terms of size, height, location, design, and parking standards) as a source of housing consistent with goals and policies of the General Plan- Housing Element. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City,- The ity, The proposed amendment, consistent with Government Code Section 65852.2 and 65852.22, ensures the character of the City's residential neighborhoods is preserved to the maximum extent possible. The new standards establish regulations upon height, size, location, and parking; which will ensure that accessory dwelling units will not create negative impacts and will be in harmony with the character of the community. 2563-1 3. The proposed amendment is in compliance with the provisions of CEQA. Pursuant to the California Environmental Quality Act (CEQA) and the City's CEQA guidelines, the project has been determined to be exempt from CEQA per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which state the adoption of an ordinance regarding second dwelling units (accessory dwelling units) to implement the provision of Section 65852.2 of the Government Code are exempt from the requirements of CEQA. SECTION 2: Municipal Code Section 17.210.010. On January 1, 2020, Section 17.210.010 (Residential Zoning District Land Uses and Permit Requirements) of Chapter 17.210 (Residential Zoning Districts) of Title 17 of the Westminster Municipal Code is hereby amended as follows (new text underlined and removed text is strikethrough): 17.210.010 Residential Zoning District Land Uses and Permit Requirements Table 2-2 Permitted Uses and Permit Requirements For Residential Zoning Districts Permit Requirements Land Usel by District See Specific Use Regulations RI R2 I R3 R4 R54 Residential Accessory dwelling units and junior accessory dwelling (in P P P P P Section conjunction with a single-family 17.400.135 or multifamily residence) SECTION 3: Municipal Code Section 17.400.120. On January 1, 2020, Section 17.400.120 (Residential Uses--Single-Family Residential) of Chapter 17.400 (Standards for Specific Land Uses and Accessory Uses) of Title 17 of the Westminster Municipal Code is hereby amended as follows: A. Purpose and Intent. The purpose of this Section is to provide general development standards for single-family residences in any residential district unless noted otherwise. B. Development Standards. A single-family dwelling unit and any expansion of such unit shall comply with the following criteria. The Director may require recordation of a covenant stipulating the conditions of approval for any project approved hereunder, whenever, in the judgment of the Director, such a covenant is necessary to provide constructive notice to any successor in interest on the subject property as to the nature of the approval conferred hereunder. 2563-2 be at least 50 percent translucent, such as a sliding glass door or French doors. c. The door shall provide access to an improved landscaped or recreational area, such as a garden, spa, or patio, in the rear or side yard. If the exterior bedroom door opens onto a side yard, the side yard shall have a minimum dimension of 10 feet. 7. If a wet bar is proposed, it shall be located in a common living space, such as a family room or living room, with open access to other areas of the home provided that the portion of the home containing the wet bar can comply with the standard outlined in Section 17.400.130.6.3. 8. Exterior stairs to the second floor or balcony of a single-family dwelling shall not be permitted except under the following conditions: a. Installation of the staircase shall not facilitate subdivision of the interior of the dwelling unit into smaller, independent living spaces or dwelling units including accessory dwelling units and junior accessory dwelling units. 2563-3 1. The design of an addition shall be consistent with the design of the surrounding neighborhood and shall be compatible with the materials, color palette, architectural theme, and roof pitch of the existing dwelling unit. 2. Common interior access to all living, sleeping, eating, and food preparation areas shall be provided through common use areas or a common hallway, and the dwelling unit, including any additions, shall function as a single-family dwelling. No addition or modification to a single-family dwelling shall be permitted that facilitates subdividing the interior of the dwelling unit into separate areas that may be used as independent living space, or that subverts or violates the R1 zoning district regulations when a project is within an R1 district. 3. The second floor of the house shall not have a kitchen, a wet bar or the utilities available to facilitate the installation of kitchen facilities unless a second kitchen is approved pursuant to Section 17.400.135, Residential Uses— Accessory Dwelling Units. 4. Each single-family dwelling shall have no more than one kitchen unless a second kitchen is approved pursuant to Section 17.400.135, Residential Uses— Accessory Dwelling Units. 5. Three enclosed garage spaces with minimum interior dimensions of 10 feet by 20 feet each and 3 open parking spaces with minimum dimensions of 9 feet by 19 feet each shall be provided if a single-family dwelling has 5 or more bedrooms, or rooms which by the virtue of their design, location, and means of access within the dwelling can reasonably be used primarily for sleeping purposes without structural modifications. 6. An exterior door from a bedroom shall not be permitted except under the following conditions: a. Installation of the exterior bedroom door shall not facilitate subdivision of the interior of the dwelling unit into smaller, independent separate living or dwelling units. b. The door shall be decorative in nature and the area of the door shall be at least 50 percent translucent, such as a sliding glass door or French doors. c. The door shall provide access to an improved landscaped or recreational area, such as a garden, spa, or patio, in the rear or side yard. If the exterior bedroom door opens onto a side yard, the side yard shall have a minimum dimension of 10 feet. 7. If a wet bar is proposed, it shall be located in a common living space, such as a family room or living room, with open access to other areas of the home provided that the portion of the home containing the wet bar can comply with the standard outlined in Section 17.400.130.6.3. 8. Exterior stairs to the second floor or balcony of a single-family dwelling shall not be permitted except under the following conditions: a. Installation of the staircase shall not facilitate subdivision of the interior of the dwelling unit into smaller, independent living spaces or dwelling units including accessory dwelling units and junior accessory dwelling units. 2563-3 b. The exterior door leading to the second -floor landing of the staircase shall be decorative in nature and the area of the door shall be at least 50 percent translucent, such as a sliding glass door or French doors. c. The staircase shall provide access from the second floor to an improved landscaped or recreational area, such as a garden, spa, or patio. d. The interior staircase of the dwelling shall be retained and shall be utilized as the primary means of access to the second floor of the dwelling. e. A deed restriction stipulating compliance with the above conditions shall be recorded on property in all cases where a second floor exterior staircase is approved. 9. Each single-family dwelling shall provide an enclosed 2 -car garage having a minimum interior dimension of 20 feet in width and 20 feet in depth, unless otherwise required by Section 17.400.120.6.4. A garage may have windows and may be finished with drywall provided that the garage shall not be used for habitable space and shall be available for storage of automobiles. The maximum size of a detached 2 -car garage shall be 550 square feet, and the maximum size for a 3 -car detached garage shall be 750 square feet. If the accessory dwelling unit's required parking space will be provided in a garage, the garage space for that parking space is exempt from the total maximum. Detached garages exceeding the established maximum size and attached garages exceeding 800 square feet in area are subject to an Administrative Use Permit, Chapter 17.550. SECTION 4: Municipal Code Section 17.400.135. On January 1, 2020 the text of Municipal Code Section 17.400.135, entitled "Residential Uses – Accessory Dwelling Units" is deleted and replaced with the following: A. Accessory dwelling units and junior accessory dwelling units —Purpose, definitions, occupancy. Purpose. The intent of this Section is to ensure that accessory dwelling units and junior accessory dwelling units remain as an accessory use to a single-family residence, and multi -family residences, that the parcels are organized to accommodate an accessory dwelling unit and/or junior accessory dwelling unit, and that such dwelling units do not adversely impact surrounding residents or the community. 2. Definitions. For purposes of this section 17.400.135: a. The terms "accessory dwelling unit", "public transit", "passageway" and "tandem parking" all have the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time. b. "Junior accessory dwelling unit" shall have same meaning as that stated in Government Code section 65852.22(h)(1) as that section may be amended time to time. 2563-4 3. Occupancy and Rental. Except as otherwise provided by law, accessory dwelling units and junior accessory dwelling units may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. Rental period shall not be less than 31 days. B. Accessory dwelling units—Development standards. Except as otherwise provided below or in subsection C of this section, accessory dwelling units shall conform to the development standards of the underlying zone. 1. Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the City that contains or will be developed with a legal, single- family or multiple -family residence on a lot. 2. Accessory dwelling units shall not have more than two bedrooms. 3. Newly constructed accessory dwelling units shall be located in line with, or behind the front -most building wall of the primary dwelling unit. 4. Size requirements. Except as otherwise provided in subsection C of this section, all accessory dwelling units shall not exceed the size standards listed below: a. Attached accessory dwelling units: The maximum floor area of an attached accessory dwelling unit shall be the higher of: i. 850 square feet for an accessory dwelling unit with 0-1 bedrooms or 1,000 square feet for an accessory dwelling unit with 2 bedrooms; or ii. If there is an existing primary single family dwelling, 50% of the square footage of the existing primary single family dwelling. For the purposes of this section, an existing primary single family dwelling means a dwelling for which proper permits have been issued and finalized at least two (2) years prior to submitting plans for an ADU application. b. Detached accessory dwelling units: 850 square feet for an accessory dwelling unit with 0-1 bedrooms or 1,000 square feet for an accessory dwellina unit with 2 bedrooms. 4. Setback requirements. a. No setbacks are required for: either (i) those portions of accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units or (ii) constructing new accessory dwelling units in the same location and to the same dimensions as an existing structure. 2563-5 b. For all other accessory dwelling units, there must be a minimum of four feet of setbacks from interior side and rear lot lines and comply with all applicable front and street side yard setbacks. 5. Number of accessory dwelling units per lot. a. For lots with proposed or existing single-family residences, no more than one accessory dwelling unit and no more than one junior accessory dwelling unit may be on the lot. b. For lots with existing multi -family residential dwellings: No more than twenty-five percent (25%) of the number of the existing units, but at least one (1) unit, shall be permitted as accessory dwelling units constructed within the non -livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; No more than two detached accessory dwelling units, provided that no such unit shall be more than sixteen (16) feet in height, and each such unit complies with front yard and street side yard setbacks, and meets rear -yard and interior side yard setbacks of four feet. The maximum square footage of detached accessory dwelling units on lots with existing multi -family residential dwellings shall comply with the limits set forth in subsection B (or C, if applicable) of this section. 6. Building Code Compliance. All new accessory dwelling units must comply with Title 15 of the Municipal Code ("Buildings and Construction") and any other applicable provisions of the California Building Standards Code. However, fire sprinklers shall not be required if they are not required for the primary residence. 7. City/public utilities. a. All accessory dwelling units and junior accessory dwelling units must be connected to public utilities, including water, electric, and sewer services. For example, dwelling units that are proposed to be installed on a property with only septic tanks are prohibited. b. Except as provided in subsection c below, the City may require the installation of a new or separate utility connection between the accessory dwelling unit, junior accessory dwelling unit and the utility. The connection fee or capacity charge shall be proportionate to the 2563-6 r. burden of the proposed accessory dwelling unit based on either its square feet or number of drainage fixture unit values. C. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the accessory dwelling unit is being constructed in connection with a new single-family dwelling. d. Regardless of where it is located, for the purposes of calculating utility connection fees or capacity charges, accessory dwelling units and junior accessory dwelling units shall not be considered a new residential use unless the unit was constructed with a new single- family dwelling. 8. Parking. a. In addition to the required parking for the primary unit, one parking space shall be provided unless the accessory dwelling unit has no bedrooms (e.g., a studio), in which case no parking space is required. The required parking space may be provided as:. . i. Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or ii. Within a setback area or as tandem parking in locations determined feasible by the City for such use. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the City. b. Notwithstanding the foregoing, no parking space shall be required for an accessory dwelling unit if: i. It is located within one-half mile walking distance of public transit; ii. It is located within an architecturally and historically significant district; iii. It is part of a proposed or existing primary residence or accessory structure; iv. When on -street parking permits are required but not offered to the occupant ofthe accessory dwelling unit; or v. Where there is a car share vehicle located within one block of the accessory dwelling unit. 2563-7 C. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces do not have to be replaced. 9. Recorded Covenants. Before obtaining a permit for an accessory dwelling unit, the property owner shall file with the county recorder a declaration or agreement of restrictions, which has been approved by the City attorney as to its form and content, describing restrictions that allows for and the continued use of the accessory dwelling as follows: a. the accessory. dwelling unit ;shall not be sold separately from the primaryresidence; b. the accessory dwelling unit is -restricted to the maximum size allowed per the development standards'set forth in this section; c. the unit shall not be rented for periods of 30 -days or. shorter; d. the restrictions shall be binding upon.any.-successor in ownership of the property, and lack of compliance shall result in:legal action against Ahe property .owner fo,r:nonco.mplianc&,_wiM. the requirements for an c, ,accessory dwelling unit 10. Conversion of existing primary unit. An existing single-family dwelling may be converted to an accessory.dwelling, unit. if it complies with all applicable requirements -of this chapter when- a new, larger primary residence is proposed to be constructed. 11. Design requirements for new units., All new accessory dwelling units must comply with the following design requirements: a. The exterior materials; colors, roof pitch,and: architecture shall be similar to and compatible with those of the primary unit(s) b. Accessory.: dwelling units shall not exceed :the height of 16' unless -- the units are within the existing space of a single-family dwelling, an accessory structure or multifamily dwelling -structures. 12. Accessibility standards. New construction of any ground level accessory dwelling unit shall be designed and constructed to allow for disability/accessibility standards. Plans shall demonstrate future entrance capability and actual construction shall include adequate door and hallway widths, maneuvering space in kitchens and bathrooms, and structural reinforcements for grab bars. 2563-8 13. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. 14. Stairways. An accessory dwelling unit proposed within the second floor of an existing or proposed single-family dwelling shall not have exterior stairways. 15. Nonconforming. Accessory dwelling units and junior accessory dwelling units shall not be required to correct legal nonconforming zoning conditions as a pre -condition to obtaining authorization to construct. C. Accessory Dwelling Unit and Junior Accessory Dwelling Unit Exceptions. 1. The following types of accessory dwelling units, shall be approved regardless of whether the proposed accessory dwelling unit meets the development standards for lot coverage, open space, and floor area ratio, contained in this Title. a. On lot with proposed or existing single-family dwelling, either: i. One accessory dwelling unit or one junior accessory dwelling unit per lot may be constructed within an existing or proposed single-family or accessory structure, including the`' construction of up to a one hundred fifty (150) square foot expansion beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress. The accessory dwelling unit or junior accessory dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety. If the unit is a junior accessory dwelling unit, it must also comply with the requirements of subsection E below; or ii. One detached, new construction, accessory dwelling unit with setbacks of at least four feet from side and rear yards and in compliance with front yard and street side yard setbacks, no more than eight hundred (800) square feet floor area, and a height not exceeding sixteen (16) feet on a lot with an existing or proposed single family dwelling. A junior accessory dwelling unit may also be built within the existing or proposed single- family dwelling of such residence in connection with the accessory dwelling unit. b. On a lot with an existing multifamily dwelling: ii. Accessory dwelling units may be constructed within portions of dwellings that are not used as livable space within an existing 2563-9 multi -family dwelling structure (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior accessory dwelling units permitted on the lot shall not exceed twenty-five percent (25%) of the current number of units of the multi -family complex on the lot and at least one such unit shall be allowed; and ii. Up to two (2) detached accessory dwelling units may be constructed, provided they are no taller than sixteen (16) feet, and they have at least four (4) feet of side and rear yard setbacks not to exceed (800) square feet in floor area. D. Accessory dwelling units—General plan consistency. In adopting these standards, the City recognizes that the approval of dwelling units may, .in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The City finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to accessory dwelling units, and that the amendment furthers the goals, objectives, and policies of the general plan housing element. E. Junior Accessory Dwelling Units. 1. Purposes: This section provides standards for the establishment of -junior - accessory dwelling units. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing or proposed single family_ residence and requires owner occupancy in the single family residence where the unit is located. 2. Size: A junior accessory dwelling unit shall not exceed 500 square feet in size. 3. Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner -occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time. 4. Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel. 5. Short term rentals: The junior accessory dwelling unit shall not be rented for periods of 30 days or less. 2563-10 6. Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be entirely within a single-family residence. 7. Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. 8. Parking. No additional parking is required beyond that already required for the primary dwelling. 9. Fire Protection; Utility Service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with a new single- family dwelling. 10. Deed Restriction. Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, requires owner -occupancy consistent with subsection (3) above, does not permit rentals for periods 30 days or shorter, and restricts the size and attributes of the junior dwelling unit to those that conform with this section. SECTION 5: Municipal Code Section 17.515.010. Section 17.515.010 (Applicability) of Chapter 17.515 (Zoning Clearance) of Title 17 of the Westminster Municipal Code is hereby amended as follows: 17.515.010 Applicability A. General Applicability. Zoning Clearance shall be required in conjunction with Division review of any building or grading permit, business tax certificate (business license), or other authorization required by the WMC or this Title or for any new use or change of use. Where no other authorization is required, (e.g., Building Permit) Zoning Clearance shall be obtained from the Division before the commencement of any business or land use activity. The Director has the discretion on a case-by-case basis to determine that an application is subject to Development Review and require noticing and/or defer the action to the Commission based on criteria including traffic, parking demand, building shade, shadow, scale, design and other potential impacts. 0k70*1Sii1 B Accessory Dwelling Units and Junior Accessory Dwelling Units. Any application for an accessory dwelling unit or junior accessory dwelling unit that meets the development standards contained in Sections B or E of this section, or is the type of accessory dwelling unit described in Subsection C of Section 17.400.135, shall be approved ministerially. SECTION 6: Municipal Code Section 17.520.010. Subsection C of Section 17.520.010 (Applicability) of Chapter 17.520 (Development Review) of Title 17 of the Westminster Municipal Code is hereby amended as follows: 17.520.010 Applicability C. Exempt from Development Review. The following projects are exempt from Development Review but are subject to Zoning Clearance except subsection (3): 1. Any construction, addition, or alteration to an individual single-family or two- family dwelling or appurtenant structure, or 2 single-family dwellings on a single parcel or an accessory dwelling unit or junior accessory dwelling unit. SECTION 7: Municipal Code Section 17.700.010. The definition of "accessory dwelling unit" in Section 17.700.010 (Definitions of Specialized Terms and Phrases) of Chapter 17.700 (Definitions of Specialized Terms) of Title 17 of the Westminster Municipal Code is hereby amended as follows: 17.700.010 Definitions of Specialized Terms and Phrases Accessory Dwelling Unit. See Government Code section 65852.2. SECTION 8: Urgency. Effective January 1, 2020 multiple new housing bills relating to accessory dwelling units (ADUs) will become law, including AB 68, AB 881, SB 13, AB 587, and AB 670. Subsection (a)(4) of Government Code 65852.2 will state in part, "if a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void..." If the City is unable to enforce its design standards, or otherwise approve ADUs in a manner consistent with state law effective January 1, 2020, the City could be required to approve ADUs that are directly inconsistent with the development standards that apply throughout the City, or could be subject to litigation. The City desires to allow the public to know the processes that will apply to proposed ADUs effective January 1, 2020, and absent an urgency ordinance, the ordinance could not be in effect by January 1, 2020. For these reasons, this ordinance is necessary for the immediate preservation of the public peace, health and safety. SECTION 9: Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") under Public Resources Code § 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines 2563-12 §§ 15282(h) [statutory exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to land]. This ordinance is also exempt under CEQA Guidelines section 15061, because this ordinance will not have a significant effect on the environment, because ADUs will largely constitute infill housing which is exempt from CEQA. SECTION 10: Inconsistencies. Any provision of this ordinance which is inconsistent with state law shall be interpreted in a manner to be consistent with state law. If any provision of the Westminster Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 11: Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Westminster hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 12: Effective Date. Consistent with its authority to adopt an urgency ordinance pursuant to Government Code 36934 and 36937, this Ordinance shall take effect immediately. SECTION 13: Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. SECTION 14: Transmit Ordinance to HCD. The City Clerk is directed to send a copy of this ordinance to the Department of Housing and Community Development within 60 days of the adoption of this ordinance. PASSED, APPROVED AND ADOPTED this 18th day of December 2019 by the following vote: AYFR CXnIINC'II MFMRFRR• TA Ho no N(,,IIYFN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CONTRERAS TRI TA, MAYOR 2563-13 ATT T CHRISTINE CORDON, CITY CLERK •-- O FORM: RICHARD D../JONLS, CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF WESTMINSTER ) I, CHRISTINE CORDON, City Clerk of Westminster, do hereby certify that the foregoing ordinance was introduced and adopted at a regular meeting on the 18th day of ■ December 2019, and was published/posted pursuant to law. . Chris ine Cordon City Clerk 1 2563-14 ATTACHMENT 4 SUMMARY TABLE OF SELECTED CHANGES A '0460 "Wr Comparison Chart of Accessory Dwelling Unit (ADU) Standards Urgency Ordinance No. 2563 and Proposed Permanent Ordinance Standards Requirement Type Urgency Ordinance Standards Proposed Permanent Ordinance Standards Definitions: Contains Definitions for: Added Definitions, Including the but not limited to:: • "Accessory Dwelling Unit' • "Junior Accessory Dwelling Unit' • "Attached ADU" • "Detached ADU" • "Converted ADU • "Existing" Maximum Size Requirements: Attached ADUs: Attached ADUs: The maximum size of an ADU shall be The maximum floor area of an attached ADU shall be 1,200 square feet or 50% 1) The higher of: of the living area of the primary dwelling, • 850 sq. ft. for 0-1 bedrooms whichever is greater. • 1000 sq. ft. for 2 bedrooms or • 50% of the existing primary Detached ADUs: dwelling 2) Must allow at least an 800 sq. ft. 1200 square feet of floor area. ADU regardless of restrictions due to zoning standards such as lot coverage, open space. Requirement Type Urgency Ordinance Standards Proposed Permanent Ordinance Standards Detached ADUs: The maximum size of a detached ADU shall be • 850 sq. ft. for 0-1 bedroom • 1,000 square feet for 2 bedroom units. • Must allow at least an 800 sq. ft. ADU regardless of restrictions due to standards such as lot coverage, open space Garage Conversion for JADUs JADUs may not be created from within a JADUs may be created from within a garage. garage. Number of Bedrooms Maximum two (2) bedrooms Maximum of four (4) bedrooms Number of ADUs For lots with a Proposed or Existing Same as Urgency Ordinance. However, Single -Family Dwelling: the following is added to include ADUs in new multi -family development. One ADU and one JADU For new multi -family development, up to For Lots With An Existing Multi -Family two (2) detached ADUs may be on the Residential Dwellings: lot. At least one but no more than 25% of the The ADUs must meet ADU requirements number of the existing units, but at least and the property shall comply with all the Requirement Type Urgency Ordinance Standards Proposed Permanent Ordinance Standards one (1) unit shall be permitted as ADUs development standards applicable to constructed within non -livable space. multi -family development in the underlying zoning district. No more than two (2) detached accessory dwelling units. Setback All other ADUs, there must be a minimum ADUs shall meet four (4) foot interior or of four (4) foot setbacks from the interior street side yard setbacks. The ten (10) side and rear lot lines and comply with all foot street side yard setback is no longer applicable front and street side yard required. setbacks (minimum ten (10) feet for street side yard). Also, the following has been added to clarify code: For development in single family zones, ADU must be six (6) feet to primary dwelling and all other detached accessory structures. For development in multi -family zones, ADU must be ten (10) feet to dwelling units and six (6) feet to other accessory structures. Requirement Type Urgency Ordinance Standards Proposed Permanent Ordinance Standards Height Accessory dwelling units shall not exceed An ADU shall not exceed sixteen (16') the height of sixteen (16') feet unless the feet in height unless the units are within units are within the existing space of a the existing space of a single-family single-family dwelling, an accessory dwelling, an accessory structure or multi - structure or multi -family dwelling family dwelling. ADUs may be permitted structure. on the upper floor of a newly constructed single family home. Corner Lot Driveways Not Addressed in Urgency Ordinance For a corner lot developed with an ADU, up to two driveways are permitted Driveways are only permitted if it provides provided that each driveway is on access into a garage per the City's different sides of the lot. The 2nd Municipal Code. driveway does not have to provide access into a garage. Raised Landings Not Addressed in Urgency Ordinance Raised landings and platforms shall only lead into an exterior entryway of an ADU and shall not exceed fifty (50) inches in depth and not more than six (6) inches in excess of the width of the adjoining doorway. Requirement Type Urgency Ordinance Standards Proposed Permanent Ordinance Standards Maximum Size of Covered Not Addressed in Urgency Ordinance Covered Patios and Porches that are not Patios and Porches more than 200 square feet and provides entry into the ADU shall not be subject to comply with Section 17.400.130.B.2.a to have at least 1,000 square feet of open space in the rear yard. Proposed ADU with New Single Not Addressed in Urgency Ordinance An ADU maybe proposed within a new Family Home single family residence. Also allows ADUs to be permitted on the upper floor or contain a 2nd story as long as the ADU meets all requirements applicable to single family homes. Recorded Covenant for ADUs Before obtaining a permit for an ADU, the Section and Requirement Removed from property owner shall file a restrictive Code for ADUs only. covenant with the following restrictions: These provisions are already code a. Unit shall not be sold separately requirements. JADUs still require a b. The ADU is restricted to the recorded covenant and requires owner maximum size allowed. occupancy. c. The unit shall not be rented for periods of 30 days or shorter. d. The restrictions shall be binding upon any successor or ownership of the property Requirement Type Urgency Ordinance Standards Proposed Permanent Ordinance Standards Placement of ADU in Front Yard Newly constructed ADUs shall be located Section and Requirement Removed from in line with or behind the front -most Code building wall of the primary dwelling unit.