Details for Legal notice requiring publication- ADU

ORDINANCE NO. 2019 – 1 AN ORDINANCE OF THE SELMA CITY COUNCIL ADDING CHAPTER 35 TO TITLE XI OF THE SELMA MUNICIPAL CODE (ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES) AND AMENDING CHAPTER 11-1-1 (ZONING DEFINITIONS; PURPOSE) OF TITLE XI (ZONING) OF THE SELMA MUNCIPAL CODE TO ADD DEFINITIONS RELATED TO ACCESSORY DWELLING UNITS AND A NOTICE OF EXEMPTION REGARDING SAME WHEREAS, the City of Selma Municipal Code (“SMC”) does not have standards for Accessory Dwelling Units (ADUs”); and WHEREAS, on September 27, 2016, Governor Brown signed AB 2299 and SB 1069 (Government Code Section 65852.2) into law, amending sections of State law regulating Accessory Dwelling Units (“ADUs”), which require that local jurisdictions allow ADUs by-right under certain mandatory development standards, and require that local jurisdictions, if seeking to establish additional ADU regulations, do so via adoption of an ordinance facilitating the ministerial creations of ADUs, consistent with State law; and WHEREAS, City Staff is recommending that the City amend the Zoning Code to comply with the State’sADU laws; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), the proposed amendment is considered to be exempt pursuant to Section 15282(h) of the CEQA Guidelines which exempts adoption of ordinances regarding second dwelling units, including accessory dwelling units; and WHEREAS, notice of the Planning Commission’s November 7, 2018 public hearing on the proposed Municipal Code Amendment was published in The Selma Enterprise on October 24, 2018 in compliance with the City’s Code, and Government Code Section 65091; and WHEREAS, on November 7, 2018, the Planning Commission of the City of Selma conducted a duly noticed public hearing on the proposed Zoning Code amendment, and considered all testimony written and oral; and WHEREAS, the Planning Commission reviewed and carefully considered the information, including all comment letters submitted, and made the findings set forth herein, and based upon substantial evidence presented to the Planning Commission during the public hearing on November 7, 2018, including public testimony and oral staff reports, the Planning Commission recommended that the City Council adopt an ordinance adding and Chapter 35 (Accessory Dwelling Units) of Title 11 (Zoning) of the Selma Municipal Code, and 11-1-1 (Definitions) of the Selma Municipal Code to add definitions related to ADUs, and adopting a notice of exemption regarding same; and WHEREAS, notice of the City Council’s February 19, 2019 public hearing on the proposed Zoning Code amendment was published in The Selma Enterprise on January 30, 2019, in compliance with the City’s Code, and Government Code Section 65091; and WHEREAS, on February 19, 2019, the City Council of the City of Selma conducted a duly noticed public hearing on the proposed Zoning Code amendment, and considered all testimony written and oral; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that based upon substantial evidence presented to the City Council during the February 19, 2019 public hearing, that all of the facts set forth in the Recitals, are true and correct, and are incorporated herein by reference. SECTION 2. Environmental Findings. A. This ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15282(h) of the CEQA Guidelines which exempts adoption of ordinances regarding second dwelling units, including accessory dwelling units. B. Based upon these findings, the City Council adopts the Notice of Exemption, and directs staff to file same as required by law. SECTION 3: Selma Municipal Code Amendment. Chapter 35 is hereby added toTitle XI (Accessory Dwelling Units) of the Selma Municipal Code and shall read in its entirety as follows: 11-35-1: PURPOSE AND INTENT. Accessory Dwelling Units A. Purpose. The purpose of this section is to allow for accessory dwelling units on lots developed with single family dwellings. Facilitating the development of accessory dwelling units will increase the housing options and housing stock in the city.This section addresses the specific needs of the city by providing limitations consistent with State Law in order maximize neighborhood compatibility. B. Applicability The provisions of this section apply to all lots that are developed with a single-family dwelling unit and zoned residential. C. Not Part of Density Calculation An accessory dwelling unit that conforms to all applicable requirements of this Section shall not be considered in the calculation of allowable density for the lot upon which it is located, and is deemed to be a residential use that is consistent with the existing General Plan and zoning designations for the lot. D. RequirementsApplicable toAllAccessory Dwelling Units. 1. Permitted by Right.An accessory dwelling unit may be constructed on a lot by right, provided that such accessory dwelling unit complies with all requirements set forth in this section. 2. Relationship to Primary Dwelling. The accessory second unit may be either attached to the primary dwelling or be a detached structure. 3. Maximum of One per Parcel. There shall be no more than one accessory dwelling unit allowed on each single-family residential lot. 4. Entrances. Entrances shall be incidental to the primary dwelling and minimally visible from the front of the primary dwelling. No passageway to the primary dwelling shall be required with the construction of the accessory dwelling unit. 5. Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers unless required for the primary residence. 6. Utility Hookups. Separate utility hookups are permitted, but are not mandatory. 7. Occupancy Requirements. The applicant for a building permit for an accessory dwelling unit shall be the owner and occupant of the property. The owner shall be required to permanently occupy either the primary unit or the accessory dwelling unit. 8. Deed Restriction Required. Before obtaining a building permit for an allowed 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. The declaration or agreement of restrictions shall contain a reference to the deed under which the property was acquired by the owner and shall state that: a. The accessory dwelling unit shall not be sold separately. b. The accessory dwelling unit is restricted to the maximum size allowed as identified by the development standards in this Section. c. The accessory dwelling unit shall be considered legal only so long as either the primary residence, or the second dwelling unit, is occupied by the owner of record of the property. d. The restrictions shall be binding upon any successor or assigned in ownership of the property, and lack of compliance shall result in legal action against the property owner. E. RequirementsApplicable to Newly Constructed or Expanded Structures. 1. Maximum Gross Floor Area. No accessory dwelling unit, either attached or detached shall exceed 50 percent of the size of the living area of the primary dwelling, and in no case shall the accessory dwelling unit exceed 1200 square feet in gross floor area. 2. Development Standards. The accessory dwelling unit shall comply with the minimum property development standards of the residential zones in compliance withTitle XI (Zoning), including but not limited to minimum lot size, lot width, lot depth, setbacks, distance between buildings, and lot coverage, unless modified by this Chapter. 3. Second Story Prohibited. Accessory dwelling units shall not be permitted on any story above the first story. 4. Maximum Height.All detached accessory dwelling units shall be limited in height to one story and 15 feet. 5. Roof Pitch and Roof Materials. All accessory dwelling units shall have a roof pitch equal to the primary residence and shall have roofing material compatible with the roof material of the primary residence. 6. Bedrooms.The maximum number of bedrooms in any accessory dwelling unit is one. 7. Location. No detached unit may be placed in front of the primary dwelling. 8. Architectural Design, Form, and Materials.The accessory dwelling unit shall be constructed to be compatible with the existing primary residence located on the site in terms of architectural design, form, and materials. 9. Parking. a. In addition to the parking spaces required for the primary residence, at least one off-street parking space shall be provided for each accessory dwelling unit, which may be provided as tandem parking in an existing driveway. b. If a garage, carport, or covered parking structure is converted or demolished in conjunction with the construction of an accessory dwelling unit, those off-street parking spaces shall be replaced.The replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only occur on paved driveways leading to a required parking space. c. Additional parking is not required in the following instances: i. Where a property is located within one-half mile from a public transit stop. Public transit stop is defined to be a stop at which service is provided at no greater than 15-minute intervals during peak hours. Public transit means scheduled services provided by a public agency. ii. For properties located within an architecturally and historically significant historic district, as adopted by the city. iii. For properties in an area where on-street parking permits are required but not offered to the occupant of theADU. iv. For properties located within one block of a car share area approved by the city. F. Requirements to Convert Existing Space in a Single-Family Structure to an Accessory Dwelling Unit. 1. Building Permit.An application for a building permit to create one accessory dwelling unit per single-family lot within the existing space of a legally permitted accessory structure or singlefamily dwelling shall be ministerially approved. 2. Setbacks. Side and rear setbacks must be sufficient for fire safety. Conversion of detached structures that meet applicable zone district standards for side and rear setbacks and distance between buildings may be denied if a finding is made that the setbacks are insufficient for fire safety. 3. Access. The unit shall have an exterior access independent from the primary residence. No passageway between the primary residence and the accessory dwelling unit shall be required. 4. Size. No conversions of existing space shall exceed 800 square feet in size and shall not exceed 50 percent of the living area of the primary dwelling unit. 5. Parking. An off-street parking space for the accessory dwelling unit shall not be required. However, the applicant shall be required to replace any parking spaces lost as a result of the conversion of the existing space to an accessory dwelling unit. The replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only occur on driveways leading to a required parking space. 6. Setbacks for Conversions of Existing Space. No setback is required for an existing structure that is converted to an accessory dwelling unit. For conversion of existing and legally permitted space above a garage, a minimum five-foot rear and side yard setback shall be required. 7. Conversions of orWithin Nonconforming Structures. Existing space within existing structures that are nonconforming with respect to setbacks, building height, or lot coverage may be converted to an Accessory Dwelling Unit, provided the nonconformity is not increased in any manner and theAccessory Dwelling Unit meets the size limitations established in this Chapter. SECTION 4. Selma Municipal Code Amendment. Chapter 11-1-1 (ZONING DEFINITIONS; PURPOSE) of the Selma Municipal Code is hereby amended to include the following: Accessory Dwelling Unit. A residential dwelling unit - either attached to the primary unit or a detached structure -that provides complete independent living facilities for one or more persons on the same parcel as a legal detached single unit. An accessory dwelling unit shall include permanent provisions that include, but are not limited to, living, sleeping, eating, cooking, and sanitation.An accessory dwelling unit includes an efficiency unit as defined in California Health and Safety Code Section 17958.1 and a manufactured home as defined in California Health and Safety Code Section 18007. SECTION 5. Selma Municipal Code Amendment. Chapter 11-1-1 (ZONING DEFINITIONS; PURPOSE) of the Selma Municipal Code is hereby amended to include the following: Living area. Living area means the interior habitable area of a dwelling unit as defined by the Uniform Building Code, including basements and attics but does not include a garage or any accessory structure. SECTION 6. Selma Municipal Code Amendment. Chapter 11-1-1 (ZONING DEFINITIONS; PURPOSE) of the Selma Municipal Code is hereby amended to include the following: Passageway.A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. SECTION 7. Severability: If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, the decision shall not affect the validity of the remaining portions of the Ordinance.The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases have been declared invalid or unconstitutional. SECTION 8. Effective date and posting ordinance: this ordinance shall take effect and be in force 30-days from and after the date of final passage.The Selma City clerk shall cause this ordinance to be published at least once within 15-days after its passage in the Selma Enterprise with the names of those City Council members voting for or against the ordinance. ********* I Reyna Rivera, Selma City Clerk, do hereby certify that the foregoing ordinance was introduced at the February 19, 2019, regular City Council meeting and duly adopted at a regular Selma City meeting and duly adopted at a regular Selma City meeting on the 4th day of March 2019 by the following vote, to wit: AYES: 5 COUNCIL MEMBERS:Avalos, Guerra,Trujillo, Franco, Robertson NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None /s/ ___________________________ Scott Robertson, Mayor ATTEST: /s/ _______________________ Reyna Rivera 88716-1 City Clerk

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