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2018-02 Title 30 Junior Accessory Dwelling Units ORDINANCE 2018-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, ADOPTING AMENDMENTS TITLE 30 (ZONING) OF THE ENCINITAS MUNICIPAL CODE TO ADDRESS STATE LAW REGARDING JUNIOR ACCESSORY DWELLING UNITS CASE NUMBER: 16-285 ZA/LCPA SECTION ONE. The City Council of the City of Encinitas hereby finds and declares as follows: WHEREAS, the City Council of the City of Encinitas seeks to implement Assembly Bill 2406 (AB 2406) through the implementation of regulations concerning junior accessory dwelling units in residential zones; WHEREAS, state lawmakers are increasingly concerned about the unaffordability of housing in the State of California; WHEREAS, Section 65852.22 of the California Government Code provides that a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single- family and multi-family residential zones and that ordinance shall designate areas within the jurisdiction of the local agency where junior accessory dwelling units may be permitted and the designation of areas may be based on criteria that may include, but are not limited to, the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety; WHEREAS, the City finds that the proposed amendments to the City's Municipal Code are exempt from environmental review pursuant to General Rule, Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment. WHEREAS, a Public Notice of Availability of proposed Local Coastal Plan Amendments (LCPA) was issued which opened a six-week public review period that ran from December 8, 2017 to January 19, 2018; WHEREAS, the Planning Commission conducted public hearings on December 21, 2017 and January 18, 2018, for the purpose of considering amendments to Title 30, (Zoning) of the Encinitas Municipal Code and considered public testimony and made a recommendation to the City Council to adopt the proposed amendments; WHEREAS, the City Council conducted Public Hearings on February 14, 2018 and March 14, 2018 for the purpose of considering amendments to Title 30 (Zoning) of the Encinitas Municipal Code; and, WHEREAS, the City Council has duly considered all evidence, including testimony and the evaluation and recommendations by staff, presented at said hearing; WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council finds that this Ordinance is intended to be carried out in a manner in full conformance with the California Coastal Act of 1976 and the Development Services Director is hereby authorized to submit this Ordinance as part of the Local Coastal Program Amendment to the California Coastal Commission for their review and adoption. NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains as follows: SECTION TWO. Title 30 (Zoning) of the Encinitas Municipal Code (EMC) shall be amended as follows. Add new definition for"Junior Accessory Dwelling Unit" to EMC Chapter 30.04 (Definitions): JUNIOR ACCESSORY DWELLING UNIT shall mean a residential dwelling unit that is no more than 500 square feet in area, contained entirely within an existing single-family residence, and with separate sanitation facilities from, or shared sanitation facilities with, the existing residence. Add new EMC Section 30.48.040U and renumber existing EMC Sections 30.48.040U through 30.48.040Z: U. Junior Accessory Dwelling Units 1. One junior accessory dwelling unit may be permitted in conjunction with an existing, previously constructed single-family residence on lots zoned for single-family or multifamily use. 2. A junior accessory dwelling unit may be permitted on a lot where an accessory dwelling unit exists. 3. A junior accessory dwelling unit shall not be sold separately from the primary residence. 4. A junior accessory dwelling unit may be rented, but only with a rental agreement with terms greater than 30 days. 5. The owner of a lot with a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling or the junior accessory dwelling unit, except where the primary dwelling and junior accessory dwelling are held by an agency such as a land trust or housing organization in an effort to create affordable housing. 6. Junior Accessory Dwelling Unit Development Standards a. A junior accessory dwelling unit shall not exceed 500 square feet in total floor area. b. A junior accessory dwelling unit shall be contained entirely within an existing single- family residence. c. Creation of a junior accessory dwelling unit must include the conversion of an existing bedroom. d. A junior accessory dwelling unit shall be provided with a separate exterior entry. e. An interior connection to the main living area of the primary residence shall be maintained. A second door may be added for sound attenuation. f. A junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: i. A sink with a maximum waste line of one and one-half(1.5) inches. ii. A cooking facility with appliances that do not require electrical service greater than 120 volts or natural or propane gas. iii. A food preparation counter and storage cabinets that are reasonable to the size of the unit. g. No additional parking shall be required for a junior accessory dwelling unit other than that required when the existing primary residence was constructed. h. The junior accessory dwelling unit may share a bath/sanitation facility with the primary residence or have its own. 7. Except as provided herein, a junior accessory dwelling unit shall comply with all local building and fire code requirements, as appropriate. 8. Junior accessory dwelling units shall not be required to provide fire sprinklers or fire attenuation specifications if they are not required for the primary residence. An inspection to confirm that the junior accessory dwelling unit complies with development standards may be assessed. 9. No sewer or water connection fees shall be required for the development of a junior accessory dwelling unit. An inspection to confirm that the junior accessory dwelling unit complies with development standards may be assessed. 10. Prior to issuance of a building permit for a junior accessory dwelling unit, a covenant shall be recorded between the owner and the City of Encinitas agreeing to the terms stipulated in this chapter. The covenant shall specifically mention that: a. The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit. b. The junior accessory unit may be rented, but only with a rental agreement with terms greater than 30 days. c. The junior accessory unit is limited to the size and attributes set forth by this Section. d. The owner of record of the property shall occupy the primary dwelling unit or the junior accessory dwelling unit, except where the primary dwelling and junior accessory dwelling are held by an agency such as a land trust or housing organization in an effort to create affordable housing. e. The covenant shall be binding upon any successors in interest or ownership of the property and lack of compliance with the provisions thereof may result in legal action against the property owner, including revocation of the right to maintain a junior accessory dwelling unit on the property. 11. Applications for junior accessory dwelling units conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing, and the City shall approve or deny such applications within 120 calendar days after receiving the completed application. 12. Junior accessory dwelling units shall be exempt from the requirements of undergrounding overhead utilities and public right-of-way dedication and improvements. U-.V. Family Day Care Homes, Small and Large. Small and large family day care homes are permitted by right as accessory uses in all residential zones. VL.W. Wind Turbine Systems, Small. A wind turbine system, small shall be permitted on a building site in compliance with the following conditions: 1. Setback. The system shall be set back from property lines and roads at least two times the height of the wind system (to the top of the blade in vertical position). 2. Fencing. Public access to the wind turbines shall be restricted through the use of a fence with locked gates, non-climbable towers or other suitable methods. 3. Signs. Suitable warning signs containing a telephone number for emergency calls shall face all approaches to the system. Individual signs shall be between five and 16 square feet. 4. Noise. The wind turbine shall be operated in such manner that it does not exceed the sound level limits of the Municipal Code. WX. Bed and Breakfast Home. A bed and breakfast home is a permitted accessory use upon issuance of a minor use permit provided the following conditions are complied with: 1. Located in a residential zone or in a designated Historic building, or conducted within a structure which was constructed prior to 1936. 2. A maximum of five bedrooms shall be made available for rent. A bed and breakfast home having more than five bedrooms available for rent may be approved if the home is designated a Historic Landmark in accordance with the Historic Landmark Designation. 3. No bed and breakfast home shall be located on a lot closer than 200 feet from any other lot containing a bed and breakfast home. The 200-foot distance shall be measured in a straight line connecting the closest points on the lot lines and without regard for intervening structures. 4. The owner or lessee of the property shall operate the facility and reside in the home. 5. One off-street parking space for each room rented and each employee shall be provided in addition to the parking required for single-family occupancy. 6. Service shall be limited to the rental of rooms and the provision of breakfast for overnight guests. No food preparation or cooking guests shall be conducted within any bedroom made available for rent. 7. Signs shall be limited to one on-premises sign not to exceed two square feet. X-.Y. Accessory uses shall be permitted for horticultural uses provided the buildings to house said use do not exceed 10% of the net area (or 8,000 square feet whichever is less) of the lot that the primary horticulture use is located. Such accessory uses include: offices, storage (subject to subsection H), packing, assemblage, distribution, maintenance, related grading (soil mixtures), and the like. Y-.Z. Other Necessary and Customary Uses. Accessory uses and structures, in addition to those identified above, which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to principal use, as determined by the Director. AAA. Temporary Food Stand. Temporary food stands for sale of agricultural products or cottage foods as defined by state law by the resident(s) are permitted as an activity of limited duration (12 hours a week during daylight hours) and may involve the placement of non- permanent structures (e.g., portable furniture) not exceeding a maximum of 120 square feet in sale/display area. Structures shall not create a nuisance, obstruction or hazard and shall not displace required parking for other uses on the site. (Ord. 88-06; Ord. 89-41; Ord. 90-08; Ord. 92-28; Ord. 92-30; Ord. 93-07; Ord. 94-11; Ord. 97-17; Ord. 2006-06; Ord. 2015-01; Ord. 2016- 08). SECTION THREE: Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. SECTION FOUR: Public Notice and Effective Date. The City Clerk is directed to prepare and have published a summary of the ordinance no less than five days prior to consideration of its adoption, and again within 15 days following adoption, indicating the votes cast. This Ordinance will become effective following certification by the California Coastal Commission as being consistent with the Local Coastal Program for the City of Encinitas and California Coastal Act. SECTION FIVE: This Ordinance was introduced on February 14, 2018. PASSED AND ADOPTED this 14th day of March, 2018 by the following vote to wit: AYES: Blakespear, Boerner Horvath, Kranz, Mosca, Muir NAYS: None ABSTAIN: None ABSENT: None / Catherine Blakespear, Mayor City of Encinitas ATTESTATION AND CERTIFICATION: I hereby certify that this is a true and correct copy of Ordinance No. 2018-02 which has been published pursuant to law. Kathy HoltywodU, City Clerk