Alameda (City)
ANAHEIM ADU / GRANNY FLAT
ORDINANCE
May 30, 2018
http://caladu.org/ordinance/Anaheim-9-21-2017.pdf
ORDINANCE NO. 6 4 3 9
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 15.70 (PRESERVATION OF RENTAL HOUSING PROPERTIES) OF TITLE 15 (BUILDING
AND HOUSING) AND TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE FOR THE
PURPOSE OF REGULATING ACCESSORY DWELLING UNITS AND COMPLYING WITH STATE LAW
AND FINDING AND DETERMINING THAT THIS ORDINANCE QUALIFIES FOR A STATUTORY
EXMEPTION FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO SECTION 21080.17 OF THE CALIFORNIA PUBLIC RESOURCES CODE.
(ZONING CODE AMENDMENT NO. 2017-00140)
(DEV2017-00047)
WHEREAS, pursuant to Section 18.38.230
(Second Units) of Title 18 (Zoning) of the Anaheim Municipal Code, a “Second
Unit” is an attached or detached residential dwelling unit on a lot zoned for
residential use that provides complete independent living accommodations and
facilities for living, sleeping, eating, cooking and sanitation for one or
more persons on the same parcel as an established single-family dwelling unit
and is permitted provided that certain standards are met; and
WHEREAS the State of California has
identified housing construction as a statewide priority and the legislature
has adopted numerous reforms and incentives to facilitate and expedite its
production of housing including recent changes to State law to reduce
barriers, streamline approvals and encourage the development of accessory
dwelling units; and
WHEREAS on September 27, 2016, the Governor
of California approved Senate Bill 1069 (Chapter 720, Reg. Sess. 2016) (“SB
1069”), which eliminated perceived barriers to the development of accessory
dwelling units and prohibits local governments from adopting an ordinance
precluding accessory dwelling units; and
WHEREAS, on September 27, 2016, the Governor
of California approved Assembly Bill 2299 (Chapter 735, Reg. Sess. 2016)(“AB
2299”), which requires local governments to ministerially approve accessory
dwelling units if they comply with certain parking requirements, design
standards, and development standards; and
WHEREAS, any ordinance of a local government
that does not meet the requirements of SB 1069 and AB 2299 is null and void;
and
pursuant to the City’s police
power, as granted broadly under Article XI, Section 7 of the California
Constitution, the City Council of the City of Anaheim (“City Council”) has
the authority to enact and enforce ordinances and regulations for the public
peace, morals and welfare of the City of Anaheim (the “City”) and its
residents; and
WHEREAS, the purpose of this ordinance is to
comply with State law regarding the development of accessory dwelling units
and to implement the goal and policy of the housing chapter of the Anaheim
General Plan regarding accessory dwelling units. It is also the purpose of
this ordinance to preserve the integrity and character of residential
neighborhoods and rename Second Units as “Accessory Dwelling Units”; and
WHEREAS, pursuant to the California
Environmental Quality Act (Public Resources Code Section 21000 et
seq.; herein referred to as “CEQA”) and the State of California
Guidelines for Implementation of the California Environmental Quality Act
(commencing with Section 15000 of Title 14 of the California Code of
Regulations; herein referred to as the “State CEQA Guidelines”), the City is
the “lead agency” for the preparation and consideration of environmental
documents for this ordinance; and
the City Council finds and
determines that this ordinance is statutorily exempt from the provisions of
CEQA per State CEQA Guidelines Section 15282(h) which establishes a statutory
exemption for the adoption of an ordinance regarding second units in a
single-family or multifamily residential zone by a city or county to
implement the provisions of Sections 65852.1 and 65852.2 of the Government
Code as set forth in Section 21080.17 of the Public Resources Code; and
WHEREAS from time to time and by resolution,
the City Council may identify areas of the City with insufficient water and
sewer services and where accessory dwelling units result in impacts to
traffic circulation and public safety and therefore accessory dwelling units
may not be permitted in such areas; and
WHEREAS, the City Council determines that
this ordinance is a matter of citywide importance and necessary for the
preservation and protection of the public peace, health, safety and/or
welfare of the community and is a valid exercise of the local police power
and in accord with the public purposes and provisions of applicable State and
local laws and requirements; and
WHEREAS, the City Council finds that the
ordinance complies with State law regarding the development of accessory
dwelling units, and implements the goal and policy of the Housing and Safety
Elements of the General Plan by ensuring that adequate housing to meet the
needs of the community is served by adequate public utility infrastructure.
CITY
OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1. That Section
15.70.070 (Exemptions) of Chapter 15.70 (Preservation of Rental Housing
Properties) of Title 15 (Building and Housing) of the Anaheim Municipal Code
be, and the same is hereby, amended and restated to read in full as follows:
.
Unless otherwise specified in this section,
the following rental housing units shall be exempt from the requirements of
this Chapter:
.
1.
Rental housing units that receive funding or
subsidies from federal, state or local government when the rental housing
units are inspected by a federal, state or local governmental entity at least
once every twenty (20) years as a funding or subsidy requirement and the
owner of the rental housing unit or the owner’s representative submits
information to the Director within sixty (60) days of being notified that an
inspection is required that demonstrates the periodic federal, state or local
government inspection is substantially equivalent to the inspection required
by this Chapter;
.
2.
Rental housing units that, within the past
twenty (20) years, have been newly constructed and either have been issued a
certificate of occupancy or have passed final inspection of construction by
the City. The twenty (20) year period begins to run on the earlier of the
date of final inspection of construction or the date of issuance of the
certificate of occupancy by the Building Division; and
.
3.
Senior Second Units, provided that the owner
lives in one of the units on the property and an immediate family member
lives in the other housing unit on the same property.
.
4.
Accessory Dwelling Units as defined in
Section 18.36.050 and subject to the provisions of Section 18.38.015.
SECTION 2. That Table 4-B
(Accessory Uses and Structures: Single-Family Residential Zones) of Section
18.04.030 (Uses) of Chapter 18.04 (Single-Family Residential Zones) of Title
18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended
to read in full as follows:
https://www.kerncounty.com/planning/pdfs/zo/2017AZOupdates.pdfBakersfield
Burbank Search Results
Accessory Dwelling Units
(JADU).
Search Results
Web results
El Cerrito
Lafayette
Lake Elsinore – “second unit”
San Juan
Capistrano
Thousand
Oaks
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