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Home My WebLink AboutOrdinance 2631 - Amending Title 18 (Accessory Dwelling Units) ORDINANCE NO. 2631 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18 (ZONING), CHAPTER 18.31 (RESIDENTIAL DISTRICTS: "RE" RESIDENTIAL ESTATE, "RS" RESIDENTIAL SINGLE FAMILY, AND "RM" RESIDENTIAL MULTIPLE FAMILY) BY AMENDING SECTION 18.31.030-C (DEVELOPMENT REGULATIONS); CHAPTER 18.43 (STANDARDS FOR SPECIFIC LAND USES) AND BY AMENDING SECTION 18.43.140 (ACCESSORY DWELLING UNITS) THEREBY UPDATING THE ZONING CODE TO BE IN COMPLIANCE WITH STATE LAW WHEREAS, the City of Redding Planning Commission held a duly noticed public hearing pertaining to proposed amendments to Redding Municipal Code section 18.31.030-C and 18.41.140 on July 14, 2020; and WHEREAS, the City Council of the City of Redding held a duly noticed public hearing on December 1, 2020, whereby it considered the oral and written report of City staff, and public comment; and WHEREAS, the City Council finds compliance with State law will be attained through the adoption of the amended regulations relating to accessory dwelling units; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 18 (Zoning), Chapter 18.31 (Residential Districts: "RE" Residential Estate, "RS" Residential Single Family, and "RM" Residential Multiple Family) and Chapter 18.43 (Standards for Specific Land Uses) are hereby amended to read as follows: 18.31.030 Site Development Regulations and Performance Standards Schedule 18.31.030-A: Lot Area and Width—Residential Uses; Schedule 18.31.030-B: Density Regulations—Residential Uses; and Schedule 18.31.030-C: Development Regulations Residential Uses are included in this section. The numbers in the tables refer to standards immediately below the table. Schedule 18.31.030-A: Lot Area and Width—Residential Uses 9Districts,F„ !M.tniLMn _ Lot � MinimumLotDa e th 2mum Width gyp RE-1 30,000 100 RE-2 14,000 85 RS-2 10,000 80 C RS-2.5 8,000 75 RS-3 7,000 (8,000 sq. ft. corner lot) 70 RS-3.5 6,0001 (7,000 sq. ft. corner 65 (70-foot corner lot) 100 feet RS-4 lot) 60 (70-foot corner lot) RM-6 RM-9 10,000' 80 RM-10 Mn11RiUnl LOt��ldth� aMinimum I of Deptli „a i Districts, MinimumI:ot Area` s .,ft),,, RM-12 RM-15 RM-18 15,000 100 RM-20 RM-30 30,000 100 Notes: Lot sizes may be reduced for small-lot subdivisions in accordance with Section 18.31.050. 2 Applies to street frontage;cul-de-sac lot width may be reduced to 35 feet; flag lots must have a minimum street frontage of 20 feet for a single flag lot;and 15 feet per lot for adjacent flag lots. Also, see Title 17, Subdivisions.See Section 18.46.080(Nonconforming Parcels) Schedule 18.31.030-B: Density Regulations—Residential Uses. The base number of dwelling units permitted on any "RE," "RS," or "RM" parcel shall be computed by deducting areas of slopes over 20 percent (20%) and any areas subject to flooding from a 100-year-storm event (as determined by FEMA or the Citywide Master Storm Study (Montgomery-Watson Report) or by other flood studies acceptable to the City) and multiplying the remainder (gross developable acreage) by the base density of the district as shown in Schedule 18.31.030-B. Schedule 18.31.030-13 depicts the lower and upper ends of the density range for each single- family residential district based on General Plan land use classifications. The schedule also establishes the maximum density permitted in each "RM" District. That density is expressed in the maximum number of dwelling units permitted based on the net area of the lot. This code specifically is structured to correct the density from gross to net for "RM" Districts. The schedule also provides for increases in density beyond those depicted on the zoning map under certain specified circumstances. Schedule 18.31.030-B: Density Regulations—Residential Uses '�� " Base Density 1VIax�mum Density i9 y urt� m; D�stncts Units per gross Units pergross a �„�4�Denstty Increases' �a ire„t Ni ((��i�s , develo, able acre deyelo able-acre y Fa 'in!_, ,liva� � Increases over the base density shown on the zoning map and RE-1 1 1 as reflected in this table shall be allowed only under one or more of the following circumstances: 1.The Planning Commission determines that the additional RE-2 2 2 site and building design elements listed in Section 18.31.040, for single-family developments,are in evidence. RS-2 2 3.5 2. In single-family districts, the base density may be adjusted within a given range to reflect the density allowed by the RS-2.5 2.5 3.5 General Plan in effect on October 1, 2000 (previous General Plan), in accordance with General Plan policy. To attain the adjusted density, it must be demonstrated to the satisfaction RS-3 3 3.5 of the Planning Commission that the adjusted density is acceptable considering the following factors: site RS-3.5 3.5 6 topography, public-street access, availability of utilities, existing neighborhood characteristics, including the average RS-4 4 6 density of surrounding development. @VIII L ""J�IItI:NI:IiIII" i i�i'Iniiii Icy (I�In S. ( N' i111',p� Base Dens�ty.l` Maximum Density il' l l!i SPIN s"; 1* lii� „y1A�Iiiii liwl9�Il(n 1 �. 9ii�liP��i:91 �I�i _ ss Disti acts° LTnits� erg rosy Units er gross (�I� r,�„ i' Density Increases''~ 0 P— g _ , �� .11. develo able acre; deuelo able,acre ��' , �4� . Onendwe Img unitI��3.A density bonus consistent with Government Code Section �n �, l,net s uarieafoo,t65915,et seq., is approved. RM-6 6 5,500 sf 4.Housing developments for low/moderate income senior RM-9 9 4,500 sf citizens may be approved at 200 percent of base density for RM-10 10 3,500 sf one-bedroom units and 150 percent of base density for RM-12 12 3,000 sf two-bedroom units for apartment projects in the RM-15 15 2,500 sf M-18 18 2,225 sf "RM" District. R Th RM-20 20 1,850 sf 5. e base density for any residential development in the "RM-12" District, "RM-15" District, or "RM-18" District that reserves a minimum of 35 percent of the residential RM-30 30 1,450 sf units for extremely low, very low, and/or low income households shall be 20 units per acre. Notes: • Density credit shall not be given for lands encumbered by public or quasi-public agency utility easements for which compensation for said easement has been paid. • Because development sites and types differ significantly,maximum residential density in the"RM"District may be based on either"gross developable acres"or"net developable acres,"whichever provides the highest number of dwelling units. Schedule 18.31.030-C: Development Regulations—"Residential" Districts BIAdditional Regulations "RS-2" tubers rethrough"RS-4" , standards�mmed�ately s 3° 18 belowthetalile Building Form and Location Maximum Height(feet) 35 35 45 50 (2) Minimum Yards(feet) (1) (8)all districts Front 25 15 15 15 See Section 18.31.050 for small-lot subdivisions (9) 15 feet total;no Aggregate side yard less than 5; 10 (2); (3); (4)--for RM 30';no 5 feet(except for 2 or districts Side side less small-lot more 10 (8)for RE&RS districts than 10' subdivisions stories (9) (Section (10) 18.31.050) (8)for RE&RS districts See Section 18.46.040 for Corner Side 15 15 15 15 Existing Nonconforming building setbacks (9) (10) Rear 15 15 15 15 (2) (8)for RE&RS districts Single-story-10 ft. Distance Between Main 1 &2 story-15 ft. Structures 3 or more stories- 20ft GEIR -0 rr n 'RM$n n n Additions Regulations= MWE RS-2 RM-20 "RE l" _ through (Numbersrefernto - _ ,� < , through through LIM �� "RM-30" stand ardsimmediately Maximum Lot Coverage 40% 40% (7)RM districts only Vehicle Accommodation-See Cha ter 18. 1, O -Street Parkin and Loading Front-yard setback area may not be used for Limitations on Parking required parking; Frontage Yes Yes Yes Yes minimum garage and carport setback of 20 feet where garage or carport faces a street Garage Frontage Limitations Yes Yes — — (6) Other Standards Accessory Uses/Structures See Section 18.43.020 Accessory Dwelling Units ( See Section 18.43.140 ADUs)or Junior ADUs Buffer Yards See Section 18.40.020—RM districts only Common and Private Open (5)RM districts only Space Design Criteria For discretionary permits,see Section 18.40.050 Off-Street Parking (11) Roof-Mounted Mechanical Prohibited—See Section 18.40.130 Equipment Setbacks from Creeks and See Chapter 18.48 Riparian Areas Sky Plane See Section 18.40.150—RM districts only (1) Front-Yard Setback. The required front-yard setback may be determined through averaging provided that when 4 or more parcels in a block have been improved with structures, the minimum front-yard setback shall be the average of the setbacks on the improved parcels if this average is less than the minimum setback required by this chapter. The maximum setback in the "RE" and "RS" Districts for lots less than forty- thousand (40,000) square feet is fifty (50) feet, or forty percent (40%) of the lot depth, whichever is greater unless a zoning exception is obtained. (2) Multi-story Limitations. In order to limit impacts to the rear-yard privacy of single- family developments and to ensure adequate building bulk and height transitions between single-family and multiple-family districts, the following "RM" multistory setback is established: The minimum setback to a second or higher story, where an "RM" District abuts an "RE" or "RS" District shall be twenty-five (25) feet. For discretionary permits, including subdivision of land, the approving body may require second-story setbacks up to fifty (50) feet if, given the circumstances of the site and surrounding properties—such as building size and height, topography, and similar considerations—the additional setback is necessary to achieve the intent of this section. (3) Minimum Yards. Projections into yards are allowed for decks, porches, bay windows, roof eaves and similar features; see Section 18.40.030, Building Projections into Setback Areas. (4) Minimum Side Yard. The minimum side yard shall be increased two (2) feet per story for each story over two (2) in a multiple-family building, unless the upper story is set back ten (10) feet from the building face. Where a dwelling fronts on a side yard, the side yard shall be a minimum of fifteen (15'). (5) Private and Common Outdoor Living Area. Each multiple-family residential development (two (2) or more dwelling units on a single lot) shall provide private and common areas for its tenants. Private areas typically consist of covered or uncovered balconies, decks, patios, porches, fenced yards, and similar areas outside the residence. A minimum of eighty (80) square feet with a minimum depth of ten (10) feet shall be provided with each dwelling unit. The minimum depth can be reduced to six (6) feet for upper-story units. Common outdoor-activity areas typically consist of landscape areas, walks, patios, swimming pools, barbeque areas, shade elements, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development. All areas not improved with buildings, parking, vehicular access ways, trash enclosures, and similar items shall be developed as common areas with the type of attributes described above. Common areas in developments of twenty (20) or more dwelling units must be of sufficient size and arrangement such that they allow adequate area for gathering,play, and other outdoor activities for their tenants and guests. Private I R 1E M IT ` open space tt 't t W tt #b It . It t t it it Ia It Common it t t it it tb It Rear open w $ pp W th W Front setback space3 etback Street Section 18.31.030-C MULTIPLE FAMILY (APARTMENTS ) RESIDENTIAL OPEN SPACE (6) Garage Frontage Limitations. Where garage doors face a street, garage fronts (in linear feet) shall not exceed 45 percent of the width of the lot as measured at the proposed building setback line. This limitation can be exceeded by an additional 10 percent of the lot frontage where the garage extends beyond the front door of the residence and is separated by a depth of no more than 6 feet, measured from a line extended parallel to the plane of the front door. In the case of garages designed to accommodate 3 or more vehicles, at least one garage front must be offset from the remaining garage fronts by at least 2 (2) feet. (7) Maximum Lot Coverage. Maximum lot coverage calculations in the "RM" Districts include buildings, driveways, parking areas, and trash-enclosure areas. Schedule 18.31.030-D indicates the maximum allowable lot coverage in each "RM" District. Schedule 18.31.030-D: Maximum Lot Coverage i1j1iitw i,,,Cw 1$1111111 1 ii ��Zonmg District a r N t t ih ,, INS, �,Couerage rP11 RM-6 60% RM-9 65% RM-10 70% RM-12 70% RM-15 75% RM-18 75% RM-20 80% RM-30 85% (8) Recreational Vehicle Storage. Recreational vehicles, including, but not limited to, motor homes, travel trailers, detached campers/shells, boats, and trailers of all types shall not be stored within any front-yard or street side-yard setback unless a zoning exception is granted pursuant to Chapter 18.15. Such vehicles are permitted to be stored in interior side-yard or rear-yard setback areas. Items stored within the setback areas must be placed so as to prevent violations of the California Building Code with respect to egress, natural light, and ventilation and shall not contribute to or constitute blight, as defined by the Redding Municipal Code. The regulations of this section do not apply to: (1) Class B motor homes (commonly known as "van conversions") which otherwise comply with applicable parking standards and (2) temporary parking of recreational vehicles as necessary for customary active loading and unloading activities associated with the intended use of the vehicles for a period not to exceed seventy-two (72) hours in a one- week period. (9) Storage Buildings. No storage buildings or similar structures shall be placed or erected in any front-yard or corner side-yard setback area regardless of size. (10) Corner Side Setback Exception. Corner side setbacks on lots created prior to adoption of this Code (October 1, 2002) may utilize the corner side setback required by the Zoning Code at the time of lot creation, but in no case shall it be less than ten (10) feet. (11) With the exception of driveways,walkways, and porches, no portion of a single family lot between the front lot line and the dwelling shall be paved; in addition, an area no greater than twenty (20) feet in width adjacent to the side of a driveway that is nearest to an abutting lot may be paved and utilized for off-street parking (with the exception of recreational vehicles in accordance with Schedule 18.31.030-C). Circular driveways constructed pursuant to an encroachment permit approved by the City Engineer may be utilized for off-street parking. Off-street parking on a single family lot between the front lot line and the dwelling shall be limited to driveways and paved parking areas adjacent to driveways as described above. 18.43.140 Accessory Dwelling Units A. Purpose and Applicability. The purpose of this section is to comply with the general laws of the State of California pertaining to accessory dwelling units as a means to increase the supply of smaller affordable housing and to recognize that energy-efficient accessory dwelling units are more affordable to the occupants of the dwelling. Redding Municipal Code Section 18.43.140 (or "this Section") establishes standards for the development of accessory dwelling units and junior accessory dwelling units to ensure that they remain compatible with the existing neighborhood. The provisions of this Section apply to all lots that are occupied or proposed to be occupied with a single-family or multi-family dwelling use. Accessory dwelling units and junior accessory dwelling units may exceed the allowable density for the lot upon which the unit is located, and are a residential use that is consistent with the existing General Plan and zoning regulations of the lot. Any application that meets the requirements of this Section will be approved without a discretionary permit or a public hearing subject to meeting all applicable provisions of this Code and California Building Codes. B. Location. An accessory dwelling unit may be constructed in any District allowing single-family or multi-family uses if the existing or proposed use of the property is a residential use. A junior accessory dwelling unit may be constructed in any District allowing single-family or multi-family uses if the existing or proposed use of the property is a single-family use. Applications for accessory dwelling units and junior accessory dwelling units may impose conditions if. (1) the proposed unit would result in adverse impacts to any real property that is listed in the California Register of Historic Places; and/or (2) the accessory dwelling unit will not be in compliance with all provisions of this Section. C. Development Standards. Permits for accessory dwelling units or junior accessory dwelling units will only be issued if they comply with the following development standards set forth in this Section. An application for an accessory dwelling unit shall include elevations for all building sides which show all openings, exterior finishes, roof pitch, and siding and roof materials for the existing residence. Accessory dwelling unit and junior accessory dwelling units within an existing building shall only be subject to current building codes in effect at the time of permit submittal. 1. Lot Size. Lot size is not applicable to accessory dwelling units and junior accessory dwelling units. 2. Unit Size. a. Detached or Attached Accessory Dwelling Units. Each lot meeting the requirements of this Section shall be entitled to one detached or attached accessory dwelling unit meeting the requirements of the California Building Code for efficiency units and not exceeding 1,000 square feet. b. Units Within Proposed or Existing Spaces. Each lot meeting the requirements of this Section shall be entitled to one accessory dwelling unit or junior accessory dwelling unit within the space of a proposed or existing single-family dwelling or accessory structure. An expansion no more than 150 square feet to accommodate ingress and egress is allowed beyond the physical dimensions of the existing accessory structure. i. Junior accessory dwelling units. The unit size of junior accessory dwelling units shall be no more than 500 square feet. C. Attached Accessory Dwelling Units to Existing Main Dwellings. The living area of an attached accessory dwelling unit shall not exceed 50 percent of the living area of the existing main dwelling unit or 800 square feet, whichever is greater. 3. Lot Coverage. Lot coverage is not applicable to accessory dwelling units and junior accessory dwelling units. 4. Height and Setbacks. a. Detached and Attached Accessory Dwelling Units. Detached and attached accessory dwelling units shall comply with the following table: Setback from Property Line Corner Use Type of Structure Front Side Yard Side Rear Regulation Yard' (street Yard' Yard' side)' Detached ADU' p' £6 Equal or less than 16 15 feet' 4 feet 4 feet 4 feet P feet in height • Greater than 16 feet in height • Equal to or less than 25 feet in RL Zone 15 feet' 4 feet 10 feet 15 feet P • Equal to or less than 22 feet in all other Zones • Greater than 25 feet in RL Zone 15 feet' 4 feet 10 feet 15 feet Sd • Greater than 22 feet in all other Zones Attached ADU Not to exceed maximum building 15 feet' 4 feet' 4 feet' 4 feet P height allowed for the main dwelling. 1. Unless a recorded easement restricts setback to a greater setback. 2. If detached, the front of the accessory dwelling unit shall not be located closer to the street than the front of the existing or proposed primary residence unless a zoning exception is obtained. 3. Unless the accessory dwelling unit is contained within the existing space of a legally constructed main dwelling. b. Conversion of Existing Accessory Structures. When an existing and legally constructed structure is converted or partially converted to an accessory dwelling unit or junior accessory dwelling unit, any nonconforming setbacks of said structure may be maintained. 5. Architectural Compatibility. The accessory dwelling unit shall incorporate the same or similar architectural features, building materials, roof pitch, and colors as the main dwelling unit. 6. Separate Entrance. Junior accessory dwelling units shall include a separate entrance from the main entrance to the proposed or existing single-family dwelling. 7. Efficiency Kitchen. At a minimum,junior accessory dwelling units shall include an efficiency kitchen which shall include all of the following: a. A cooking facility with appliances. b. A food preparation counter and storage cabinets that are reasonable size in relation to the size of the unit. 8. Off-Street Parking. One covered or uncovered off-street parking space shall be provided for the accessory dwelling unit. The required parking space may be provided as a tandem parking space located within the front-yard setback within a driveway or as a standard space located within the front-yard setback within a paved area immediately adjacent to the driveway. Additional parking shall not be required in any of the following instances: a. The accessory dwelling unit is located within one-half mile of public transit. b. The accessory dwelling unit is located within an architecturally and historically significant historic district. C. The accessory dwelling unit is a part of the existing main dwelling unit or an existing accessory structure. d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. e. When there is a car share vehicle located within one block of the accessory dwelling unit. f. When on-site parking is removed to allow for an accessory dwelling unit. 9. Utilities. Separate electric meters are required for accessory dwelling units unless the unit is contained within the existing space of the main dwelling unit or an accessory structure, has independent exterior access from the main dwelling unit, and the side and rear setbacks are sufficient for fire safety. Separate water and gas meters are allowed at the option of the property owner. D. Deed Restrictions. 1. From January 1, 2020, until January 1, 2025, any application for construction of or conversion into an accessory dwelling unit is not required to be owner occupied or otherwise comply with the provisions set forth in Subsection (D)(3). 2. Prior to January 1, 2020, and after January 1, 2025, Subsection (D) (3) will apply to accessory dwelling units. 3. Before obtaining a building permit, 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, containing a reference to the deed under which the property was acquired by the owner stating that: a. The accessory dwelling unit shall be considered legal only so long as either the primary residence or the accessory dwelling unit is occupied by the owner of the property; b. The accessory dwelling unit cannot be sold separately; C. The restrictions shall be binding upon any successor in ownership of the property, and lack of compliance may result in legal action against the property owner. E. Preexisting Accessory Dwelling Unit. Accessory dwelling units existing prior to adoption of this section, the structure/use of which is nonconforming, may be considered conforming, if the Director issues a Zoning Clearance if it is determined that the accessory dwelling unit complies with the requirements of this Section, which may include compliance with Building and Fire Codes. F. Conversion of an Existing Dwelling to an Accessory Dwelling Unit. In cases where an existing legally constructed single-family or multi-family dwelling is located on a parcel zoned for single-family or multiple-family use, the existing dwelling, which is intended to become the lawful accessory dwelling unit, must comply with all the requirements of this Code, including size limitations. The primary residence shall be constructed in accordance with the provisions of the applicable zoning district and other requirements of this Code. G. Existing Multi-family Dwelling. In cases where an existing legally constructed multi- family dwelling is located on a parcel zoned for multi-family use, portions of the structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, may be converted into an accessory dwelling unit. However,the number of accessory dwelling units allowed within the existing multi-family dwelling shall not exceed more than twenty-five percent of the existing number of dwelling units. Additional to the existing multi-family dwelling, a maximum of two detached accessory dwelling units with a maximum height of sixteen(16) feet and minimum four (4) -foot side and rear yard setbacks are allowed. H. Use. Properties developed with Accessory Dwelling Units may not be leased/rented for periods of thirty (30) days or less and shall not be used as a Short-Term Rental as defined by Section 18.43.180. Units may not be sold separately from the primary unit on the parcel, except as provided by the Government Code of the State of California. I. Nonconformities. Nonconforming zoning conditions, existing at the time of permit submittal for an accessory/junior dwelling unit, may be continued and shall not be subject to Chapter 18.46, Nonconforming Uses, Structures, Sites, and Parcels. Section 2. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Redding hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Section 3. The passage of this ordinance is not a "project" according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. Section 4. This ordinance shall take effect thirty(30)days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 1 st day of December, 2020, and was duly read and adopted at a regular meeting on the 15th day of December, 2020, by the following vote: AYES: COUNCIL MEMBERS: Dacquisto,Mezzano,Schreder,Winter,and Resner NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None - ABSTAIN: COUNCIL MEMBERS: None ERIN D. JESNER, Mayor Attest: Form Approved: ,�h, � 7?__1_// PAMELA MIZE, City Clerk BARRY E. De ALT, City Attorney DATE ATTESTED: December 13", 2020