HomeMy Public PortalAboutOrdinance 1149ORDINANCE NO. 1149
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BEAUMONT, CALIFORNIA
ADDING CHAPTER 17.15 "ACCESSORY DWELLING UNITS (ADU'S) AND
JUNIOR ACCESSORY DWELLING UNITS (JADU'S)" TO
THE BEAUMONT MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE
COUNTY, STATE OF CALIFORNIA AS FOLLOWS:
SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt
from the California Environmental Quality Act ("CEQA") pursuant to 15061(b)(3), CEQA review is not
required because there is no possibility that this Ordinance may have a significant effect upon the
environment and the proposed text amendments constitute a minor alteration in a land use limitation
under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the
City's zoning powers.
SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph,
sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final
court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such
invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this
Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that
it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and
intends that the invalid portions should be severed, and the balance of the Ordinance enforced.
SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal
of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City
ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date
hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation
thereof.
SECTION 4. The City Council hereby amends Title 17, to include Chapter 17.15 entitled "Accessory
Dwelling Units (ADU's) and Junior Accessory Dwelling Units (JADU's)" to the Beaumont Municipal
Code, to read as specifically set forth in Exhibit "A", which Exhibit is attached hereto and made a part
hereof.
SECTION 5. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to
the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days
after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30
days after adoption in accordance with Government Code Section 36937.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California,
approves an amendment to the City Code.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City
Council of the City of Beaumont, California, held on the 20th day of September 2022, by the following
roll call vote:
AYES: Lara, Santos, Martinez, White
NOES
ABSENT: Fenn
ABSTAIN
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
Beaumont, California, held on the 4th day of October 2022.
AYES: Lara, Santos, Fenn, Martinez, White
NOES:
ABSENT:
ABSTAIN:
Lloyd bite, Mayor
Attest:
City Clerk
Approved as to form:
John 0. Pinkney, City
City of Beaumont
Accessory Dwelling Unit Ordinance
Chapter 17.15 ACCESSORY DWELLING UNITS (ADUs) AND
JUNIOR ACCESSORY DWELLING UNITS (JADUs)
17.15.010. Pu
The purpose of this Chapter is to allow and regulate accessory dwelling units (ADUs) and junior
accessory dwelling units QADUs) in compliance with Government Code Sections 65852.2 and
65852.22.
17.15.020. Applicability.
A. This Chapter establishes standards for ADUs and JADUs throughout the city.
B. Where this Chapter does not contain a particular standard or procedure, applicable
standards and procedures in this Zoning Code shall apply unless otherwise stated.
C. An ADU or JADU that conforms to the development standards in this Chapter is deemed to
be an accessory use and shall not count towards the overall density for the lot on which it is
located.
17.15.030. Numberof Unit Tvves Allowed.
A. Single -Family Dwellings. On lots with an existing or proposed single-family dwelling, up to
one ADU and one JADU shall be allowed.
B. Multifamily Dwellings. On lots with existing or proposed attached multifamily dwellings, the
following shall be allowed:
1. Up to two detached ADUs, provided each detached ADU is no more than 16 feet in
height and has side and rear yard setbacks of at least four feet; and
2. Non -habitable portions of the existing main structure may be converted to an ADU(s)
provided that the maximum number of such ADUs shall not exceed 25 percent of the
number of multifamily units, and each ADU complies with Building Code standards.
17.15.040. Permit Process, Timing, and Fees.
A. Administrative Plot Plan Required. ADUs and JADUs shall require plot plan approval by the
Community Development Director subject to the finding that the ADU or JADU complies with
this Zoning Code and Government Code Sections 65852.2 and 65852.22 as applicable. A
building permit shall also be required for construction of an ADU or JADU.
B. Ministerial Review Required.
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Accessory Dwelling Unit Ordinance
1. The City shall act on an application to create an ADU or JADU, either by approving the
application or sending a notice of deficiency, within 60 days of receipt of a complete
application. Such applications resubmitted in response to a notice of deficiency shall
be approved or a notice of deficiency sent within 60 days.
2. When an application to create an ADU or JADU is submitted with a permit application
to create a new single-family dwelling on the lot, the City may delay acting on the
permit application for the ADU or JADU until the City acts on the permit application
to create the new single-family dwelling, but the application to create the ADU or
JADU shall be considered ministerially without discretionary review or a hearing.
C. Impact and Utility Fees. Prior to issuance of a building permit for an ADU or JADU, the
applicant shall pay all applicable fees.
1. No impact fees shall be imposed on a JADU or an ADU less than 750 square feet in
size.
2. Impact fees charged for ADUs greater than or equal to 750 square feet shall be
charged proportionately in relation to the square footage of the primary unit (e.g.,
the floor area of the ADU, divided by the floor area of the primary dwelling, times the
typical fee amount charged for a new dwelling).
3. For the purposes of this section, "impact fee" means a "fee" as defined in
Government Code Section 66000(b) and a fee specified in Government Code Section
66477. Impact fees do not include any connection fee or capacity charge for water or
sewer service.
4. If an ADU or JADU is constructed with a new single-family home, a separate utility
connection directly between the ADU or JADU and the utility and payment of the
normal connection fee and capacity charge for a new dwelling shall be required.
5. Installation of a separate direct connection between an ADU or JADU contained
within an existing structure and the utility shall not be required. ADUs not within an
existing structure shall be required to install a new or separate utility connection and
be charged a connection fee and/or capacity charge. These charges shall be
proportionate to the burden imposed by the ADU on the water or sewer system
based upon either its size or number of plumbing fixtures as determined by the City.
17.15.050. General ADU and JAB"" Requirements_
A. No Separate Conveyance. An ADU or JADU may be rented, but no ADU and JADU may be sold
or otherwise conveyed separately from the primary dwelling unit, nor shall the lot containing
the ADU or JADU be subdivided, unless the property was built or developed by a qualified
nonprofit corporation and all provisions of Government Code Section 65852.26 are met.
B. Short -Term Rental Use Prohibited. No ADU or JADU may be rented for a term that is shorter
than 30 days.
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Accessory Dwelling Unit Ordinance
C. No Minimum Parcel Size. No minimum parcel size shall be required to establish an ADU or
JADU.
D. Minimum Unit Size. The minimum size of an ADU or JADU is 150 square feet ("efficiency unit"
per Health and Safety Code Section 17958.1).
E. Entrances. The main entrance to an attached ADU or the exterior entry of a JADU may not be
located on the front of the primary unit.
F. Second Story Units. New second -story windows in an ADU or JADU that are 25 feet or less
from a property line shall incorporate at least one of the following:
1. The proposed second -story window of the ADU or JADU shall be positioned such that
the window sill is at least five feet above finished floor; or
2. The proposed second -story window of the ADU or JADU shall utilize frosted or
obscured glass in the glazing portion of the window (i.e., glass that is patterned or
textured such that objects, shapes, and patterns beyond the glass are not easily
distinguishable).
G. Colors and Materials. An ADU shall have matching colors and materials as the primary
dwelling unit (i.e., use of the same wall and trim material or wall and trim material that
visually appears the same as the primary dwelling unit, including color and texture).
H. Fire Sprinkler Requirements. ADUs and JADUs shall not be required to include fire sprinklers if
they are not required for the primary residence.
I. Existing Nonconforming Conditions. An ADU or JADU shall not be required to correct a
nonconforming zoning condition. This does not prevent the City from enforcing compliance
with applicable building standards in accordance with Health and Safety Code Section
17980.12.
J. Rental Data. The owner of the lot on which an ADU or JADU is located will be requested to
participate in the City's monitoring program to determine rent levels of ADUs and JADUs for
the City's Regional Housing Needs Allocation reporting.
K. Deed Restriction. A deed restriction shall be recorded against the lot containing the ADU or
JADU with the Riverside County recorder's office prior to issuance of any certificate of
occupancy for the ADU or JADU. The deed restriction shall run with the land and may be
enforced against future property owners. Among other requirements, the deed restriction
shall state that the ADU or JADU may not be transferred or sold separately from the primary
dwelling. The form of the deed restriction shall be provided by the City.
L. ADU Removal. If an ADU or JADU is removed or converted to another use after a certificate of
occupancy has been issued for the ADU or JADU, any deviations from development
standards (e.g., setbacks, parking) or exemptions granted specific to the ADU or JADU use
(e.g., reduced or exempt fees) shall be brought into compliance with the standards and
regulations in effect at the time. Upon approval of the reversion request by the City, the
deed restriction applicable to the ADU or JADU shall be rescinded from title.
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Accessory Dwelling Unit Ordinance
17.15.060. Additional Accessory Dwelling Unit (ADU) Standards
A. Maximum Size. The maximum size of a detached or attached ADU is 850 square feet for a
studio or one -bedroom unit and 1,200 square feet for an ADU with two or more bedrooms.
1. ADUs created from the conversion of existing space may exceed these size limits.
2. An addition of up to 150 square feet to accommodate ingress and egress for an ADU
created from the conversion of an existing accessory structure shall be exempt from
the maximize size standard.
B. Setbacks
1. Front setbacks shall be those established by the applicable zone district.
2. Minimum side and rear setbacks shall be four feet or the setback for the applicable
zone district, whichever is less.
3. If a detached ADU would be constructed in the same location and to the same
dimensions as an existing structure, the ADU may maintain the same setbacks as the
existing structure.
C. Height. Height shall not exceed the height of the main unit or 16 feet, whichever is greater.
D. Parking.
1. One off-street parking space shall be provided for each ADU. The parking space may
be provided as tandem parking and may be located in setbacks, but not in the front
yard unless on the driveway.
2. When a garage, carport, or covered parking structure is demolished in conjunction
with construction of an ADU or is converted to an ADU, those off-street parking
spaces shall not be required to be replaced.
3. Parking for an ADU shall not be required in the following situations:
a. The ADU is located within one-half mile walking distance of public transit.
b. The ADU is located within an architecturally and historically significant
historic district.
c. The ADU is part of the proposed or existing primary residence or an existing
accessory structure.
d. When on -street parking permits are required but not offered to the occupant
of the ADU.
e. When there is an established car share vehicle stop located within one block
of the ADU.
E. Design.
1. A newly constructed detached ADU shall be located behind the street -facing fa4ade
of the primary unit.
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Accessory Dwelling Unit Ordinance
2. When a garage is converted to an ADU, the garage door shall be removed and
replaced with either windows or a door (provided the door does not face the street if
it is an attached ADU). Windows and doors shall be of the same size, proportion, and
spacing as the primary dwelling unit.
3. A solid fence six feet in height or vegetative screening/plantings of species with a
mature height of at least 10 feet shall be located or constructed along interior side
and rear property lines adjacent to the ADU if the ADU is located less than 10 feet
from respective property lines.
F. Other Standards. Lot coverage, open space, and floor area ratio limitations, where applicable,
shall not preclude the development of an ADU of up to 800 square feet and 16 feet in height
with a minimum of four -foot side and rear setbacks.
17.15.070. Additional Junior Accessory Dwelling Unit (JADU) Standards
A. JADUs shall be subject to an owner -occupancy requirement. A natural person with legal or
equitable title to the property shall reside on the property, in either the primary dwelling or
JADU, as the person's legal domicile and permanent residence. However, this owner -
occupancy requirement does not apply if the property is entirely owned by another
governmental agency, land trust, or housing organization.
B. JADUs shall have both interior access to the primary dwelling unit and an exterior door.
C. Parking shall not be required for a JADU.
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