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HomeMy WebLinkAboutOrd. No. 662 Amending Title XV, Chapter 153 (Zoning) in order to Amend the Zoning Definitions and Development Standards to Allow Accessory Dwelling Units and Junior Accessory Dwelling Units in All Zones that Allow Single or Multi-Family Units On-SiteI I I ORDINANCE NO. 662 AN ORDINANCE OF THE CITY COUNCI L OF THE CITY OF SAN GABRIEL, CALIFORNIA AMENDING TITLE XV, CHAPTER 153 (ZONING} IN ORDER TO AMEND THE ZONING DEFINIT IONS AND DEVELOPMENT STANDARDS TO AL LOW ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN ALL ZONES THAT ALLOW SI NGLE OR MULTI-FAMI LY UNITS ON -SITE , CONSISTEN T WITH STATE LAW (Zone Text Amendment No. 19 -003 -Urgency Ordinance) WHEREAS, new state laws that take effect on January 1, 2020 (State Assembly Bills 68 and 881 and Senate Bill 13), have put into place new requirements for Accessory Dwelling Units (ADUs) and Junior ADUs . These state laws make parts of the City 's current ADU requirements null and void and establish new regulations regarding the type and size of dwelling units, setbacks, restrictions for on-site parking, floor area ratio, lot coverage, demolition and replacement of structures and owner-occupancy requirements for all new ADUs and Junior ADUs ; and WHEREAS , this Ordinance establishes development standards regulating new ADUs and Junior ADUs in the zones that allow single or multi -family units on -site in compliance with State law, and modifies Ordinance No. 644 and No. 653 , which were adopted by the Council on June 10, 2018 and October 1, 2019, respectively, regarding the development of ADU; and WHEREAS , the Ordinance enacts permissible City standards for ADUs and Junior ADUs so that new ADU and Junior ADU applications approved by the City will provide new housing opportunities consistent with State law while protecting the public safety and being sensitive to the existing character of the City's single family and multiple family residential neighborhoods; and WHEREAS , on December 16, 2019, the Planning Commission held a duly noticed public hearing and recommended that the San Gabriel City Council the adopt the proposed Urgency Ordinance amending Title XV , Chapter 153 (Zoning) in order to amend the zoning definitions and development standards to allow ADUs and Junior ADUs in all residential zones, consistent with applicable state laws (ZTA No. 19-003); and W H EREAS , on January 7, 2020, the City Council at its regular meeting, held a public hearing on the proposed Zone Text Amendment No. 19 -003 ; and WHEREAS , said hearing was properly noticed in accordance with the relevant provisions of the State Government Code and San Gabriel Municipal Code; and WHEREAS , the Council considered the report and recommendations of the project planner, the action and recommendations of the Planning Board as evidenced in Resolution No. 19 -19 , and the evidence presented at such hearing ; and NOW, THEREFORE , the City Council of the City of San Gabriel does hereby ordain as follows: SECTION 1. All of the findings set forth above are true and correct and are incorporated herein as if restated in their entirety. SECTION 2. Section 153 .003 of Title XV, Chapter 153 (Zoning) of the San Gabriel Municipal Code is amended as follows: JUNIOR ACCESSORY DWELLING UNIT . A unit that is no more than 500 square feet in size and contained entirely within an existing single -family residence . A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing residence. SECTION 3 . Section 153.047 of Title XV, Chapter 153 (Zoning) of the San Gabriel Municipal Code is deleted in entirety and replaced with the following (Strikethrough indicates deletion): 15 3 .047 ACCESSORY DtNELLING UNITS (ADU). Ordinance No. 662 Page 1 of 12 I I I ADUs shall be permitted by the Community Development Director or designee upon determining that the application meets all of the follov«ing requirements. (A) (8) (C) (D) (E) The ADU shall be allowed in any single family or multi family zone that has no more than one existing single family residence on the parcel. Either the primary unit or the ADU shall be owner occupied . The ADU shall not be sold , but may be rented . (Rental terms less than 30 days are not permitted ) One (1) ADU is allowed per lot. A ma>cimum of 800 square feet gross floor area or SO percent of the primary unit, whichever is less , shall be allm.ved for the ADU . The square footage for a permanently. covered patio or porch shall count towards the maximum ADU size . If SO percent of the primary unit is less than 400 square feet, an allowance of a 400 square foot ADU shall be allowed. Refer to illustration belmv: ..... 2 (F) A newly constructed garage serving the ADU shall be limited to a maximum of 200 square feet and must meet the building separation requirement of si>< feet. The ADU garage square footage shall be applied toward the maximum allowed lot coverage and floor area ratio . If the garage is attached to the ADU then it shall count towards the ma>cimum ADU size of 800 square feet. Refer to illustration in Section 1 S3 .047 (E). (G) A maximum of two bedrooms shall be allowed for an ADU . (H) ADU construction shall be in compliance with the regulations and requirements set forth in this chapter, including, but not limited to side and rear yard setbacks, building height, floor area ratio, lot coverage and parking requirements; The ADU shall be constructed in accordance with provisions of the latest edition of building and other codes applicable to the city. (I) The ADU may be metered separately from the main dwelling unit for gas, electricity, communications, 1Nater, and sewer services. (I) Fire sprinklers are required in the ADU when e>cisting or required to be provided in the primary unit. (J) The ADU shall be a legal unit, and may be used as habitable space, only so long as either the main dv1elling unit, or the ADU , is occupied by the owner of record of the property. If the owner of record ceases to dwell in either one of the units, the ADU shall be rendered uninhabitable by abandoning plumbing and sanitation facilities. (K) A converted ADU shall comply with the following development standards: (1) VVhen an existing garage is converted into an ADU , the replacement spaces for the primary dwelling unit are not required to be covered . Replacement spaces may be : covered, uncovered, mechanical automobile parking lifts, or tandem spaces on the e>cisting driveway. (2)1'Jo additional parking spaces are required for the space converted to an ADU. (3) No setback is required for an e>cisting garage that is converted to a portion of an ADU. Ordinance No. 662 Page2of12 I I I (L) /\ constructed /\DU shall comply with the following development standards. (1) The lot size shall be a minimum of 6,000 square feet. (2) Detached units shall be located behind the rear face of the primary unit. (3) Construction of an /\DU shall be allmved in designated historical districts; however, must not be visible from the public right of way. (4) The unit shall not be more than 15 feet in height or more than the height of the primary residential unit, whichever is less . This measurement is taken from the lowest adjoining grade to the highest point of the structure. (5) Construction of new units over an e>cisting residential unit or a non habitable accessory structure are not permitted. (6) The unit shall be set back a minimum of five feet from any interior side or rear lot line . (7) The unit shall maintain si>c feet separation to any other accessory building or main building on the same building site. The si>c foot distance shall be measured from the closet points of the building walls or structure walls. /\dditionally, a minimum of four feet shall be maintained between eave overhangs, chimneys, bay \•,iindows or any other architectural feature . (8) One parking space (provided as covered, uncovered, mechanical automobile parking lift, or tandem space on the e>cisting driveway) is required per one bedroom or unit, whichever is less , elCcept in any of the follmNing circumstances: (a) The /\DU is located within one half mile of public transit (measured by walking distance route). (b) The /\DU is located within an architecturally and historically significant historic district. (c) When on street parking permits are required to park in the city, but not offered to the occupant of the /\DU. (d) \"/hen there is a car share vehicle located within one block of the /\DU . (9) \'Vhen the elCisting parking spaces for the primary unit are demolished in conjunction 'tttith the development of a constructed /\DU, the replacement spaces are not required to be covered . (10) Constructed /\DUs shall conform to the following design standards: (a) The design, color, material, and te>cture of the roof shall be substantially the same as the main dwelling unit; (b) The color, material, and te>cture of all building walls shall be similar to and compatible 'Nith the main dwelling unit; (c) The architectural style shall be the same or similar to the main dwelling unit, or, if no architectural style can be identified, the design shall be architecturally compatible with the main dvvelling unit, and shall maintain the scale and appearance of a single family dwelling; (d) If attached to the garage, there shall be no direct access from the garage to the /\DU; (e) Shall be screened with a combination of trees, massed shrubbery, and ground plantings sufficient in the opinion of the City Landscape /\rchitect to comply with the San Gabriel Municipal Code and city design guidelines; (f) Shall conform to all single family residential design guidelines adopted by the city; (M) Upon issuance of a building permit for an /\DU, a covenant shall be recorded with the County of Los /\ngeles in a form approved by the city prior to recordation . The following declaration will be binding on all future owners of the parcel : (a) Either the primary d»velling unit or the /\DU shall be owner occupied; (b) The /\DU may not be sold separately from the primary dwelling unit; (c) The unit that is not occupied by the owner may not be rented out for a term of less than thirty (30) days. (N) The ovmer of any permitted senior housing unit may file an application to have such unit Ordinance No. 662 Page 3of12 I I I approved as an ADU pursuant to this section and eliminate the conditional use permit. The application shall be granted if the senior housing unit meets all of the requirements of this section . 153.047 ACCESSORY DWELLING UNITS (ADU) AND JUNIOR ACCESSORY DWELLING UNITS (JUNIOR ADU). ADUs or Junior ADUs shall be permitted by the Community Development Director or designee upon determining that the application meets all of the following requirements . (J) An ADU and Junior ADU shall be permitted in the City's residential zones under the following circumstances : Zone Type Existing Structures # of ADUs Allowed #of Junior On-Site ADUs Allowed I One Junior Single-Family Zone Single-Family Structure One ADU ADU ~ Multi-Family Zone Single-Family Structure One ADU One Junior ADU ------" Two Detached ADUs and allow up to 25% of the existing multifamily units on the lot to Single-Family Zone Multi-family Structure provide an ADU within None the existing dwelling units or one unit , whichever is greater(*, ** Two Detached ADUs and allow up to 25% of the existing multifamily units on the lot to Multi-Family Zone Multi-family Structure provide an ADU within None the existing dwelling units or one unit , whichever is greater(*, J **2 *Multi-family structures that are proposed to be developed with an ADU within the units must still comply with the minimum size of dwelling units set forth in Section 153 .107 of the SGMC. ** Portions of existing multi -family structures used as non -habitable space such as (boiler rooms, storage rooms, attics, basements, garages, laundry rooms, etc.) may be converted into AD Us . (K) The ADU shall not be sold, but may be rented . (ADUs shall be rented for terms longer than 30 days) (L) ADU construction shall be in compliance with the regulations and requirements set forth in this chapter, including, but not limited to side and rear yard setbacks, building height, and parking requirements; The City would not be able impose standards related to lot coverage, floor area ratio, open space , or minimum lot size that would otherwise prohibit the creation of an ADU of at least 800 square feet. The ADU shall be constructed in accordance with provisions of the latest edition of building and other codes appl icable to the city. (M) A maximum of 850 square feet shall be allowed for a studio or one -bedroom detached ADU and a maximum of 1,000 square feet shall be allowed for a two -bedroom detached ADU . The square footage that is over 800 square feet shall be included in the maximum lot coverage and floor area ratio totals for the lot. (N) When an ADU is attached to the existing primary dwelling unit, the maximum allowed size of that accessory dwelling unit shall be no more than 50 percent of the main dwelling size , or according to Section 153 .047(D ), whichever is less . Ordinance No. 662 Page 4of12 I I I (0) Second residential units that have been previously approved by the City and constructed with building permits may be converted up to the previously City-approved square footage allowance of 850 or 1,000 square feet, based on the number of bedrooms. (P) A maximum of two bedrooms shall be allowed for an ADU . (Q) No additional setback would be required when an existing living area or accessory struc- ture is demolished in order to construct an ADU in its ' place. The new ADU can be placed in the same location as the demolished structure as long as is contains the same dimensions as the structure that was demolished . (R) The ADU may be metered separately from the main dwelling unit for gas, electricity, communications, water, and sewer services. (S) Fire sprinklers are required in the ADU when existing or required to be provided in the primary unit. (T) For fire safety purposes, new ADUs and Junior ADUs may only be located on a residential lot that has at least a 10-foot wide fire lane within 150 feet of the subject property and a minimum fire flow of 1,000 gallons per minute. This restriction shall not apply to ADUs and JADUs that are exempt from going through a separate planning review, pursuant to Section 153.047 (M). (U) A converted ADU shall comply with the following development standards: (1) When an existing garage, carport, or covered parking structure is converted into an ADU, replacement parking spaces for the main dwelling unit shall not be required . (2) No additional parking spaces are required for the space converted to an ADU . (3) No setback is required for an existing legally permitted garage or accessory structure that is converted into a portion of an ADU . (4) A converted ADU shall comply with the following design standards: (a) When a garage is converted into an ADU, the garage door must be removed and replaced with either windows, a door, or other design features that are consistent with the overall architectural design of the ADU and the primary dwelling unit. (b) The exterior design of the ADU shall match that of the main dwelling unit in term of building forms, materials used, color, exterior finishes, roof forms, and style of windows/doors. The ADU must retain the appearance of a single -family dwelling and shall be integrated into the design of the existing primary dwelling unit on the property or as determined by the Community Development Director or his/her designee. (c) The design of an ADU shall be compatible with the architectural design of the primary dwelling unit in order to ensure long term compatibility regardless of whether the use of the ADU is continued or terminated. The separate entrance shall be located on the side or rear of the structure and whenever possible, located facing toward the interior yard areas . The additional entrance is prohibited from being located on the front of the primary dwelling unit. The second entrance shall be well lit and free of concealment from landscaping to assure safe entrance and exit for the occupants . (d) All ADU fac;ade elevations that are visible from the public right of way must provide either entries, windows, or other architectural features that are compatible with the existing primary dwelling unit. (e) The main entrance of the ADU must face the same direction as the entrance for the primary dwelling unit or face the side property lines, whichever is more compatible to the neighborhood character as determined by the City Planner. An ADU entrance that is proposed to face an alley or rear property line is subject to Ordinance No. 662 Page 5of12 I I I review and approval by the City Planner. (f) Shall conform to all single -family residential design guidelines adopted by the city; (g) The design and construction of each ADU shall conform to all applicable provisions of the Building Code . The ADU shall comply with all provisions of the Code pertaining to the adequacy of water, sewer, electrical , drainage, and fire and emergency services to the property on which the ADU will be located as well as all applicable codes pertaining to building, fire, health, and/or safety. (V) A constructed ADU , whether attached or detached (unless otherwise mentioned), shall comply with the following development standards. (1) Detached units shall be located behind the rear face of the primary unit. (2) Construction of an ADU shall be allowed in designated historical districts; however, must not be visible from the public -right -of-way. (3) The unit shall not be more than 16 feet in height. This measurement is taken from the lowest adjoining grade to the highest point of the structure. (4) Construction of new units over an existing residential unit or a non-habitable accessory structure are not permitted . (5) The unit shall be set back a minimum of four feet from any side or rear lot line . (a) When a garage or other accessory structure exists and is legally permitted with building permits, the existing legal non -conforming setback can be maintained . However, the required minimum side and rear yard setback of four feet shall still apply to any added square footage to the structure. (6) The unit shall maintain six feet separation to any other accessory building or main building on the same building site . The six -foot distance shall be measured from the closet points of the building walls or structure walls. Additionally, a minimum of four feet shall be maintained between eave overhangs , chimneys, bay windows or any other architectural feature . (7) The ADU may not be located in a way that would prohibit access to a designated parking area or impede safe ingress and egress from a required front, side , or rear setback . (8) One parking space (provided as covered , uncovered, mechanical automobile parking lift, or tandem space on the existing driveway) is required per one bedroom or unit, whichever is less, except in any of the following circumstances : (a) The ADU is located within one -half mile walking distance of public transit (measured by walking distance route). (b) The ADU is located within an architecturally and historically significant historic district. (c) When on-street parking permits are required to park in the city, but not offered to the occupant of the ADU . (d) When there is a car share vehicle located within one block of the ADU. (9) When the existing parking spaces for the primary unit are demolished in conjunction with the development of a constructed ADU , the replacement parking spaces for the main dwelling unit shall not be required . (10) Constructed AD Us shall conform to the following design standards: (a) The exterior design of the ADU shall match that of the main dwelling unit in term of building forms , materials used , color, exterior finishes , roof forms , and style of windows/doors . The ADU must retain the appearance of a single -family dwelling and shall be integrated into the design of the existing primary dwelling unit on the property or as determined by the Community Development Director or his/her designee . Ordinance No. 662 Page 6of12 I I I (b) The design of an attached ADU shall be compatible with the architectural design of the primary dwelling unit in order to ensure long term compatibility regardless of whether the use of the ADU is continued or terminated . The separate entrance shall be located on the side or rear of the structure and whenever possible , located facing toward the interior yard areas . The additional entrance is prohibited from being located on the front of the primary dwelling unit. The second entrance shall be well lit and free of concealment from landscaping to assure safe entrance and exit for the occupants . (c) All ADU fac;:ade elevations that are visible from the public right of way must provide either entries, windows, or other architectural features that are compatible with the existing primary dwelling unit. (d) The main entrance of a detached ADU must face the same direction as the entrance for the primary dwelling unit or face the side property lines, whichever is more compatible to the neighborhood character as determined by the City Planner. An ADU entrance that is proposed to face an alley or rear property line is subject to review and approval by the City Planner. (e) If attached to the garage, there shall be no direct access from the garage to the ADU ; (f) Shall be screened with a combination of trees, massed shrubbery, and ground plantings sufficient in the opinion of the City Landscape Architect to comply with the San Gabriel Municipal Code and city design guidelines; (g) Shall conform to all single -family residential design guidelines adopted by the city and must be reviewed ministerially without a hearing and within the 60-day allowed time window; (h) The design and construction of each ADU shall conform to all applicable provisions of the Building Code . The ADU shall comply with all provisions of the Code pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the ADU will be located as well as all applicable codes pertaining to building, fire , health, and/or safety. (N) Upon issuance of a building permit for an ADU , a covenant shall be recorded with the County of Los Angeles in a form approved by the City prior to recordation. The following declaration will be binding on all future owners of the parcel : (1) The ADU may not be sold separately from the primary dwelling unit unless certain conditions are met according to California Government Code Section 65852 .26 . (2) The unit may not be rented out for a term of less than thirty (30) days (0) All of the provisions of this sections shall apply to a Junior ADU unless otherwise stated in the following : (1) A Junior ADU is limited to a maximum of 500 square feet. (2) One Junior ADU is allow per residential zoned property that has a single-family dwelling unit. (3) A Junior ADU must be built within the primary residence. (4) The Junior ADU must be constructed within the existing walls of the structure and must include an existing bedroom . (5) The Junior ADU must provide a separate entrance from the entrance that is provided for the main dwelling unit. (6) The Junior ADU may include an expansion of not more than 150 square feet beyond the same dimensions of the existing accessory structure. This expansion shall be limited to accommodating ingress and egress . (7) The Junior ADU shall require the recordation of a deed restriction , which shall run with the land , shall be filed with the City, and shall include both of the following : (a) Require owner-occupancy in the single -family residence in which the junior accessory dwelling unit will be permitted . The owner may reside in either the Ordinance No . 662 Page 7of12 I I I remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization (b) A prohibition on the sale of the Junior ADU separate from the sale of the single- family residence, including a statement that the deed restriction may be enforced against future purchasers . (c) A restriction on the size and attributes of the Junior ADU that conforms with this section . (8) The Junior ADU must provide an efficiency kitchen, which shall include the following : (a) A cooking facility with appliances. (b) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (9) Additional parking may not be required as a conditions to allow a Junior ADU . (10) An inspection, including the imposition of a fee for that inspection to determine whether the Junior ADU is in compliance with applicable building standards may be required at any time after the Junior ADU has been built. (11) For the purposes of any fire or life protection ordinance or regulation, a Junior ADU shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requ irements within a single -family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single -family residences within the zone regardless of whether the single -family residence includes a Junior ADU or not. (12) For the purposes of providing service for water, sewer, or power, including a connection fee , a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (13) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation , related to parking or a service or a connection fee for water, sewer, or power, that applies to a single -family residence that contains a Junior ADU, so long as that ordinance or regulation applies uniformly to all single -family residences regardless of whether the single -family residence includes a Junior ADU . (P) The City shall ministerially approve an application to move forward with the building plan check process if the following criteria is met (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single -family dwelling if all of the following apply: (a) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single -family dwelling or existing space of a single -family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure . An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress . (b) The space has exterior access from the proposed or existing single -family dwelling . (c) The side and rear setbacks are sufficient for fire and safety. (d) The junior accessory dwelling unit complies with the requirements of Government Code Section 65852 .22. (2) One detached, new construction , accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling . The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (a) The detached ADU is limited to 800 square feet and a maximum height of 16 feet. Ordinance No. 662 Page 8of12 I I I (3) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways , attics, basements, or garages, if each unit complies with state building standards for dwellings. (a) The City shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (4) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four -foot rear yard and side setbacks. (Q) The owner of any permitted senior housing unit may file an application to have such unit approved as an ADU pursuant to this section and eliminate the conditional use permit. The application shall be granted if the senior housing unit meets all of the requirements of this section. (R) The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or a Junior ADU , the correction of nonconforming zoning conditions. (S) Impacts fees shall not be charged for an ADU that is less than 750 square feet. Any impact fees charged for an ADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit or the number of its drainage fixtures . (T) The Public Works Department shall determine address assignments for new ADUs/Junior ADUs and shall verify any public easements and land dedications required by the San Gabriel Municipal Code . (U) All existing Conditional Use Permits and ex1st1ng permits for ADUs (formerly Second Residential Units or Senior Housing Units) shall remain subject to conditions imposed thereon at the time such permits were granted, except that any condition that limits the occupants of a permitted unit to certain named persons, or certain classes of persons, or which requires the permittees to identify the residents of the unit to the City by name, or to obtain a new permit for the purpose of authorizing a new resident, shall not longer be applicable. (V) The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single -family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single -family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing . If the applicant requests a delay, the 60 -day time period shall be tolled for the period of the delay. (W) A permit application for an ADU or a Junior ADU shall be considered and approved ministerially without discretionary review or a hearing . The City shall act on the application to create an ADU or a Junior ADU within 60 days from the date that the City receives a completed application if there is an existing single -family or multi -family dwelling on the lot. If the permit application to create an ADU or a Junior ADU 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 the Junior ADU until the City acts on the permit application to create the single-family dwelling, but the application to create the ADU or the Junior ADU shall be considered without discretionary review or hearing . If the applicant requests a delay, the 60 -day time period shall be tolled for the Ordinance No. 662 Page 9of12 I I I period of the delay . If the local agency has not acted upon the completed application within 60 days , the application shall be deemed approved . (X) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard , subject to compliance with Section 17980 .12 of the Health and Safety Code : (1) The ADU was built before January 1, 2020 ; (2) The ADU was built on or after January 1, 2020 , in a local jurisdiction that, at the time the ADU was built, had a noncompliant ADU ordinance, but the ordinance is compliant at the time the request is made; (Y) Any person proposing to develop and ADU and/or Junior ADU must submit the following materials to the Planning Division : (1) A complete application form; and (2) Site plan, floor plan, elevations, pictures, and such materials as may be deemed necessary by the City Planner to make a determination on the application; and (3) A copy of the Property Deed establishing the identity of the owner of record for the property; and (4) The applicable site plan review fee in accordance with the City of San Gabriel Adopted Citywide Fee Schedule in effect at the time that the application is submitted . An application shall not be deemed complete until all necessary information has been provided . SECTION 4 . This Ordinance is consistent with the City 's General Plan . SECTION 5. All new ADU and Junior ADU applications submitted on or after the effective date of this Ordinance shall comply with and be issued under the provisions of this Ordinance . In the event there is a conflict between Title XV , Chapter 153 (Zoning) of the San Gabriel Municipal Code and the Development Standards prescribed by this Ordinance, the provisions of the Development Standards in this Ordinance shall control. SECTION 7. If any section , subsection, subdivision , sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any 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 adopted this Ordinance and each section , subsection , subdivision, sentence , clause , phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses , phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8. This Ordinance is exempt from the California Environmental Quality Act in accordance with State CEQA Guidelines, Article 18: Statutory Exemptions, Section 15282(h). This section of CEQA provides a statutory exemption for "the adoption of an ordinance regarding second units [accessory dwelling units] in a single -family or multifamily residential zone by a city or county to i mplement the provisions of Sections 65852 .1 and 65852 .2 of Government Code as set forth in Section 21080.17 of the Public Resources Code ." The Planning Division shall file a Notice of Exemption from CEQA review in accordance with CEQA Guidelines . SECTION 9. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15 ) days of adoption and shall post a certified copy of this Ordinance, including the vote for and against same , in the Office of the City Clerk, in accordance with Government Code Section 36933 . Ordinance No. 662 Page 10of12 I I I SECTION 10: This Ordinance shall become effective at 12:01 a.m . on the thirty-first (3 p t) date after the date of adoption . PASSED , APPROVED , AND ADOPTED this 21 51 day of January 2020 by the City Council of the City of San Gabriel , California . ATIEST : SHARON F. CLARK , Chief City Clerk Ordinance No. 662 City of San Gabriel , California BY:~ -?1.1' JANPU/Mayor Page 11 of 12 I I I CERTIFICATION I, Sharon F. Clark, Chief City Clerk of the City of San Gabriel, California, do hereby certify that Ordinance No. 662 was duly approved and adopted by the City Council of the City of San Gabriel at a regular meeting held on the 21st day of January, 2020, by the following vote: AYES: NOES : ABSTAIN: ABSENT : COSTANZO, HARRINGTON , LIAO , MENCHACA PU NONE NONE NONE Dated : February 10, 2020 ~~~ SHARON F. CLARK, Chief City Clerk O rd i nance No. 662 Page 12 of 12