D. Montgomery Lewis, Mayor (District2) Elizabeth Bruny, Mayor Pro-Tem (District 5) Richard G. Barakat, Council Member (District 3) Richard T. Hale, Jr., Council Member (District 1) Bruce Lathrop, Council Member (District 4)  CITYOH BRADBURY City of Bradbury City Council Agenda Report  TO: FROM:  Honorable Mayor and Council Members Kevin Kearney, City Manager By: Jim Kasama, City Planner  Lisa Kranitz, Assistant City Attorney  DATE:  February 16, 2021  SUBJECT: INTRODUCTION OF ORDINANCE NO. 373  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, AMENDING THE ZONING PROVISIONS OF THE BRADBURY MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUS) IN ACCORDANCE WITH STATE LAW AND PROVISIONS RELATED TO  ACCESSORY LIVING QUARTERS (ALQs)  AGENDA ITEM NO. 4 SUMMARY  During 2019, the State adopted legislation mandating that cities allow Accessory Dwelling Units (ADUS) and Junior Accessory Dwelling Units (JADUS) with minimized setbacks and significant cost-saving provisions, such as not being required to be equipped with fire sprinklers. The State-mandated provisions were to take effect January 1, 2020; however, the City Council adopted Urgency Ordinance No. 368 on December 17, 2019 putting local regulations in place. A draft replacement ordinance was considered by the City Council on June 16, 2020. However, the City Council scheduled a study session to discuss safety concems, and the draft replacement ordinance has been significantly revised. The revised draft replacement ordinance was re-evaluated by the Planning Commission on January 27, 2021, and the Planning Commission adopted Resolution No. PC 21-294 (Attachment B) to recommend approval of the revised draft replacement ordinance - Ordinance No. 373 (Attachment A). It is recommended that the City Council conduct a public hearing for Ordinance No. 373, introduce the Ordinance, and schedule the second reading and  adoption for the next regular meeting on March 16, 2021.  AGENDA ITEM NO. 4    BACKGROUND  Inr response to the State legislation that mandates the allowing of Accessory Dwelling Units (ADUS) and Junior Accessory Dwelling Units (JADUS) with minimized setback requirements and reduced fire-safety measures, the City Council adopted Urgency Ordinance No. 368 at the December 17, 2019 regular meeting, which immediately put in place local regulations that prohibit ADUS in the Very High Fire Hazard Severity Zone and Hillside areas of the City. State guidance has made it apparent that certain provisions of Ordinance No. 368 will need to be amended. A replacement ordinance was drafted and reviewed by the Planning Commission at the regular meeting on May 27, 2020, and the Planning Commission adopted Resolution No. PC 20-289 to recommend approval of the The replacement ordinance was considered by the City Council at the regular meeting on June 16, 2020. Rather than introduce the ordinance, however, the City Council scheduled as study session to discuss safety concerns. The City Council met in study session on July 13, 2020, August 10, 2020, October 7, 2020, and December 9, 2020, and discussed the draft replacement ordinance and safety issues related to wildfires and evacuations. The City Council reviewed the Los Angeles County Fire Department's Fire Hazard Severity Zone Map for the City of Bradbury (Attachment E) and several reports regarding wildfires, land-use planning, and emergency response. The City Council then directed staff to have a fire expert prepare a report on fire safety issues related to ADUS to see if there should be The City contracted with the Dudek consulting firm to address the City Council's concerns. Two issues that were raised were how minimal setbacks (i.e., four-foot side and rear yards) for ADUS could facilitate the spreading of a wildfire and how very narrow streets (i.e., less than 20 feet of roadway) in certain areas of the City would impinge on evacuations and access by the Fire Department. Dudek's report (Attachment D) was presented to the City Council on December 9, 2020, along with the draft revised replacement ordinance. The City Council concluded the study session and directed staff to proceed with the processing of the revised replacement ordinance = Ordinance No. 373.  proposed replacement ordinance.  adjustments of the State-mandated ADU provisions.  DISCUSSION  Ina addition to Dudek's report, staff reviewed the several reports considered by the City Council, including the State Office of Planning and Research's ("OPR") draft Fire Hazard Planning Technical Advisory, ICMA's "21st Century - Fire and Emergency Services" document, and the State Department of Housing and Community Developments Accessory Dwelling Unit Handbook ntps/ww.ncdcagow. policy-research/docs/adu-ta- handbook-fnal.pd). Based on the various documents, City staff feels that there is justification to limit the creation of ADUS in the Very High Fire Hazard Severity Zone (VHFHSZ) areas of the City see Attachment E, and to prohibit all secondary living quarters on certain streets with very narrow widths = see Attachment C. These provisions are included in Ordinance No. 373. However, in order to try and meet the intent of State legislation, Ordinance No. 373 provides that ADUS be ministerially allowed in the VHFHSZ subject to such units having fire sprinklers and setbacks of at least 15 feet, which is the required side and rear yard setbacks in the R-20,000 zone. These types of ADUS are  City of Bradbury City Council - Agenda Report Introduction of Ordinance No. 373  February 16, 2021 Page 2 of5    referred to in Ordinance No. 373 as Fire Zone ADUS (FZADU). The size of both ADUS and Ordinance No. 373 also establishes a second category of ADUS, entitled Enhanced ADUS (EADUS). EADUS will be allowed in the R-7,500 and R-20,000 zones and may go up to 1,200 square feet. To have an EADU, the applicant would have to comply with all development standards of the underlying zone, including Significant Architectural Review approval by the Planning Commission. EADUS are not allowed in the Agricultural zones as those zones may have a Guest House, Bunk House, or SRO Development of larger sizes. Ordinance No. 373 combines Accessory Dwelling Units (ADUs), Enhanced Accessory Dwelling Units (EADUS), Fire Zone Accessory Dwelling Units (FZADUS), Junior Accessory Dwelling Units (JADUS), and Accessory Living Quarters (ALQs) into one chapter, titled  FZADUS are limited to a maximum of 1,000 square feet.  Secondary Living Quarters. Relevant definitions are as follows:  Accessory dwelling unit ("ADU") means a dwelling unit of up to 1,000 square feet that is attached, detached, or located within an existing or proposed residential dwelling which provides complete independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel of land as the primary unit. Accessory living quarters ("ALQ") means living quarters in addition to the primary unit on the same parcel of land as the primary unit, and includes the  following:  (1) Bunk houses; (2) Guest houses; (4) SRO developments.  (3) single-rcom-occupanoy units (SROs); and  Enhanced accessory dwelling unit ("EADU") means an ADU over 1,000 Fire Zone accessory dwelling unit ("FZADU") means an ADU in the Very High Fire Hazard Severity Zone which complies with City zoning setback requirements and is equipped with fire sprinklers, the requirement of which would otherwise be Junior accessory dwelling unit ("JADU") means an accessory dwelling unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-family residence. The single-family residence does Secondary living quarters ("SLQ") means accessory living quarters and accessory dwelling units, including junior accessory dwelling units, fire zone accessory dwelling units, and enhanced accessory dwelling units.  square feet and up to 1,200 square feet.  prohibited by State legislation.  not include an attached accessory structure.  City of Bradbury City Council - Agenda Report Introduction of Ordinance No. 373  February 16, 2021 Page 3of5    Secondary Living Quarters are allowed as follows:  R-7,500 zone: one ADU of up to 1,000 sq. ft. or an EADU of up to 1,200 sq. ft; and one JADU of 150 to 500 sq. ft., but if with a JADU, the ADU must be detached and is limited R-20,000 zone: one SRO unit of 150 to 250 sq. ft. attached to the main dwelling; one ADU of up to 1,000 sq. ft. or an EADU of up to 1,200 sq. ft; and one JADU of 150 to 500 sq. ft., but if with a JADU, the ADU must be detached and is limited to a maximum of A-1 zone: one SRO unit of 150 to 250 sq. ft. attached to the main dwelling; one ADU of up to 1,000 sq. ft.; one JADU of 150 to 500 sq. ft., but if with a JADU, the ADU must be detached and is limited to a maximum of 800 sq. ft.; and up to 1,500 sq. ft. for one SRO A-2 zone: one SRO unit of 150 to 250 sq. ft. attached to the main dwelling; one. ADU of up to 1,000 sq. ft.; one JADU of 150 to 500 sq. ft., but if with a JADU, the ADU must be detached and is limited to a maximum of 800 sq. ft.; and up to 2,000 sq. ft. for one SRO A-5 zone: one SRO unit of 150 to 250 sq. ft. attached to the main dwelling; one ADU of up to 1,000 sq. ft.; one JADU of 150 to 500 sq. ft., but if with a JADU, the. ADU must be detached and is limited to a maximum of 800 sq. ft.; and up 2,500 sq. ft. for one SRO In locations with very narrow street widths = see Attachment C, which do not provide the needed access for fire engines, and could potentially hinder evacuations, no type of Secondary Living Quarter, except a JADU, will be allowed. These locations are the 44  to a maximum of 800 sq. ft.  800 sq. ft.  development of up to 3 units or a guest house or a bunk house.  development of up to 5 units or a guest house or a bunk house.  development of up to 10 units or a guest house or a bunk house.  properties that require access from the following streets: (2) Oak Knoll Lane = east of Bliss Canyon Road;  (1) Furlong Lane - between Deodar Lane and Long Canyon Road; (3) Woodlyn Lane = between Bradbury Hills Road and El Cielo Lane; and  (4) Bradbury Hills Road.  FINDINGS  Balancing the need for additional housing with the need to provide safety and emergency response measures, the State-mandated provisions for ADUS need to be adjusted for properties in the Very High Fire Hazard Severity Zone see Attachment E, Secondary Living Quarters should be prohibited at properties that can only be accessed from very narrow streets - see Attachment C. The findings in support of these decisions are stated in  Section 1 of Ordinance No. 373. ENVIRONMENTAL DOCUMENT  It is recommended that Ordinance No. 373 is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15282(h) which provides a  City of Bradbury City Council - Agenda Report Introduction of Ordinance No. 373  February 16, 2021 Page 4 of5    statutory exemption for the adoption of an ordinance regarding accessory dwelling units per the provisions of Sections 65852.1 and 65852.2 of the Government Code. As the standards of Government Code Section 65852.22 relating to junior accessory dwelling units are incorporated in Government Code Section 65852.2, this exemption covers junior accessory dwelling units as well. Regardless of whether the City adopts the ordinance, accessory dwelling units and junior accessory dwelling units must be allowed in the City in accordance with the standards set forth in State Statute. Therefore, the ordinance is categorically exempt under the commonsense exemption of CEQA Guidelines Section 15061(b)(3) which provides that CEQA does not apply where it can be seen with certainty that the project will not cause any impacts. Additionally, the Sections that were added in Article IV of Chapter 85 of the ordinance are the same provisions that were previously in  the Code but were repealed by the Urgency Ordinance.  CITY COUNCIL ALTERNATIVES  The City Council is to hold a public hearing and solicit testimony on Ordinance No. 373. Following the testimony, the City Council will have the following choice of actions: Option 1. Conduct and conclude the public hearing and determine that Ordinance No. 373 is to be approved as drafted with an exemption under CEQA, and approve a motion to introduce the ordinance and schedule the second reading and adoption for the next regular Option 2. After conducting the public hearing, if the City Council determines that Ordinance No. 373 should not be introduced as drafted, the Council should state the specific changes that need to be made, and approve a motion to close the public hearing and refer the ordinance back to staff to incorporate the changes. In accordance with the Bradbury Municipal Code, if the changes to the ordinance are significant, the ordinance will be referred back to the Planning Commission for their review and recommendation.  meeting on March 16, 2021.  RECOMMENDATION  Option 1 is recommended; that the City Council approve a motion to close the public hearing, determine that the ordinance is exempt under CEQA, and introduce Ordinance No. 373, and schedule the second reading and adoption for the next regular meeting on  March 16, 2021. ATTACHMENTS A-C Ordinance No. 373 B-F Resolution No. PC21-294 C-N Maps ofV Very Narrow Streets D-[ Dudek Memorandum E-F Fire Hazard Severity Zone Map  City of Bradbury - City Council - Agenda Report Introduction of Ordinance No. 373  February 16, 2021 Page 5 of5    This page intentionally blank a    ATTACHMENT A  ORDINANCE NO. 373  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA AMENDING THE DEVELOPMENT PROVISIONS OF THE BRADBURY MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN ACCORDANCE WITH STATE LAW AND PROVISIONS RELATED TO ACCESSORY  LIVING QUARTERS    ORDINANCE NO.373  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA AMENDING THE DEVELOPMENT PROVISIONS OF THE BRADBURY MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN ACCORDANCE WITH STATE LAW AND PROVISIONS RELATED TO ACCESSORY LIVING QUARTERS WHEREAS, the State Legislature believes there is a shortage of affordable housing in California which has led to homelessness and causes people to drive longer distances to work ort to double-up on housing space which impacts the quality  of life and creates negative environmental impacts; and  WHEREAS, the California State Legislature adopted more than eighteen housing bills in 2019 to deal with the housing problem and there were additional  housing bills in 2020; and  WHEREAS, the State Legislature believes that the construction of Accessory Dwelling Units and. Junior Accessory Dwelling Units (ADUS and JADUS, also known as second units, in-law units, garage conversions, and granny flats) will combat the  housing shortage; and  WHEREAS, in order to encourage the construction of ADUS and JADUS, the State Legislature has amended Government Code Section 65852.2 and Section  65852.22; and  WHEREAS, the new State laws relating to ADUS and JADUS took effect on January 1, 2020 and the City was required to be in compliance with the new provisions by that time or the State provisions relating to these units would prevail  and the City would lose local control; and  WHEREAS, in order to be in timely compliance with the January 1, 2020 effective date, the City Council adopted Urgency Ordinance No. 368 on December 17, 2019 without the opportunity to go through the normal public hearing procedure  before the Planning Commission and City Council; and  WHEREAS, Urgency Ordinance No. 368 prohibited ADUS in the very high fire hazard severity zone areas as shown in the City's General Plan and those subject to Hillside Development Standards pursuant to Chapter 97 of the Bradbury  Municipal Code; and  WHEREAS, based on the Department of Housing and Community Development ("HCD") guidance provided to other cities and HCD's Guidelines, it appears that certain provisions in Bradbury's Urgency Ordinance relating to ADUS  and JADUS should be amended; and    WHEREAS, on May 27, 2020, the Planning Commission of the City of Bradbury, California held a duly noticed public hearing on a previous draft of this Ordinance, and after the close of the public hearing the Planning Commission adopted Resolution No. PC 20-289 to recommend that the City Council adopt this  Ordinance; and  WHEREAS, on July 13, 2020, August 10, 2020 and September 10, 2020 the WHEREAS, as a result of the City Council study sessions the City retained the Dudek Fire Protection Planning Team to perform research and prepare a  City Council held study sessions regarding accessory dwelling units; and  Memorandum on issues relating to ADUS and JADUS; and  WHEREAS, while Dudek was preparing its Memorandum, the Governor's Office of Planning and Research ("OPR") released a draft Fire Hazard Planning  Technical Advisory; and  WHEREAS, a draft Ordinance along with the Dudek Memorandum and OPR Technical Advisory were presented tot the City Council for discussion at an additional  study session on December 9, 2020; and  WHEREAS, on January 27, 2021, the Planning Commission held a further public hearing on the revised Ordinance resulting from the City Council study sessions and adopted Resolution No. PC 21-294 to recommend that the City  Council adopt this Ordinance; and  WHEREAS, on February 16, 2021 the City Council of the City of Bradbury, California held a duly noticed public hearing to consider adoption of this Ordinance, at which time it considered all evidence presented, both written and oral;  NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRADBURY,  CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:  SECTION1. Findings. The City Council hereby makes the following findings regarding the prohibition of accessory dwelling units in certain locations within the City of Bradbury: A. The majority of the City of Bradbury is located in a very high fire hazard B. Since 1953 there have been four separate wildfires that have burned through C. The 2019 mid-term Housing Element recognized that opportunities for second unit in-fill development could be impacted by natural hazards such as wildfires that  severity zone (VHFHSZ);  Bradbury and the neighboring communities;  constrain density;  D. According to the Los Angeles County Fire Code which has been adopted by reference by the City of Bradbury, and as pointed out in the Dudek Memorandum, the  -2-  Ord.373    minimum road width needed for fire access is 20-feet unobstructed paved width based on the standard width of fire engines and their ability to pass one another;  E. The Dudek Memorandum also concludes among other things that the four- foot setback requirements and the inability to require fire sprinklers would likely have negative fire related impacts in Bradbury and recommends that fire sprinklers should be  required whenever possible;  F. There are numerous roads within the City that are less than 20 feet in width G. Residents living on narrow roads within the City of Bradbury have been informed by the Los Angeles County Fire Department that ift there is at fire, the Department  which impedes access of fire apparatus;  may not be able to provide service;  H. Government Code S 51182 provides that when property is within a very high fire hazard severity zone, there should be 100 feet of defensible space maintained for each side and from the front and rear of the structure, but not beyond the property line; rear and side yard setbacks of 15 feet in the R-20,000 zone and 25 feet in the three Agricultural ("A") zones, meaning that accessory living quarters and other structures  The majority of the City of Bradbury is zoned R-20,000, A-1, A-2, or A-5 with  cannot be located closer than 30 feet to each other in these areas;  J. According to the Southern California Association of Governments (SCAG) community profile, only 4.5% of the housing stock in Bradbury was built after 2010, when  residential sprinkler systems became a requirement;  K. Since the time that the Governor signed the new ADU/JADU legislation into law in 2019, there have been dozens of wildfires in California which have burned tens of thousands of acres, damaged or destroyed hundreds of homes and other structures, caused the death of many people, and resulted in injuries to many more;  L. On August 18, 2020, the International City/County Management Association released a document titled' "21st Century - Fire and Emergency Services'which contained the recommendation to "Embrace the use of fire sprinkler technology in all buildings through the rapid adoption of codes and ordinances at the federal, state, and local government levels to dramatically reduce the incidence of deadly and costly fires";  M. On August 18, 2020, ABC News reported that there were at least 28 wildfires N. By August 19, 2020, the Governor declared a State of Emergency as more than 350 wildfires burned throughout California, many due to lightning strikes, and a  burning in California alone;  request was made for 375 fire engines from out-of-state;  O. State of Emergencies have become a yearly occurrence due to wildfires;  -3-  Ord. 373    P. Because the accessory dwelling unit law does not allow the City to require sprinklers in units where the main house was not required to install sprinklers, the City cannot require sprinklers to be installed in most of the accessory dwelling units that could  be built in the City;  Q. The location of the City in a very high fire hazard severity zone, the inability to require sufficient separation between buildings, the inability to require sprinklers in a majority of accessory dwelling units that could be built, and the narrow streets which impede fire access justify the prohibition of accessory dwelling units to be built as of right  in those areas of the City in the very high fire hazard severity zone;  R. The City Council recognizes the need for additional housing opportunities in the City, even in the very high fire hazard severity zone, and for that reason is providing for the opportunity for certain secondary living quarters of up to 1,000 square feet as defined herein to be built in this area with reduced procedural requirements, while still imposing setbacks for adequate building separation and requiring fire sprinklers;  S. The City Council also recognizes that Bradbury has traditionally allowed the development of a variety of accessory living quarters and wishes to continue to allow such development, subject to discretionary review by the City's Planning Department, and the  City's Planning Commission;  T. Government Code $ 65852.2(a)(1)(A) provides local agencies with the authority to designate areas within the jurisdiction where ADUS may be prohibited based on public safety. The provisions set forth in this Ordinance are necessary for the public SECTION2. Section 9.25.020 of the Bradbury Development Code relating to Definitions is hereby amended by adding and modifying the following definitions to read as follows: Accessory dwelling unit ("ADU") means a dwelling unit of up to 1,000 square feet that is attached, detached, or located within an existing or proposed residential dwelling which provides complete independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking and sanitation on the Accessory living quarters means living quarters in addition to the primary unit on  safety.  same parcel of land as the primary unit.  the same parcel of land as the primary unit, and includes the following:  (1) Bunk houses; (2) Guest houses;  (3) ingeroom-occupany units (SROsS); and  (4) SRO developments.  -4-  Ord.373    Bunk house means living accommodations detached from the primary unit and designed to house two or more individuals who are personnel involved with the care and maintenance of the primary unit, or the associated on-site agricultural, equestrian, farming, or other residential activities. Bunk houses shall include permanent provisions for living, sleeping, and sanitation facilities, and may include facilities for cooking, bathing, and eating. A bunk house is sometimes commonly referred to as grooms Enhanced accessory dwelling unit ("EADU") means an ADU over 1,000 square feet Fire Zone ADU ("F FZADU") means an ADU in the Very High Fire Hazard Severity Zone which complies with City zoning setback requirements and is equipped with fire sprinklers, the requirement of which would otherwise be prohibited by State legislation. Guest house means living accommodations detached from the primary unit that may include some or all facilities for complete independent living such as permanent provisions for living, sleeping, eating, cooking, bathing and sanitation for guests and visitors of the occupants of the primary dwelling unit. A guest house is sometimes Junior accessory dwelling unit ("JADU") means an accessory dwelling unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-family residence. The single-family residence does not include an Primary unit shall mean the existing or proposed largest single-family dwelling on Secondary living quarters means accessory living quarters and accessory dwelling units, including junior accessory dwelling units, fire zone accessory dwelling units, and  quarters.  and up to 1,200 square feet.  commonly referred to as a pool house.  attached accessory structure. the lot if there are multiple dwellings.  enhanced accessory dwelling units.  ngleromrocoupaney ("SRO") development means a detached accessory structure used primarily for multi-tenant, singe-rom-occupaney units, containing two or more inge-rom-occupaney units with a shared kitchen, dining room, and laundry ingle-rpomrocoupaney units ("SROs") means a room of between 150 and 250 square feet of floor area with permanent provisions for living and sleeping that is attached to the primary unit or is part of a single-rom-occupaney development. An SRO shall not include cooking and eating facilities, but may include sanitation facilities SECTION3. Chapter 85 of the Bradbury Municipal Code is hereby repealed and a new Chapter 85 is added to Title IX of the Bradbury Municipal Code to read as follows:  facilities.  in an adjacent room of up to 50 square feet.  CHAPTER 85 SECONDARY LIVING QUARTERS  -5-  Ord.373    ARTICLEI- GENERAL 9.85.010 Purpose.  (1) The purpose of this Chapter is to implement the requirements for the (2) In cases of conflict between this Chapter and any other provision of this Title, the! provisions oft this Chapter shall prevail. Tothe extent that any provision oft this Chapter is in conflict with State law, the mandatory requirement of State law shall control, but only 9.85.020 Permitted ocations/numbers. Secondary living quarters shall be allowed as  establishment of secondary living quarters.  to the extent legally required.  follows: 9.85.150.  (1) R-7,500 zone: one ADU; and one JADU subject to the limitations of Section (2) R-20,000 zone: one SRO unit attached to the main dwelling; one ADU or (3) A-1, A-2, A-5 zones: one SRO unit attached to the main dwelling; one ADU; one JADU subject to the limitations of Section 9.85.150; and one single-room occupancy  EADU; and one JADU subject to the limitations of Section 9.85.150.  development, guest house or bunk house.  (4) Notwithstanding the above or any other provision in this Chapter to the (a) No ADUS shall be allowed on any lot int the Very High Fire Hazard Severity  contrary:  Zone as shown on the Los Angeles County Fire Department Fire Hazard Severity Zone map. A FZADU may be permitted if the lot is located in the Very High Fire Hazard  Severity Zone in accordance with the provisions of this Chapter; on any property that has access only from the following streets:  (b) No ADU, FZADU, EADU, or Accessory Living Quarter shall be allowed (1) Furlong Lane - between Deodar Lane and Long Canyon Road;  (i) Oak Knoll Lane = east of Bliss Canyon Road;  (ii) Woodlyn Lane between Bradbury Hills Road and El Cielo Lane; and  (iv) Bradbury Hills Road.  9.85.030 Size  Secondary living quarters allowed pursuant to section 9.85.020 shall be limited to the  following square foot maximums:  -6-  Ord.373    Accessory Dwelling Unit (ADU) or Fire Zone. ADU (FZADU) or Enhanced Accessory Dwelling Unit (EADU) (per Zone Development Standards) ADU or FZADU- 1,000sf EADU not permitted ADU or FZADU- 1,000sf EADU-1,200s ADU or FZADU- 1,000 sf  Single-room occupancy (SRO) unit  Single-room occupancy (SRO) Development,  Junior Accessory Dwelling Unit (JADU)  Guest House or Bunk House  Zone  R-7,500 Not permitted  Not permitted  500sf  Not permitted  R-20,000  250sf  Not permitted 1d development with up toa maximum of 1,500 SRO units per lot 1 development with up to a maximum of 2,000 SRO units per lot 10 development with up toa maximum of2,500 SRO units per lot  500sf  Not permitted  A-1  250sf.  500sf  1,500sf  sfwith up to3 EADU not permitted  ADU or FZADU- 1,000sf  A-2  250sf  500sf  2,000sf  sfv with up to 5 EADU not permitted  ADU or FZADU- 1,000sf  A-5  250sf  500sf.  2,500sf  sfv with up to 10 EADU notp permitted  ARTICLE II - ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY  DWELLING UNITS 9.85.100 Purpose.  -7-  Ord. .373    The purpose of this Article is to implement the requirements for the establishment of Accessory Dwelling Units and Junior Accessory Dwelling Units as required by  California Government Code Sections 65852.2 and 65852.22.  9.85.110 Applications.  (1) Applications for Accessory Dwelling Units (ADUS), Fire Zone Accessory Dwelling Units ( FZADUS) and Junior Accessory Dwelling Units (JADUS) shall be ministerially processed within 60 days of receipt of a complete application and approved  ifth they meet the requirements of this Chapter.  a. Ifthe application is submitted in conjunction with an application for a new  primary single-family unit, the application fori the ADU, FZADUG or. JADU shall not be acted upon until the application fori the new primary single-family unit is approved, but thereafter shall be ministerially approved ifi it meets all requirements within 60 days.  b. The City shall grant a delay if requested by the applicant.  (2) All applications for ADUS, FZADUS and/or JADUS shall be accompanied by (3) ADUS, FZADUS and JADUS shall be subject to applicable inspections and (4) Applications for FZADUS and EADUS shall be processed in accordance with Article III of this Chapter and subject to the rules and regulations set forth therein.  the applicable application fee.  permit fees.  9.85.120 Allowed Zones / Density.  (1) An ADU or EADU may be constructed in any zone on a lot which contains a legally-existing or proposed primary single-family dwelling unit, provided that no ADUS shall be allowed in the Very High Fire Hazard Severity Zone. However, a FZADU and EADU may be built in the Very High Fire Hazard Severity Zone in compliance with Article  III of this Chapter.  (2) ADUS of any type shall not count in determining density or lot coverage and are considered a residential use consistent with the existing general plan and zoning 9.85.130 Accessory Dwelling Units (ADUs) - Development Standards I  designation for the lot. Requirements.  For purposes of this section, the term "ADU" shall include a "FZADU." (1) Type of building. An attached or detached ADU shall be a permanent structure on a permanent foundation with permanent provisions for living, sleeping, food preparation, sanitation, and bathing. A manufactured home as defined in California  Health and Safety Code Section 18007 shall qualify.  -8-  Ord.373    (2) Height. The height of an attached or detached ADU shall not be any higher than 16 feet. Notwithstanding the previous sentence, the height may exceed 16 feet if the ADU is built in a previously existing permitted space which already exists above a  permitted ground floor area or garage.  (3) Size.  a. Maximum size - the square footage of an ADU shall not exceed that set b. Minimum size - the square footage of an ADU shall not be less than 150  forth in Section 9.85.030. square feet.  (4) Application of Underlying Development Standards.  a. The development standards of the underlying zone shall apply, except as b. Ifa application of any development standard of the underlying zone or this  may be specified herein.  Chapter prevents the construction of an ADU that is no more than 16 feet in height, such development standard shall be waived to the extent needed to allow an 800 square foot ADU. The waiver of standards does not apply to the requirement for minimum four-foot  side and rear yard setbacks. (5) Setbacks.  a. Attached and detached ADUS shall be located behind the front yard b. The maximum side and rear yard setback requirements for an ADU,  setback line of the primary unit.  including an ADU added in an already existing and permitted space above a garage or other floor area shall be four feet. This does not prevent the applicant from providing a larger setback. For hillside lots with an average slope of at least 10 percent, the four-foot setbacks shall be measured from the edge oft the building pad and the edge of any top or  toe of a slope.  C. The setback requirements in subsections (5) a. and b. above shall not  apply if the ADU is being converted from a legally existing accessory structure, including a garage, or is being constructed in the same location and to the same dimensions asa  legally existing accessory structure, including a garage. Code as set forth in Title XVII of the Bradbury Municipal Code.  d. ADUS shall be required to comply with the requirements of the Building  (6) Parking.  a. Parking shall be required at the rate of one space for each ADU.  -9-  Ord. 373    b. Parking spaces for an ADU may be provided through tandem parking on  a legally-existing driveway; provided, that such parking does not encroach into the public  right-of-way or a private street.  C. - Parking spaces for ADUS may be provided in the paved portions of  setback areas; provided, that the amount of paving does not exceed the total amount of paving and hardscaped areas that are otherwise allowed by this Title at the time the ADU  isa approved.  d. When a garage, carport, or covered parking structure is converted into an  ADU, ori is demolished to accommodate the construction of an ADU, such parking spaces  need not be replaced.  e. Tandem parking and parking in setback areas shall not be allowed if the  City Manager makes specific findings that such parking is not feasible based upon  specific site or regional topographical, or fire and life safety conditions. parking shall be required for the ADU if any of the following conditions apply:  f. Notwithstanding any other provision of this subsection (7), no additional 1. The ADU is located within one-half mile walking distance of a public 2. The. ADU is located within an architecturally and historically significant 3. The ADU is part of a legally-existing primary unit or a legally-existing 4. When on-street parking permits are required, but not offered to the 5. When there is a car share vehicle located within one block of the ADU.  transit stop; historic district; accessory structure; occupant of the ADU; or  (7) Design.  a. The ADU shall be of the same architectural style, including roof design, b. Windows, doors, trim, and other architectural embelishments of the ADU C. To the extent feasible, ADU window placements shall be sensitive to d. The ADU shall have a separate entrance from the primary unit. e. The ADU shall not alter the appearance of the primary unit.  and color as the primary unit.  shall be of a quality that meets or exceeds that of the primary unit.  maintaining privacy between other dwelling units on the same lot or adjacent lots.  -10-  Ord.373    (8) Fire sprinklers shall be required in the ADU if they werelare required in the  primary unit at the time of construction.  (9) Utilities - connections, fees and capacity charges.  a. For an ADU contained within a legally existing primary unit, or a legally  existing accessory structure meeting the requirements of Section 9.85.140(1)(a) below, the City shall not require the installation of a new or separate utility connection between the ADU and the utility or impose a connection fee or capacity charge. Such requirement and charges may be imposed when the ADU is being constructed in conjunction with a  proposed new primary unit.  b. For all ADUS other than those described in subsection (9)(a) above, the  City shall require a new or separate utility connection between the ADU and the utility and shall charge a connection fee or capacity charge that is proportionate to the burden oft the proposed ADU based on the size or number of drainage fixture unit (DFU) values upon  the water or sewer system. (10) Impact Fees.  a. No impact fee shall be imposed on any ADU of up to 1,000 square feet in b. Notwitnstanding any fee resolution to the contrary, for ADUS larger than  size.  1,000 square feet, impact fees shall be charged proportionately in relation to the square  footage of the primary unit.  C. All applicable public service and recreation impact fees shall be paid prior  to occupancy in accordance with Government Code Sections 66000 et seq. and 66012  et seq.  d. For purposes of this Section, "impact fee" shall have the meaning set forth  in Government Code section 65852.2(f). 9.85.140 Mandatory Approvals.  (1) Notwithstanding any other provision ofthis Chapter, the City shall ministerially approve an application for any one of the following categories of ADUS and/or JADUS within a residential zone, unless such ADU is in the Very High Fire Hazard Severity Zone.  a. AnADU or JADU within the existing or proposed space of the primary unit 1. An ADU or JADU shall have exterior access separate from the legally  ora accessory structure, subject to the following requirements:  existing or proposed primary unit.  -11-  Ord. 373    2. An expansion of up to 150 square feet shall be allowed for a legally  existing accessory structure that is to be converted to an ADU, solely for the purpose of  accommodating separate ingress and egress.  3. The side and rear yard setbacks shall be sufficient for fire and safety. 4. AJADU shall comply with the requirements of Sections 9.85.150 and b. One detached ADU that will have at least four-foot side and rear yard  9.85.160 below.  setbacks on a legally existing lot with a legally existing or proposed primary unit, provided that the ADU shall not be more than 800 square feet and shall not exceed 16 feet in height. The ADU may be combined with a JADU sO long as it complies with all the  requirements of Sections 9.85.150 and 9.85.160 below.  C. On a lot with a legally existing multifamily dwelling structure, up to 25  percent of the total multifamily dwelling units, but no less than one ADU or JADU, shall be allowed within the portions of the legally existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each dwelling unit complies with State building  standards for dwellings.  d. Onal lot with a legally existing multifamily dwelling structure, there may be  up to two detached ADUS, provided that neither unit is greater than 16 feet in height and  that both ADUS have at least four-foot side and rear yard setbacks. not require the correction of legal, nonconforming zoning conditions.  (2) For those ADUS and JADUS that require mandatory approval, the City shall (3) Any ADU created under this Section 9.85.140 shall not be rented for a period 9.85.150 Junior Accessory Dwelling Units - Development Standards I  of less than 30 days. Requirements.  (1) One JADU shall be allowed on single-family residentially zoned lots in conjunction with a legally existing or proposed primary single-family unit. A JADU may be allowed on the same lot as a detached ADU where the detached ADUI is no larger than  800 square feet and no taller than 16 feet.  (2) The JADU shall be required to contain at least an efficiency kitchen which includes cooking appliances and a food preparation counter and storage cabinets that  are of reasonable size in relation to the size of the JADU.  (3) The JADU shall be required to have a separate entrance from the primary  unit.  -12-  Ord.373    (4) The JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall share sanitation facilities with the primary single-family unit and shall have direct access to the primary unit from  the interior of the JADU. (5) Parking.  a. No additional parking shall be required for a JADU.  b. Ifagarage is converted to develop a JADU, replacement parking shall be (6) AJADUS shall be required to comply with applicable Building Code standards. (7) The owner of the property on which a JADU is constructed shall record with the County Recorder of Los Angeles County, a deed restriction which shall run with the land and a copy of the recorded deed restriction shall be filed with the City after  required.  recordation. The deed restriction shall provide for the following:  a. Aprohibition on the sale oft the JADU separate from the sale oft the primary b. Ap prohibition on the JADU being larger than 500 square feet;  unit;  C. A prohibition on renting either the primary unit or the junior accessory d. Ar restriction that the owner resides in either the primary unit or the JADU, 1. The owner may rent both the primary unit and the JADU to one party  dwelling unit for less than 30 consecutive, calendar days;  notwithstanding the following:  with a restriction in the lease that such party may not further sublease any unit or portion  thereof; and  2. This restriction shall not apply if the owner of the primary single-family 3. A statement that the deed restrictions may be enforced against future  unit is a governmental agency, land trust, or housing organization; and  purchasers.  (8) For the purposes of applying any fire orl life protection ordinance or regulation, orp providing service water, sewer, or power, including a connection fee, a JADU shall not  be considered a separate or new dwelling unit. conditions for approval of a JADU.  (9) The City shall not require the correction of legal, nonconforming zoning  -13-  Ord.373    9.85.160 Regulations = Accessory Dwelling Units (ADUs) and Junior Accessory All provisions set forth herein relating to ADUS shall also apply to FZADUS and EADUS. (1) Sales. ADUS and JADUS cannot be sold separately from the primary unit.  Dwelling Units (JADUS).  (2) Rental.  a. Short-term rentals of the ADU and JADU are prohibited. b. The ADU or JADU may be rented separate from the primary unit.  (3) Owner/Occupancy.  a. No ADU approved between January 1, 2020 and January 1, 2025 shall  have an owner-occupancy requirement. After January 1, 2025 owner-occupancy shall be required for all new ADUS, such that the owner of the property shall occupy either the  ADU or the primary unit.  b. All properties on which a JADU is developed shall have an owner- (4) This Chapter shall in no way validate any existing illegal ADU nor shall it (5). An application to convert an illegal and/or nonconforming ADU and/or JADU toa legal conforming ADU or JADU shall be subject to the same standards and  occupancy requirement in accordance with section 9.85.150(d). change a legal nonconforming unit to a conforming unit.  requirements as for a newly proposed unit.  (6) Guest houses that were previously approved and which have a valid building permit on file shall not be affected by this Chapter. However, an application to convert a  guest house to an. ADU shall be subject to this Chapter.  (7). Revocation. The City Manager shall have the authority to revoke an ADU and/or JADU permit if one or more of the requirements of this Chapter islare no longer  met.  (8) Enforcement. Until January 1, 2030, the City shall issue a statement along with a notice to correct a violation of any provision of any Building Code standard relating  to an ADU or JADU that provides substantially as follows:  You have been issued an order to correct violations or abate nuisances relating to your Accessory Dwelling Unit or Junior Accessory Dwelling Unit. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the City Manager. If the City determines that enforcement is not required to protect the health and  -14-  Ord.373    safety, enforcement shall be delayed for a period of five years from  the date of the original notice.  This provision shall only apply to ADUS and JADUS built before January 1,  2020.  ARTICLE II-ALTERNATE TYPES OF ACCESSORY DWELLING UNITS  9.85.200 Fire. Zone Accessory Dwelling Units.  FZADUS shall be processed in accordance with and subject to the provisions of (1) FZADUS shall be required to have minimum side and rear yard setbacks of fifteen feet that shall be maintained in compliance with the Fire Department's fuel modification requirements. For hillside lots with an average slope of at least 10 percent, the fifteen-foot setbacks shall be measured from the edge of the building pad and the  Sections 9.85.110 -9.85.130, and 9.85.160 above with the following exceptions:  edge of any top or toe of a slope; and  (2) FZADUS shall be required to be equipped with fire sprinklers.  9.85.210 Enhanced Accessory Dwelling Units.  (1) EADUS may exceed the maximum permitted size allowed under Article II  above, subject to the maximum square footages set forth in Section 9.85.030.  (2) Development Standards.  a. EADUS shall be required to comply with all the requirements of the b. EADUS shall be required to provide one additional parking space per unit. C. EADUS shall be required to comply with the procedures set forth in Chapter  underlying zoning and all building requirements, including fire sprinklers.  34 of the Development Code for Architectural Review, Significant. ARTICLE IV - ACCESSORY LIVING QUARTERS  9.85.300 Development standards for accessory living quarters.  Accessory living quarters shall be developed in accordance with the following (1) Accessory living quarters shall be allowed in accordance with Sections (2) Accessory living quarters are permitted only on residential lots which are  standards:  9.85.020 and 9.85.030 above.  developed with a primary single-family unit.  -15-  Ord.373    (3) Accessory living quarters must comply with the Bradbury Development Code, applicable at the time the plans for Planning Department approval for the  accessory living quarters are submitted.  (4) All accessory living quarters, whether attached or detached, must conform to all setback, lot coverage, floor area, emergency evacuation capacity, and building bulk requirements of the applicable zone, and if detached, must be at least 20 feet  from any other building.  (5) The maximum allowed height for a detached accessory living quarter unit or building shall not exceed 28 feet, even when allowed as a second story above an  existing primary unit, garage, or accessory structure.  (6) No accessory living quarter shall exceed one-floor in height; however, that (7) The owner of the property must occupy either the primary unit or an (8) A minimum of one on-site parking space shall be provided for each accessory living quarter, in addition to the parking requirement for the primary single- family unit. The parking spaces for the accessory living quarters need not be covered, except for multi-family dwellings for which the parking spaces shall be in carports. All parking spaces shall be paved and accessible from a single, common driveway for the primary and accessory living quarter units. Tandem parking is not permitted to meet  floor may be a second story. accessory living quarter unit.  this off-street parking requirement. to the following individuals:  (9) The tenants of a bunk house, SRO, or SRO development shall be limited  a. Personnel involved with the care and maintenance of the primary unit; b. Personnel involved with the care and maintenance of the general C. Personnel involved with the care of a resident of the primary unit; d. Personnel involved with the associated on-site agricultural, equestrian, e. In an SRO or SRO development, a family member may also reside in (10) Single room occupancy ("SRO") residential units and developments are  premises;  farming, or other residential activities.  the unit.  subject to the following additional requirements: ar maximum floor area of 250 square feet.  a. Each SRO unit shall have a minimum floor area of 150 square feet and  -16-  Ord. 373    b. Each SRO unit shall have a private toilet in an enclosed, adjacent  compartment of up to 50 square feet with at a minimum, a door, a sink, and a shower.  C. Each SRO unit shall have a separate closet.  d. Kitchens shall not be provided in the individual SRO unit. In the case of  as SRO development, common kitchen facilities, dining rooms, and laundry facilities  shall be provided.  e. Each SRO development shall have a cleaning supply room or utility f. No more than two persons shall be allowed to reside in any SRO unit. g. SRO units shall be offered for rent or occupancy in conjunction with  closet with a wash tub with hot and cold running water.  employment on a monthly basis or longer.  9.85.310 - Accessory living quarters - Neighborhood compatibility review =  Standards.  All development of accessory living quarters shall be subject to the procedures for neighborhood compatibility review and approval pursuant to Chapter 34 of this title. In addition to the standards and determinations required by Chapter 34 of this title, the following findings shall be required for approval of accessory living quarters: (1) The accessory living quarter(s) will be appropriate toi the size and character of the lot on which it will be located, and to the character of the neighborhood. (2) The accessory living quarter(s) will not overload the capacity of the neighborhood to absorb the physical and use impacts of the unit(s) in terms of parking, adequacy of water and sewer services, traffic volumes and flows, emergency  evacuation capacity, and utilities consumption.  (3) The accessory living quarter(s) will not be materially detrimental to the public health, safety, and general welfare, or to the use, enjoyment, or valuation of  property of other persons located in the vicinity. 9.85.310 - Nonconforming uses.  (1) No noncontorming accessory living quarter(s) may be expanded or remodeled by the addition of any space or addition of plumbing fixtures or cooking facilities unless it is brought into compliance with the provisions set forth in this Code  prior to occupancy.  (2) Any accessory living quarter legally permitted prior to January 1, 2020 shall  be allowed to remain as legal, non-conforming uses.  -17-  Ord.373    SECTION4. Section 9.103.030 of the Bradbury Development Code is hereby  amended to read as follows:  Sec. 9.103.030 - Number of parking spaces required.  (1) The number of off-street parking spaces required for each primary single- family dwelling unit containing not more than four bedrooms shall be two parking spaces located in a garage. Primary units containing more than four bedrooms, not including a Junior Accessory Dwelling Unit, shall provide one additional off-street parking space in a garage for each increment of two additional bedrooms or rooms  used for sleeping purposes.  (2) Development projects subject to the hillside development standards shall (3) Parking for secondary dwelling units shall be as specified in Chapter 85 of this Title. Except as specifically allowed in Chapter 85, tandem parking shall be SECTION5. CEQA. This Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15282(h) which provides a statutory exemption for the adoption of an ordinance regarding accessory dwelling units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code. As the standards of Government Code Section 65852.22 relating to junior accessory dwelling units are incorporated into Government Code 65852.2, this exemption covers junior accessory dwelling units as well. Regardless of whether the City adopts this Ordinance, accessory dwelling units andj junior accessory dwelling units must be allowed in the City in accordance with the standards set forth in State Statute. Therefore, this Ordinance is categorically exempt under the commonsense exemption of CEQA Guidelines section 15061(b)(3) which provides that CEQA does not apply where it can be seen with certainty that the project will not cause any impacts. Additionally, the sections that were added in Article IV of Chapter 85 are the same sections that were previously in the Code which were removed by the Urgency SECTION6. Effective Date. This Ordinance shall take effect on the thirty-first date after passage. Upon its effective date, this Ordinance supersedes Urgency Ordinance No. 368 SECTION7. Severability. Ifany section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective oft the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared invalid. SECTION8. Certification. The City Clerk shall certify the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall  require an additional two uncovered off-street parking spaces.  prohibited.  Ordinance.  which will be of no further force or effect.  -18-  Ord. 373    make a minute passage and adoption thereof in the records of the meeting at which time SECTION9. Transmission to HCD. The City Clerk shall send a copy of this Ordinance tot the Department of Housing and Community Development as required by State law.  the same is passed and adopted.  PASSED, APPROVED AND ADOPTED this  day of  2021.  Mayor  ATTEST:  City Clerk  -19-  Ord.373    ATTACHMENT B  PLANNING COMMISSION RESOLUTIONNO. PC21-294 A RESOLUTIONOF THE PLANNING COMMISSION OF THE CITY OF BRADBURY, CALIFORNIA, SETTING FORTH THE FINDINGS OF FACT. AND A DECISION WITH AN EXEMPTION UNDER THE CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA) TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDING THE DEVELOPMENT PROVISIONS OF THE BRADBURY MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS (ADUS) AND JUNIOR ACCESSORY DWELLING UNITS (JADUS) IN ACCORDANCE WITH STATE LAW AND PROVISIONS RELATED TO  ACCESSORYLIMING QUARTERS (ALQs)    PLANNING COMMISSION RESOLUTION NO. PC21-294  AI RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRADBURY, CALIFORNIA, SETTING FORTH THE FINDINGS OF FACT AND A DECISION WITH AN EXEMPTION UNDER THE CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA) TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDING THE DEVELOPMENT PROVISIONS OF THE BRADBURY MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS (ADUS) AND JUNIOR ACCESSORY DWELLING UNITS (JADUS) IN ACCORDANCE WITH STATE LAW AND PROVISIONS RELATED TO ACCESSORY LIVING WHEREAS, the State legislature adopted numerous housing bills in 2019, including provisions that mandated the allowing of accessory dwelling units and junior accessory dwelling units, and that went into effect on January 1, 2020; and  QUARTERS (ALQs)  WHEREAS, the City of Bradbury adopted Urgency Ordinance No. 368 at the regular City Council meeting on December 17, 2019 to enact local regulations for  accessory dwelling units and junior accessory dwelling units; and  WHEREAS, an urgency ordinance is to be replaced with an ordinance that is adopted after having been considered at public hearings before the Planning Commission  and City Council; and  WHEREAS, the Municipal Code of the City of Bradbury provides that the Planning Commission shall make recommendations to the City Council regarding amendments to  the Development Code.  NOW, THEREFORE, THE PLANNNG COMMISSION OF THE CITY OF BRADBURY, DOES HEREBY RESOLVE, FIND, AND DETERMINE AS FOLLOWS: SECTION A. The Planning Commission declares that a public hearing was held at the regular meeting of January 27, 2021, in accordance with the provisions of the  Bradbury Municipal Code relative to this matter.  SECTION B. The Planning Commission finds and declares that the information ini the agenda report and the testimony given at the public hearing are incorporated in this Resolution and comprises the bases on which the findings have been made.  SECTION C. The Planning Commission finds and declares that there is consistency between the Generai Plan and the Development Code Amendments  proposed by the draft ordinance.  SECTION D. The Planning Commission hereby recommends to the City Council that the City Council proceed with approval and adoption of the ordinance to amend the zoning provisions of the Bradbury Municipal Code relating to accessory dwelling units    and junior accessory dwelling units in accordance with State law and provisions related  toa accessory living quarters.  SECTION E. The Planning Commission finds and declares that the proposed Development Code Amendments are exempt under the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15282(h) that provides a statutory exemption for the adoption of an ordinance regarding accessory dwelling units and junior accessory dwelling units per the provisions of Sections 65852.1 and 65852.2 of the Government Code, and CEQA Guidelines Section 15061(b)(3) that provides that CEQA does not apply where it can be seen with certainty that the project will not cause any impacts, and that the provisions for accessory living quarters are to replace provisions that were previously in the Code but were repealed by the Urgency  Ordinance.  SECTION F. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 27th day of January 2021.  Chairperson ATTEST:  City Clerk  1,C Claudia Saldana, City Clerk, hereby certify that the foregoing Resolution No. PC 21-294 was duly adopted by the Planning Commission of the City of Bradbury, California, at a regular meeting held on the 27th day of January 2021, by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  PC21-294    This page intentionally blank a    ATTACHMENT C  MAPS OF VERY NARROW/STREETS    TENNYHO  O8  R 3  S7  Sy  An  B  0 6    5 / 2  AV  $  E.BL  5 1    4  M3    &S  8  oz  I 0O N7STIH AUN8GVAg  Q0014 - 19'  8/ .91  2    This page intentionally blank a    ATTACHMENT D  DUDEK MEMORANDUM    605 THIRDSTREET ENCINITAS, CALIFORNIA92024 760942.5147 F760.632.0164  MEMORANDUM  To: From: Subject: Date: CC: Attachment(s):  Kevin Kearney, City of Bradbury Dudek Fire Protection Planning Team; Michael Huff- Principal California's Accessory Dwelling Unit Law (AB No. 68) December 9, 2020 Bradbury City Council 1 City Provided Areas of Focused Assessment 2 Bradbury Fire Hazard Map 3 Bradbury and Los Angeles County Code References  Summary  The following analysis provides a response to the City of Bradbury's concerns regarding the impact of California's Accessory Dwelling Unit Law (AB No. 68), that can affect fire safety. Specifically, the City requested that Dudek examine issues relating to setbacks and prohibition on fire sprinklers, including the evaluation of the potential for increased fire hazard potential. Separate from the wildfire issues, State law continues to prohibit the City from requiringautomatic fires sprinklers in ADU's whent ther main residence was not required to havet fire: sprinklers. Based on the State of California's findings regarding the effects of climate change on wildfire hazards and risks, and the proposed approaches to addressing it, and on California's Draft Office of Planning and Research's direction for General Plan policies and program, ito does not appear to be a prudent decision to allow. ADUS int fire hazard severity zones without specific fire protection measures, many of which the State is already recommending in their own conclusions and which are discussed ini the Conclusions and Recommendations sections that follow. Our assessment of the general fires safety related to the requirement fort four-foot setbacks and thei inability to require fires sprinklers resultsi in our opiniont thati its implementation in Bradburywould likely haver negative fire related impacts.  Issue  Bradbury's concern over portions of State law's preemption of local requirements that can affect fire safety prompted this analysis. The City's concern stems from Bradbury's location andi fire history. Most of Bradbury is located withina very high fireh hazards severity zone (VHFHSZ), a wildland urbani interface area, an ember intrusion zone, andi is officially recognized by the federal government as a community at high risk from wildfire E/MRAIRANeENA documensy2001/01/040w01s2/utanadanomterisoecommnuepwtrintewcmlydiederalHandthatare The City is located at the foothills of the San Gabriel Mountains and adjacent to the Angeles National Forest. Terrain and fuels throughout portions of Bradbury would facilitate wildfire, particularly under extreme weather conditions. Wildfires regularly occur within the foothills of the San Gabriel Mountains and the area is subject to semi-regular, extreme fire weather including high winds and low humidity, a combination that increases the vegetation ignition potential and enhances fire spread rates and intensity. For example, the City was subject to  at-high-risk-from.)  12942 December 2020  DUDEK  1    Memorandum  Subject: California Accessory Dwelling Unit Law (ABI No. 68)  an aggressive wildfire in 1980 that killed one person and destroyed 49 Bradbury homes. An estimated 6,200 acres were burned and approximately $15 million in damage incurred. As this report was prepared, Bradbury residents had recently been under evacuation warning due to the Bobcat Fire that had burned 115,000 acres, The City requested that Dudek examine issues relating to setbacks and prohibition on fire sprinklers from a fire safety perspective, including the evaluation of the potential fori increased fire hazard potential. The term accessory dwelling unit (ADU) often connotes a detached "granny flat," which seems to bet the ADUstructure of most concern toi the Bradbury City Council. However, the broad definition oft thet term includes attached and embedded. ADUS as well. The following analysis and information will address the detached ADUS, since they were the focus of City provided guidance questons/tesponses. These questions/responses included the following and are further 1. Review any challenges of hillside area setbacks being calculated from property lines instead of by 2. Investigate safe distances between. ADUS or ADUS and others structures in high fire severity zones where there are no sprinklers ini the ADUS or main residence. Look at where there are: sprinklers in one or both. 3. Describe the danger of fire spreading if the ADU has sprinklers but not the main house. Compare the likelihood of fire communication between structures with and without sprinklers. 4. Isa 20-foot right of way needed to get ai firet truck intot thes street? How does that correlate with 20 feet 5. Verify ifa 1,000 sq. ft. addition is added to an existing home (i.e., not an ADU), would one have to add 6. Would the State mandated: allowances of manufactured homes int the City, without significant City review, pose any threats in al high fire hazard area? What fire safety issues are beingi introduced with manufactured homes that are built somewhere else and moved to Bradbury? 7. Are there any contradictions between the State's desire to fortify high fire hazard areas through land use 8. Address any climate change issues related to ADUS - morei fires, larger fires, greater risk? For purposes oft thef fires safetye evaluations conducted! herein, thef following Bradbury Municipal Code BMC)defintionsapp, Accessorydwelling unit shall meana a dwellingunitt thati is attached, detached, orl located within ane existingor proposed residential dwelling which provides complete independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking and sanitation facilities on1 the same parcel of land as the residential dwelling. Dudek's analysis focuses generally on detached. ADUS in response to City guidance questions. Junior accessory dwelling unit shall mean an accessory dwelling unit that is no more than 500 square feet in size and contained entirely within a single-family residence. This does not include an attached garage or other  including areas just north of the City.  detailed in Attachment #1:  building pads.  between buildings fir fire apparatus? sprinklers tot the existing home?  and its housing density regulations?  and can bei foundi in BMC Section 9.85.020:  attached accessory structure.  Primaryunit: shall mean an existing single-family dwelling, or the larger of two proposed units.  12942 December 2020  DUDEK  2    Memorandum  Subject: California Accessory Dwelling Unit Law (AB No. 68)  Findings  Our assessment oft the general fire safety related to the requirement forf four-foot setbacks and1 thei inability to require fire sprinklers resultsi in our opiniont that its implementation inl Bradbury would likely have negative fire related impacts. Currently, the City precludes ADUS int the VHFHSZ. Adding dwelling units ini this area could increase structure wildfire risk, even though ADUS would be obliged to meet the statewide minimum requirements of ignition resistant construction materials and methods as prescribed in Chapter 7A of the California Building Code. However, even ignition resistant buildings thata are nots set back appropriately from unmaintainedi fuels with suitable defensible space may represent an increased risk ofs structure ignition and potential for structuretostructure ignition when older, more vulnerable primary residences (those built prior to 2007's enhanced ignition resistance requirements and 2010's inclusion ofi interior sprinklers) are within short setback proximity. Conversely, ADUS that are close to a property line where the owner has no ability to provide defensible space off-site and with natural vegetation beyond, represents a potential ignition source: should as structure fire occur, and if that. ADU is not sprinklered, the potential for an internal (structure) firet tos spreadi intot thec open spacei fuelsi increases. Neighboring property owners may be required to provide defensible space for a neighbor that builds an ADU. Additional ADUS also increase the density in high fire hazard severity: zone areas. This increased density would leadt to more vehicles andtraffica and, depending ont thet totalr number of additional vehicles, may result in impassible or congested roadways for emergency vehicles and less effective emergency: access, delayed evacuations and greater potential wildfire risk to residents andi incoming responders. Separate from the wildfire issues, the revised ADU law continues to prohibit the City from requiring automatic fire sprinklers in ADUS when the main residence was not required to have fire sprinklers. The lack of a sprinkler requirement is disappointing, as sprinklers were adopted in the 2010 California Building and Fire Codes for all new one- and two-family homes because, after many years of proving their worth, were recognized to save lives, both occupants' and firefighters', reduce damage, protect and benefit the environment, and reduce demand on fire suppression: services andi resources. Thet factt that ADUS were specifically carved out ofthis requirement isi incongruous with the residential sprinkler effort of sO many! years by sO many code officials, andi frankly, inexplicable.  Example: Santa Barbara ADU  The City of Santa Barbara, like Bradbury, has prohibited ADUS in high fire hazard zones. ADU law could be interpreted as an override oft this restriction, which is somewhat confusing given the State's focus on, and passage of, numerous wildfire safety related laws over the last decade. In late 2019, Santa Barbara passed an emergency ordinance to prohibit new ADUS in their highest fire hazard severity zones, at least until December 2020 sO they coulde evaluate thei impacts of thes state's new law. Santal Barbara has drafted a 2020ADU Ordinance Update, which was scheduled to be considered by the City Council on September 24, 2020. The Ordinance Update would be consistent with State law and apply locally adopted requirements for ADUS int the highest fire hazard severity: zones. The ignition resistant construction provisions as outlined in Chapter 7A of the Building Code would apply, as no  variance or modification is allowed (as would be the case in Bradbury).  12942 December 2020  DUDEK  3    Memorandum  Subject: California Accessory Dwelling Unit Law (AB No. 68)  SANTA BARBARA  Fire Safety Standards Changes Fire Safety Standards in all Fire  Hazard Areas Fire Code construction Defensible space No tandem parking 1A parking space perADU (with exceptions)  No variance or modification allowed  28  SantaBarbaraCA.gow  The following standards are required for ADUS in Santa Barbara's fire hazard zones:  1. No Tandem Parking. Santa Barbara recognizes that wildfire related evacuations present a significant risk ini their foothill and extreme locations. To that regard, they are prohibiting tandem parking, as it can delay evacuations and cause interruptions in traffici flow when vehicles are backed into the street during an evacuation. Relatedly, they are requiring one parking spot per ADU, whereas, the ADU legislation absolves parking stipulations. "No parking space shall be developed in at tandem configuration. Note that Santa Barbara includes very dense, smaller parcels and circuitous, narrow roads compared to Bradbury within 2. High Fire Construction. The accessory dwelling unit shall be designed to meet high fire construction standards adopted or enforced byt the City, as determined by the Chief Building Official or the Fire Code Official. Application of Chapter 7A of the Building Code is consistent with "High Fire Construction". 3. No Variance or Modification. No variance or modification to any Fire Code requirements or high fire 4. Defensible! Space. Santa Barbara, noting the need for defensible space, requires that existing defensible space requirements are applied to ADUS. "The site must meet defensible space requirements, pursuant to Chapter 8.04 of this code, prior to occupancy and those requirements must be maintained". Similar requirements in a Bradbury ADU Ordinance Update may be appropriate given the similarities between the  the higher fire hazard areas.  construction standards shall be permitted.  cities and their fire hazards.  12942 December 2020  DUDEK  4    Memorandum  Subject: California Accessory Dwelling Unit Law (ABI No. 68)  Conclusions  Based on Dudek's analysis of State law, research conducted to respond to each comment/question provided by the City, and comparing the similar City of Santa Barbara, thet following conclusions are offered regarding building 1. ADUS ini fire hazard severity zones mayi increase the potential fire risk byi increasing density and the number 2. Structure to structure ignition of buildings in close proximity to each other is possible, has been experienced in numerous communities, andi is relatedi tot thee exterior ignition resistance levels and distance apart, mores sot than to the presence of interior fire sprinklers. However, sprinklers may play a role in reducing the damage realized and could minimize: structure tos structure spread probabilities by controlling ani interior firet tot ther room of origin. 3. IfanA ADUi is sprinklered, then ani interior fire willl be suppressed or at least controlled and confined, reducing potential for structure to structure ignition. Ift the primary structure is not ignition resistant, it will be more susceptible to ignition. If the primarystructure is not sprinklered, ita also may be mores susceptible toi ignition 4. The state mandated sprinklers in all new one- and two-family dwellings since 2010 yet exempted sprinklers whent the state created ADUI laws. Thisi isi incongruous andi fire prevention officials consider unfortunate. 5. Thei fire code includes provisions for 20-foot unobstructed access roads. This is based on the width of fire engines and their ability to pass one another. There is no spacing requirement between buildings for fire department apparatus access. Fire Department vehicular access must be provided to allow a hose to be pulled therefrom: and reacha all points around thee exterior ofas structure within: 1501 feet. Firefighters pull hoses 6. Based on the current code, addinga: 1,000: square foot addition to ane existing home would not likelyr require that the structure be provided with interior sprinklers. There are specific circumstances where sprinklers would be required, but they are relatively remote occurrences except for additions that exceed 50% and increase the total square footage to over 5,000 square feet and are further than 3 miles from the nearest fire station. We believe the 3-mile fire station distance exception alone would apply to nearly all Bradbury 7. Manufactured homes are required to include ignition resistant features meeting Chapter 7A of the building code when located within wildland urban interface and fire hazard severity zones. Depending on the City's inspection process, there may be some risk that a manufactured home not including ignition resistant features could be! brought into the City, inv which case it would pose al higher risk of wildfire ignition. 8. Climate change has been declared by California agencies to have a major impact on wildfire frequency and severity. Subsequently, as areas includel higher populations withini fire hazard severity zones, the result may bel higher overall risk. The riski may! be related to! higher structure density, ani increase ini ignition: sources (more people could lead to more ignitions), and also an increase int the wildfire risk to people from being closer to wildfires and relying on unimproved ori insufficient evacuation routes. Adding ADUS may increaset ther number of vehicles needing to evacuate with noi increase in road capacity, which would havet the potential to increase  ADUS in Bradbury.  ofl lower ignition resistant and unsprinklered structures.  from an interior structure fire.  tot the buildings rathert than park directly nextt to al building.  home remodels thereby exempting any sprinkler installation in additions/remodels.  evacuation times and pose challenges for incoming responders.  12942 December 2020  DUDEK  5    Memorandum  Subject: California Accessory Dwelling Unit Law (AB No. 68)  Recommendations  1. The City must continuei to enforce Chapter 7A1 for all ADUS and any news structures int firel hazard severity zones. 2. Automatic fire sprinklers should be installed in ADUS, whenever possible. The City should consider options to include sprinklers in all ADUS. In addition, educating the public on sprinkler importance could result in 3. FMZs should be strictly enforced and where possible, should be extended to 100 feet from alls structures; where notp possible, alternative materials and methods, such as design features or fire protection systems, 4. Manufactured homes should require City direction to resident buyers and inspections to confirm 5. ADUS should be monitored to assess potential impacts on emergency evacuation (i.e., multiple ADUS ona dead-end street - how many more people and vehicles could this represent?). Limits may need to be 6. Parking may not be a concern in Bradbury as it is in Santa Barbara due to the large size lots and lower housing densities. Itisl likely that ADU related vehicles would have adequate parking off thes street. However, if tandem parking becomes an issue, enacting a similar ordinance requirement to limit the number of 7. Consider a broad fire safety ordinance review to consider if a customized Bradbury-focused fire code instead of merely adopting the Los Angeles County Fire Code is appropriate or other municipal code provisions are necessary. Because most of Bradbury is within a high or very high fire severity zone, a comprehensive review to strengthen the municipal code or guide the adoption process for future code  the inclusion of sprinklers in ADUS even though it cannot be required in all cases.  may be considered.  compliance with CBC Chapter 7AI has been provided.  explored to minimize the potential for inefficient evacuations.  tandem vehicles to facilitate faster evacuations should be explored.  adoptions is recommended.  12942 December 2020  DUDEK  6    Attachment 1  City Provided Areas of Focuses Assessment    Attachment. 1  City Provided Areas of Focused. Assessment  Fire safety topics and questions that Dudek was asked to assess and provide informed opinions are detailed ini the  following sections. 1.  Review any challenges of hillside area setbacks being calculated from property lines instead of by Setbacks for land use planning purposes are established to present a uniform appearance in a development and to prevent structures from encroaching on adjacent lots or streets. Setbacks are typically delineated as prescribed distances from the property lot line, but can also refer to the graded building pad edge. When the edge of the building pad is used for setbacks, the rationale may be for maintaining usable open space on the lot, view preservation from adjacent property, or maintaining safe distances from hillsides or slopes. Ift the adjacent slopei is covered with native vegetation that may be considered a fire hazard (typical in southern California), this may be another reason to enforce al building pad setback. Based on the latter, iti is reasonable for the City to measure the setback from thel building pad when the loti is sloped and adjacent to wildland fuels to minimize potential for direct From a building code perspective, the separation of structures from other structures is intended to minimize the risk of fire communicating to or threatening an adjacent structure. The openings in exterior walls and the fire resistance ofe exterior walls are regulated by the distance to property lines. Fori more than one building on the same lot, the building codes use a concept of "imaginary property lines". The designer has thet freedom to choose where thei imaginary property linei is between structures ont thes same lot andt then establish the exterior walli fire resistance For defensible space purposes in the wildland-urban interface, fuel modification zones are established and maintained to provide buffers between flammable fuels and buildings and minimize the likelihood of flame impingement or excessive heat exposure and ultimately, to minimize the possibility that structures may ignitef from an approaching wildland fire. In addition, it provides firefighters with a "reduced fuel" area in which to defend the structure. Fuel modification zones are generally 100 feet wide, measured from the closest structure on the lot to the untreated vegetation. Ifthei full width cannot be provided, then additional fire protection measures (i.e., building materials, fire protection systems) may be considered by the fire department as acceptable alternatives. Conversely, if the fire environment is extreme, the fuel modification zone (FMZ) may be extended to 200 feet or more based on anticipated fire behavior driven by steep terrain, heavy fuels, wind alignments and other factors. In assessing the setback requirements as they apply to ADUS, a cursory review of the Bradbury Municipal Code (BMC) was conducted to prepare a reference table (Table 1). The setbacks from property lines must comply with the respective City requirements identified in the BMC. Side and Rear Yard setbacks for ADUS are four feet from the property line, which is much less than the setbacks for the primary structure on the lot (varies by Zone - see Residential Zone Setbacks table). [Note: this scenario would most likely be encountered for detached ADUS.] All building separation requirements would need to comply with the Building Code as adopted by the City (the City adopts the Los Angeles County Building and Fire Codes, which are based on the California Codes, with local amendments). This would apply to buildings on1 the same lot as well as adjacent lots. State law does not allow the City to require the same setbacks between ADUS and primary structures on other lots, and therefore, could represent an increase ini the potential for structure-tostructure ignitions.  building pads.  flame moving upt the slope to intersect with the structure.  and opening requirements based on the distances thereto.  12942 December 2020  DUDEK  1-1    Attachment 1  City Provided Areas of Focused Assessment  Table 1. Bradbury Municipal Code ADU: Setback Requirements  Residential Zone Setbacks Zone R-7,500 20 R-20,000 35 A-1 A-2 A-5 Hillside 100 ADUS 2.  Fronty yard Sidey yard Rear Yard  Min. avg, Width (ft) 60 80 100 120 250 See above  (f) 50 50 50 See above 4  (ft) 20 15 25 25 25 100  (ft) 30 15 25 25 25 100 4  Min.A Area 7,500sf 20,000 sf 1ac. 2ac. 5ac. 2 ac. and 210% slope NA See above  Fire Hazard Area High/Moderate Very High/High Very High/High Very High Very! High/High Very High/High Not permitted in Very High  ADUS must comply with the requirements for whichever Zonet they are located.  Investigate safe distances between ADUS or ADUS and other structures in high fire severity zones where there are no sprinklers int the ADUS or main residence. Look at wherei there are sprinklers in one or both. As mentioned in 1 above, the California Building Code (CBC) regulates the minimum distances between structures. There are no specific distances for ADUS as they are treated the same as a primary residence (R3 occupancies). Fora an ADU (or house) the California Residential Code (CRC) requires the exterior wallt to be one-hour fire resistance ratedi ifiti is between: zero (0) andi five (5) feet of the property line (ori imaginary property line between ita and another structure on the same lot). At five (5) feet or more, the wall is not required to be fire resistance rated. The aforementioned is for non-fire sprinklered structures. If a residential fire sprinkler system is provided, then three Where the codes recognize the unique nature of the wildland-urban interface (WUI), the State of California added specific provisions in the building code (Chapter 7A in CBC, or Section 337 in the CRC) that adds construction features to "harden" structures located in Fire Hazard Severity Zones (FHSZ's) by making them more ignition resistant. The State requirements apply to news structures only, not to additions, alterations, or remodels, unless thel local building department adopted some specific trigger languagei int their code adoption ordinance. Los Angeles County does amend the Code to require additions, alterations, and repairs to comply with these WUI related requirements. [Note: The City of Bradbury adopts the Los Angeles County Codes for use ini the City.] ADUS (as well as residence additions) int fire hazard severity zones would be required to build tot the Chapter 7A standards, which does not include fire sprinklers. ntps,/lbratymunioce.com/ca/Gs.angeles.couny/ccodes/code.ot.  (3)f feet separation ist the acceptable distance criterion.  ordinances?nodeld-11I26BUCO.CO.CH7A.SFMMACOMEEXWIEX_S701ASCPUAP)  701A.1-Scope.  This Chapter applies tol building materials, systems, and/or assemblies usedi int the exterior design and construction of new buildings, andi to additions, alterations, orr repairs madei to existing buildings, erected, constructed, or moved within a Wildland-Urban Interface Fire Area as defined in Section 702A. (Ord.: 2019-0056 $4,2019.)  12942 December 2020  DUDEK  1-2    Attachment. 1  City Provided Areas of Focused. Assessment  701A3-Aplication.  New buildings, and any additions, alterations, or repairs made to existing buildings located in or moved within any Fire Hazard Severity Zone within State Responsibility, Areas or any Widland-Urban Interface Fire Area designated by the Los Angeles County Fire Department that is constructed after the application date shall comply with the For 2-family dwellings (duplexes), the CRC requires a one-hour fire resistive wall between the two dwelling units. Some of thei features required by CRC: 337, Materials and Construction Methods for Exterior Wildfire Exposure, (or  provisions of this Chapter.  This requirement would also applyt to an ADU to an existing (or new) home (CRC302.3).  CBC Chapter 7A) include:  Vegetation management  Ignition resistant materials for exterior. surfaces (roofs, exterior walls, decks, balconies)  Regulated openings toi the outside to control or minimize opportunity for heat transfer into the structure or The overarching theme of these provisions ist to lessen the ignitability of the structure from an advancing wildfire's Inc contrast, the value of installing residential fire sprinklers is the lifes safety of the occupants. Theoretically, al home could still burn down even with sprinklers. If the occupants are able to escape the home unharmed, this is not considered a failure because the sprinklers performed as designed by delaying the burning process. In reality, however, sprinklers significantly preserve property in addition to life. Since sprinklers are relatively inexpensive to install and proven to provide significant benefits, it is confusing as to why ADUS do not have to comply with this requirement ift the main structure was not required to comply. The inherent benefit of fire sprinklers is recognized  ember intrusion (vents, windows, skylights, doors)  embers ort flame impingement.  by the Codes.  Sec. 9.85.050. - Development standarus/lequremerements-Accessony dwelling units.  Fire sprinklers. Fires sprinklers shalll be required ina any accessory dwelling uniti ift they were required int thep primaryunit. Sprinklered buildings provide some level of protection to minimize interior fire spread. However, structure to structure fire relies primarily on proximity and exterior ignition resistance levels. Where older, less ignition resistant buildings are near each other, there is a higher likelihood ofs structure tos structure ignition based on the heat output of one structure that is in close proximity to an unprotected second structure. Sprinklers in one or both of these structures may play a role in limiting fire spread internally, but would not necessarily prevent exterior ignition from occurring and spreading and a sprinklered structure from being lost if the eave/attic were to become involved. Therefore, structure to structure ignitions are possible, are less likely with higher exteriori ignition resistance levels, and are not directly related to interior sprinklers. For buildings within eight feet of one another, the least likely scenario for structure to structure ignition would be where two new ADUS or a new. ADU and a newer home were constructed to high exterior ignition resistant levels and including interior sprinklers were located adjacent each other (vs one older building or two older buildings not sprinklered). The greater the spacing and level of ignition  resistance, the lower the heat transfer and likelihood of ignition.  12942 December 2020  DUDEK  1-3    Attachment 1  City Provided Areas of Focused. Assessment  3.  Describe the danger of fire spreading if the ADU has sprinklers but not the main house. Compare the Any structures in a WUI create the risk of becoming an embergenerator ift they ignite. AL burning structure produces embers andi firebrandsv which cant thent travel great distances andi ignite a wildfire or help spread (an existing) wildfire or to other structures that are vulnerable to ember penetration. Similarly, as structure fire can generate intensel heat inaf fully involved event. This heat, which can approach 1,2000Fd cani igniter nearby structures that are not designed, constructed, and maintained to withstand this heat source. Most of Bradbury's structures were built prior to the ignition resistant code and sprinkler requirements of 2007 and 2010, respectively, resulting in a higher level of vulnerability for those structures that did not include enhanced ignition resistance. Setbacks between structures result in reduced heat proportional to the setback. Greater distances between structures allows heat dissipation, reducing the heat impacts. Likewise, ignition resistant construction materials are intended to withstand high intensity fire for a very short timeframe (from wildfires which are typically fast moving), but have weak spots, including windows, that may enable a breach and subsequent fire spread, other openings and vulnerable A structure equipped with sprinklers is well protected; the occupants in sprinklered buildings are afforded the ultimate int fire protection, ast therei is no equivalent tof fires sprinkler protection short of an engine company standing- by at the! home 24/7 providing fires suppression protection. The benefits of sprinklers are often associated primarily with the structure and its occupants. However, sprinklers provide benefits to the firefighters as sprinklers help contain active fire upon their initiation, often controlling fire to the room of origin or extinguishing it and providing Modern construction techniques are dominated by lightweight construction for efficiency in cost and labor. Additionally, many materials found in both construction materials, and furnishings and home contents are artificial (manufactured, non-natural). Lightweight construction is highly susceptible to early structural collapse and accelerated fire spread. Artificial materials burn faster, producing more toxic byproducts of combustion. All oft these are anathemas to both firefighters and home occupants as well as the environment. If the ADU has sprinklers, then a fire is going to be suppressed or at least controlled and confined. If the primary structure is noti ignition resistant, it will be more susceptible to ignition. If the primary structure is not sprinklered, 4. Isa 20-foot right-of-way needed to get a fire truck into the street? How does that correlate with 20 feet The California Fire Code (CFC), whichi is adopted byt the County of Los Angeles (withamendments), ands subsequently byt the City of Bradbury, identifies what constitutes an approved fire apparatus access road (access road) alongwith Access roadsi muste extendt to within 150f feet ofa all portions and exteriorv walls ofa alll buildings alonga a routet tol be approved by the fire department and based on hose pull distances. This distance may be extended upon approval by the fire department based ons specified conditions, includingi installation of an approved automatici fires sprinkler system.  likelihood of fire communication between structures with and without sprinklers.  construction features.  safer conditions to firefighters.  it willa also be more susceptible to ignition from a nearby structure fire.  between buildings fori fire apparatus?  required design standards and when and where they must be constructed.  12942 December 2020  DUDEK  1-4    Attachment 1  City Provided Areas of Focused Assessment  The access roads must have an unobstructed width of 201 feet, and must be widened to 261 feet, for a distance of 201 feet from either side ofai fire hydrant. For single-family residential lots, access roads may be reduced to 15 feet There is no fire code reference of minimum distance between buildings for fire apparatus access. However, all exterior doors and emergency egress windows must be: accessible by ana approved walkway leading from the access From a practical standpoint, at typical fire engine is approximately nine (9) feet, mirror to mirror. Inc order to allow a passenger vehicle, which may be 6.5 to 7 feet wide or another fire engine to drive past an engine, 20 feet is desirable. Because fire engines do not need to be ablet to park directly next to a building, there is no requirement 5. Verify ifa 1,200 sq. ft. (1,000 sq. ft. in Bradbury) addition is added to an existing home (i.e., not an ADU), In most cases, the answer is no. According to the LA County adopted building and fire codes, there are triggers which would cause a home undergoing an addition to be fire sprinklered, but these triggers seem to be set very For an existing home to be sprinklered due to an addition, it would have to be located in a specific FHSZ in the Malibu-Santa Monica Mountains or San Gabriel Southface areas, the latter of which would include Bradbury. CFC 903.2.11 is amended by LA County to include homes that undergo reconstruction, remodeling, or additions resulting in! 50% or more: area than prior to the work, within any 12-month period, to be fire sprinklered. There are  wide upon approval byt thei fire department.  road, when required byt the Fire Department.  for 201 feet between buildings.  would onel have to add sprinklers to the existingh home?  high, and significant exceptions exist.  several exceptions, however, including:  where the home is located within 3 miles of an existing or planned Los Angeles County fire station, as measured on a direct route on streets accessible to FD apparatus (and the code provides parameters for  what planned fire station means);  whent the resulting square footage is less than 5,000SF.  Therefore, it would seem almost impractical to expect a home undergoing an addition to require fire sprinklers. Since nearly the entire city is within 3 driving miles of the one LACOFD fire station closest to Bradbury (FS 44 in Duarte), it would practically never be required to add sprinklers fora al home remodel/addition. Even if thel home was beyond thet three-mile driving range, ity would havet tol be at least 3,300 SF prior tot the addition and undergo at least 50% of additional area to result in a structure of greater than 5,000 SF in order to trigger fire sprinklers. An ADU is limited in size to 1,000 square feet in Bradbury. Los Angeles County FD does not count the garage as area against the existing 1,200: sf limit. Asl long as thel living area (the ADU) attached to a garage is 1,200 sf or less then no sprinklers are required, and presumably, thes same would applyi in Bradbury but witha a: 1,000 sfl limit, unless:  The residence is already sprinklered  Ifthere is a codei issue of access or water supply then sprinklering may be accepted as mitigation Ift the ADU exceeds 1,200sfinLAC County (1,000s sf in Bradbury) attached to ag garage, then LA County would require sprinklers since it would then exceed the definition of an ADU, andr meeting the definition of ar newr residential unit.  12942 December 2020  DUDEK  1-5    Attachment 1  City Provided. Areas ofF Focused Assessment  An ADU addition under 1,200: square feet to an existing residence in LA County and: 1,000 sf in Bradbury, would not require sprinklers fort the same reasons as discussed above. Ift there is a code issue with access or water supply, sprinklers may be needed as a mitigation. Ift that same ADU addition exceeds 1,200 sf, (1,000 sfi in Bradbury) LA County would not typically require sprinklers since additions to unsprinklered residences rarelyt trigger sprinklers. Also, its should be noted that LA County FD enforces access and water supply requirements very strictly. If any part of an ADU, or altered home, exceeds the FD access thresholds of the Fire Code, ai fire sprinkler system may be  accepted as an alternative to mitigate the access deficiency.  Helpful References:  ttps//dpw.acounvy80V/DS4/ID/P/BuldingResicenta/Accessony20Dwelings0Units/ADUSS ittps://dpw.acounty8/psa/Ib/P/Bulding/Resigental20C00EM20Manuas/2017/RCMP9620R313.294 20A1920920Automatco2Ofrex20Spmnwen205stem,20Requirementspadt Would the State mandated allowances of manufactured homes in the City, without significant City review, pose any threats inal highi fire hazard area? Whati fires safetyi issues are beingi introduced with manufactured homes that are built somewhere else and moved into Bradbury? (Manufacturer, codes, etc.) Based on the requirements for manufactured homes, the answer to the question is essentially, no. Manufactured homes are inspected at the factory to verify code compliance and must have a label attached that certifies the structure has passed inspection. A code compliant manufactured home would not pose any more ofat threat ini the Since manufactured homes are inspected at the factory, a jurisdiction loses "local control". The quality of the inspection is subject tot the manufacturer of the home and any oversight agencies and may varyi int the same waya InE Bradbury, being [mostly] in a HFHSZ, structures built or brought/moved into the city would be required to comply with the requirements of CBC Chapter 7A (or CRC 337) regarding wildfire exposure protection. Manufactured homes would have to meet these same requirements. If a home was not manufactured to meet the requirements of CBC Chapter 7A (or CRC 337), it would pose as significant threat since it would not the meet the state minimum standards for a structure in a wildfire prone area. These provisions incur more costs and would have to be ordered properly by the buyer. Thep potential forr non-WUI compliant structures being! broughti into BradburywthinaHFSZ exists and would represent an unacceptable condition. The City should provide explicit direction to buyers seeking permits regarding the Chapter 7Ar requirements and an inspection of manufactured homes within HFHSZS to confirm their compliance. NOTE: The regulations and laws governing manufactured homes are complex. Compliance with CBC Chapter 7A  20Guideline.pdf  6.  high fire hazard areai than any other structure.  local agencies' inspections may vary in quality control.  appears to ber required, but there appear to bel loopholes for units built before 2008.  12942 December 2020  DUDEK  1-6    Attachment. 1  City Provided Areas of Focused Assessment  7. Are there any contradictions between the State's desire to1 fortify high firel hazard areas through land use Our analysis indicates that there appear tol be some contradictions, although focused int the high fire hazard areas. Most of the recent State-mandated housing density regulations are related to multi-family dwellings, affordable housing and inclusionary housing. However, along with the ADU related regulations, small lot subdivision related regulations will affect single family dwelling lots and zones. Asidei from lots that can accommodate. ADUS, nearly all other housing density regulations will impact the denser urban core of cities, particularly where mass transit hubs Inc comparison, the State's effort to improve fire safetyi ini the high firel hazard areas focuses on the rural and wildland- urban interface areas. The regulations typically address defensible space, construction materials, design standards Ins some instances, there is an overlap where cities have al high housing density within al high fire hazard area. There does not appear to be any obvious contradictions between the intent of the high fire hazard area regulations and the housing density regulations. However, ini the "overlap" areas it may be challenging to comply with both sets of regulations simultaneously for areas with existing development. Furthermore, when new construction or acaitions/moditcations of existing construction are introduced int these areas, it is possible that alternative means and methods (AM&Ms), on a project by project basis, may be necessary for the project tos satisfy the intent of the regulations. This is not a desirable condition. Even though the Fire Code allows modifications to the code based on specific findings, relyingonAMA.Ms: to accommodate. ADUS is nota as sound policy as AM&Ms: should bet the exception,  and their housing density regulations?  and stops are located.  and access for both new developments and fire prevention activities for existing structures.  not the standard operating procedure.  8.  Address any climate change issues related to ADUS - morei fires, larger fires, greater risk?  Accordingt to Governor Gavin Newsom's Wildfire Strike Force (2019)1, climate change is resulting in an increasingly  dangerous wildfire threat to much of California:  Climate change has created a new wildfire reality for California. The state's fire season is now almost) yea- round. More than. 25 milliona acres of California wildlands are classified under very high or extreme fire threat. Approximately. 25 percent of the state's population - 11 million people - At the same time that our climate is changing and fueling the devastating force of wildfires, increased development in the wildland-urban interface (WUI) has placed more residents in the potential path of destruction. Today, approximately 25/ percent of the state's population (over 11 Wildfires are not only more frequent but far more devastating. Fifteen of the 20 most destructive wildfires in the state's history have occurred since 2000; ten of the most destructive fires have occurred since 2015. The results are visible to all: lives lost, grave fire  lives ini that high-risk area.  million people). lives in high fire-risk areas, including the WUI.  damage to homes and communities...  California Wildfire Strike Force. 2019. Wildfire's and Climate Change: California's Energy Future. 53 pp.  12942 December 2020  DUDEK  1-7    Attachment. 1  City Provided Areas of Focused Assessment  Among steps thatt thel Wildfire Task Force states should bet takent to reducet the wildfirei threati incidence ands severity are: Make communities more resilient by considering updating codes that govern defensible space, encouraging cost-effective hardening of homes, strengthening evacuation, encouraging other emergency, planning, andi improving land use practices to reduce the damage to life and property Reducing fire risk to these areas will require changes in how higher-risk areas are designed, planned, built, served by utilities, and allowed to grow, and will require people across the state to Deprioritize new development in areas of the most extreme fire risk. In turn, more urban and lower- risk regions ini thes state must prioritize increasing infill development and overall housing production. Developing new housing in' Very High Fire Hazard Severity. Zones presents challenges. Since: 2015, CAL FIRE has assisted local governments in land use planning. CAL FIRE is working to identify subdivisions at significant fire risk without secondary evacuation routes and to make Homeowners are encouraged to actively maintain defensible space, which is defined as a Itis critical that roads and other infrastructure be more fire defensible and evacuation ready for Prioritize Building In Less Fire-Prone. Areas: The strike force recommends that at the regional level, governments and planners incorporate CAL FIRE's fire risk projections and the fire projection information in the Adaptation Clearinghouse and Fourth Climate. Assessment into short-and long- term planning, and consider how to encourage. more urban and lower-risk regions in the state to provide an alternative for those otherwise shut out oft the state's housing market. Local General Planning: The strike force recommends that the safety element of local general plans be strengthened in high-risk areas, specifically for local governments to include fire risk projections into general ands specific plans, including through. zoning and design standards. Cost-Effective Home Retrofits: While California has stringent building standards and requirements for defensible. space, thei intensity of the wildfire threati in California now warrants higher levels offortitude. CAL FIRE should consider options to encourage cost-effective home hardening to create fire resistant. structures within the WUland with ai focus on vulnerable communities. CAL FIRE and the Department of Housing and Community Development should develop a list of low-cost retrofits that provide comprehensive fire risk reduction to protect structures from fires spreading from adjacent structures or vegetation and to prevent vegetation from spreading fires  from wildfires.  participate in the solution.  recommendations to improve access.  minimum 100-foot area around a home. Maintenance is an ongoing task.  the populations in the WUI.  toa adjacent structures.  12942 December 2020  DUDEK  1-8    Attachment. 1  City Provided Areas of Focused Assessment  Defensible Space and Forest and Rangeland Protection: Compliance and enforcement is key to ensure that defensible space standards are met. CAL FIRE should review and make  recommendations toi increase defensible space  Similarly, the California Department of Forestry and Fire Prevention (CAL FIRE) (2019)2 states:  Climate change, an epidemic of dead and dying trees, and the proliferation of new homes in the wildland urban interface (WUI) magnify the threat and place substantially more people and  property at risk than in preceding decades.  Based on California's findings regarding climate change's effects on wildfire hazards and risks and there proposed approaches to addressing it, it does not appear to be a prudent decision to allow ADUS int firel hazard severity zones without specific fire protection measures, many of which they are already recommending ini their own conclusions  and which are discussed int the Conclusions and Recommendations sections that follow.  Community Wildfire Prevention & Mitigation Report. 2019. In response to Executive Order N-05-19. 28 pp.  12942 December 2020  DUDEK  1-9    Attachment 2  Bradbury Fire Hazard Map    Attachment. 2  Bradbury General Plan Fire Hazard Map  Countye ofLos artment Angeles INCORPORATED FHSZ Fire Hazard Severity Zone City of Bradbury INDEXI PAGE Legend Fire Stations Battalion Headquarters Divisionk Headquarters VHFHSZ CityE Boundary  Tile1  Tile2  12942 December 2020  DUDEK  2-1    Attachment 3  Bradbury and Los Angeles County Code References    Attachment 3  Bradbury and Los Angeles County Code References  Bradbury Municipal Code References  BMC Sec. 9.85.020. - Definitions.  For purposes of this chapter, thet following definitions shall apply.  Accessory dwelling unit shall mean a dwelling unit that is attached, detached, or located within an existing or proposed residential dwelling which provides complete independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking and sanitation facilities on the same parcel of Junior accessory dwelling unit shall mean an accessory dwelling unit that is no more than! 500 square feet in size and contained entirely within as single-family residence. This does noti include an attached, garage or other attached  land as the residential dwelling.  accessory structure.  Primary units shall mean an existings single-family dwelling, or the larger of two proposed units. BMC Sec. 9.85.050. - Development tanardsrequremens  Accessory dwelling units. (e) Size.  (1) Attached accessory dwelling unit.  a. Maximum size. The square footage of the accessory dwelling unit shall not exceed 50%0 of the existing or proposed family dwelling or 1,200 square feet, whichever is less. Notwithstanding the foregoing, an applicant shall be entitled to build an 800 square foot accessory dwelling unit provided thati iti is no moret than 161 feeti in height with at least four- b. Minimum size. The square footage of the accessory dwelling unit shall not be less than 250 a. Maximum size/lot area less than 10,000 square feet. The square footage of the accessory dwelling unit shall not exceed 50% of the existing or proposed dwelling unit. Notwithstanding the foregoing, an applicant shall be entitled to build an 800 square foot accessory dwelling unit provided thati iti is no more than 161 feeti in height with at least four- b. Maximum size/lot area greater than 12,000 square feet. The square footage of the accessory dwelling units shall not exceed! 50% oft the existing or proposed family dwelling or 1,200 square feet, whichever is less. Notwithstanding the foregoing, an applicant shall be able to build an 800 square foot accessory dwelling unit provided that it is no more than C. Minimum size. The square footage of the accessory dwelling unit shall not be less than 400 (3) Interior accessory dwelling unit. The floor area of an interior accessory dwelling unit shall not exceed 50% of the primary structure or 800 square feet, whichever is less.  foot side and rear yard setbacks.  square feet. (2) Detached accessory dwelling.  foot side and rear yard setbacks.  161 feet in height with at leasti four-foot side and rear yard setbacks.  square feet.  12942 December 2020  DUDEK  3-1    Attachment. 3  Bradbury and Los Angeles County Code References  Sec. 9.85.050.- - Development standards/requirements-Accessony dwelling units.  (K) Fire sprinklers. Fire sprinklers shall be required ina any accessory dwelling uniti if they were required  int the primary unit.  Los Angeles County Fire Code References  701A.1-Scope.  This Chapter applies tol building materials, systems, and/or assemblies used int the exterior design and construction of new buildings, and to additions, alterations, or repairs made to existing buildings, erected, constructed, or moved within a Wildland-Urban Interface Fire Area as definedi in  Section 702A. (Ord. 2019-0056 S 4, 2019.)  701A3-Application.  New buildings, and any additions, alterations, or repairs made to existing buildings located in or moved within any Fire Hazard Severity Zone within State Responsibility Areas or any' Widland-Urban Interface Fire Area designated by the Los Angeles County Fire Department that is constructed after  the application date shall comply with the provisions of this Chapter.  12942 December 2020  DUDEK  3-2    ATTACHMENT E  FIRE HAZARD SEVERITY ZONE MAPS