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Home My WebLink AboutLCPA 03-02; Second Dwelling Unit Ordinance; Local Coastal Program Amendment (LCPA)- - The City of Carlsbad Planning Departmeut A REPORT TO THE PLANNING COMMISSION Item No. @ P.C. AGENDA OF: MAY 21,2003 Application complete date: N/A Project Planner: Chris DeCerbo Project Engineer: N/A SUBJECT: ZCA 92-04(B)/LCPA 03-02 - SECOND DWELLING UNIT ORDINANCE AMENDMENT - A Zone Code Amendment and Local Coastal Program Amendment to revise the City’s permit process requirements and development standards for Second Dwelling Units consistent with amended State Government Code Section 65852.2. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5414 and 5415 RECOMMENDING APPROVAL of ZCA 92-04(B) and LCPA 03-02 based on the findings contained therein. 11. INTRODUCTION State Government Code Section 65852.2 was recently amended to streamline the permitting requirements for the development of second dwelIing units throughout the state. This Zone Code Amendment includes revisions to the City’s permit processing requirements and development standards for second dwelling units to comply with this new law. The proposed Zone Code Amendment is in compliance with State Government Code Section 65852.2, and the City’s General Plan and Local Coastal Program. There are no outstanding issues. 111. PROJECT DESCRIPTION AND BACKGROUND In 1994, the City Council adopted an amendment to the City’s Zone Code (ZCA 92-04) to allow second dwelling units to be developed within all single-family zones and multi-family zones (which are developed with single family residences) subject to the approval of a discretionary Minor Coastal Development permit andor an administrative Second Dwelling Unit permit by the Planning Director. This Zone Code Amendment was implemented to comply with State Government Code Section 65852.2; a State law (1990) requiring local jurisdictions to adopt second dwelling unit ordinances to encourage and enable the production of second dwelling units as an affordable housing alternative. On January 1, 2003, California Government Code Section 65852.2 was amended to streamline the permitting requirements for the development of second dwelling units throughout the state. Compliance with this revised State law necessitates amendments to the City’s Zone Code. The specific Government Code amendments and proposed Zone Code revisions include the following: -, - ZCA 92-04(B)/LCPA 03-~2 - SECOND DWELLING UNIT ORLLL\~ANCE AMENDMENT May 2 1,2003 1. 2. The amended Government Code requires local governments that have adopted second dwelling unit ordinances (as Carlsbad has) to process second dwelling unit applications received on or after July 1, 2003, as ministerial permits. A ministerial permit is a permit that is issued based upon compliance with clear development standards rather than the use of discretionary standards or judgment. A building permit is an example of a ministerial permit. Compared to a discretionary permit, a ministerial permit does not require a public hearing nor include conditions of approval. The City’s Zone Code currently requires the approval of a discretionary administrative Second Dwelling Unit permit. The Zone Code is proposed for amendment to allow second dwelling units that are proposed outside of the coastal zone to be processed through a ministerial building permit. The Zoning Ordinance is also proposed for amendment to revise all second dwelling unit development standards (which could be interpreted to be discretionary in nature) to be clear and objective ministerial standards. The new law specifies that it shall not be construed to supersede or in any way alter or lessen the affect or application of the California Coastal Act, except that the local government shall not be required to hold public hearings for Coastal Development permit applications for second dwelling units. The City’s Zone Code currently requires the approval of a Second Dwelling Unit permit as well as a Minor Coastal Development permit for second dwelling units that are proposed within the coastal zone. A Minor Coastal Development permit is an administrative permit (subject to Planning Director approval) that requires public notice and allows any public notice recipient to request an administrative public hearing before the Planning Director to discuss the second dwelling unit application. The City’s Zone Code is proposed for amendment to continue to require Minor Coastal Development permits for second dwelling units but to delete the provisions that allow for a public hearing or appeal of the Director’s decision to the Planning Commission. The City’s Zone Code is also the implementing ordinance for the City’s Local Coastal Program. Accordingly, a Local Coastal Program Amendment is being processed to ensure consistency between the amended Zone Code and the City’s Local Coastal Program. IV. ANALYSIS The recommendation for approval of this Zone Code Amendment/Local Coastal Program Amendment was developed by analyzing its compliance/consistency with: A) State Government Code Section 65852.2, B) the Carlsbad General Plan, and C) applicable Local Coastal Program policies. Reference can be made to Attachment “A” (Strikeournighlight version of amended Zone Code) or Exhibit “X” to review all text revisions in detail. 1 - ZCA 92-04(B)/LCPA 03-~2 - SECOND DWELLING UNTT ORLudANCE AMENDMENT May 2 1,2003 ELEMENT GOAL, OBJECTIVE OR PROGRAM PROPOSED Housing GOAL #3 “Sufficient new affordable The proposed Zone AMENDMENT Page 3 COMPLY Yes Government Code Section 65852.2 Element As discussed above, amended Government Code Section 65 852.2 requires local governments to process second dwelling unit applications located outside of the Coastal Zone as ministerial permits without the requirement for discretionary review or a public hearing, and second dwelling units proposed within the Coastal Zone to be processed without a public hearing. housing opportunities in all quadrants of the City to meet the needs of lower and moderate income households.” OBJECTIVE 3.1 1 - “Reduce the size of housing, thereby reducing costs and increasing affordability.” Consistent with this requirement, the Second Dwelling Unit provisions of the Zone Code (Sections 21.10.015 and 21.201.085) are proposed for amendment to permit Second Dwelling Units located outside of the Coastal Zone through a ministerial building permit (no conditions of approval or public hearing) and Second Dwelling Units located within the Coastal Zone through a building permit and a Minor Coastal Development permit, that does not require a public hearing nor allow for the appeal of the Planning Director’s decision to the Planning Commission. Subsection 21.1 0.015(12) of the Zoning Ordinance is also proposed for amendment to modify the second dwelling unit standard regarding architectural compatibility so that it is clear and objective rather than discretionary in nature. Upon the advice of the City Attorney’s Office, a new Section 21.10.1 10, Severability, is being added to ensure that the balance of the R-1 ordinance remains valid in the event that a legal challenge results in any part of the ordinance being declared invalid or unconstitutional. A. General Plan The proposed amendment to the City’s Zone Code is consistent with the General Plan as discussed in Table 1, below. Code amendment will streamline the review and approval process for second dwelling units, thereby continuing to implement the associated Housing Element goal, objective and program relating to the provision of affordable housing opportunities through the implementation of the City’s Second Dwelling Unit Ordinance. Yes Yes ZCA 92-04(B)/LCPA 03-~2 - SECOND DWELLING UNIT ORIJLL~ANCE AMENDMENT May 21,2003 Page 4 B. Local Coastal Program This proposed Zone Code Amendment is consistent with the City’s Local Coastal Program. In 1996, the California Coastal Commission approved Local Coastal Program Amendment (LCPA) 95-01, which adopted the City’s Second Dwelling Unit Ordinance as implementing zoning for the Local Coastal Program (LCP) and added affordable housing policies to the City’s six LCP segments to encourage and enable the development of affordable housing (including second dwelling units) in the Coastal Zone. Consistent with State Government Code Section 65852.2, this proposed ZCA 94-02(B)/LCPA 03-02 adds a new Zone Code Section 21.201.085, Minor Coastal Permits for Second Dwelling Units, which clarifies the permitting process (Minor Coastal Permit with no public hearing or local appeal rights) for second dwelling units in the Coastal Zone. In that ZCA 92-04(B) only modifies the permit procedures for second dwelling units proposed in the Coastal Zone and does not change the substantive review standards for second dwelling units in the Coastal Zone, it is consistent with the City’s Local Coastal Program. Correspondence from the California Coastal Commission’s Executive Director to local agencies (January 13, 2003) committed that these proposed procedural changes shall be approved by the California Coastal Commission as de minimis LCP amendments. V. ENVIRONMENTAL REVIEW This project entails the modification to the City’s permit process requirements for second dwelling units (from a discretionary permit process to a ministerial permit process) in compliance with amended Government Code Section 65852.2. Pursuant to Section 15282(i) of the California Environmental Quality Act, the adoption of an ordinance regarding. second units in a single- family or multi-family residential zone consistent with Section 65852.2 of the Government Code, is statutorily exempt from environmental review. In light of the above, a Notice of Exemption will be filed by the Planning Director upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 5414 (ZCA) 2. Planning Commission Resolution No. 54 15 (LCPA) 3. Attachment “A” - boldstrikeout ordinance