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Home My WebLink AboutLCPA 03-02; Second Dwelling Unit Ordinance; Local Coastal Program Amendment (LCPA) (5)FEB-06-2003 THU 15t03 1D:COASTAL COMMISSION - I TEL : 6 19767 2384 PI02 :ALIFORNIA COASTAL COMM lSSl0 N I ! Jmwy 23,2003 TO : City/County FROM; Peter Douglas, Coastal Phnncrs Executive Director SUBJECT: Coastal developmen; permit procedurcg for second units (AB 1866 (Wright)) On September 29,2002, Governor Davis signed AB 1866 (Wright), amending Oovemment Code Section 65852.2’ regsrding local govcmmcnt review of proposed second units, commonly called “in-law tmizs” or “granny flats.”2 Bcoausc the new law changes the process for second unit approvals in the coastal zone, aevcral local governments have requested clarification from the Coastal Commission regarding how these provisions should be coordinated with Coastal Act policies, This memorandum is meant to provide that clarification and make suggestions so that local govemmcntz, do not inadvertently conmvcnc Coastal Act requirements m their cfforts to comply with the new law. AB 1866 adds three new provisions to Section 65852.2 that are particularly significant for the purposes of reviewing proposed second units withul Caliiornift’s coastal zone: I) It amends Section 65852.2@) to require local gomments that adopt second unit ordinnnces to consider second unit applications received on or after July 1,2003, “miniscerially without disoretionary review or R hearing.” Gov. Code Q 658 52.2(a)(3) 2) It amends Section 65852.20s) to require local governments that haw not adopted second unit ordinances to “approve or disapprove the [second unit] application ministmially without discretionary revibw.” Gov. Coda 5 6S852.2(b)( 1). 3) It adds Section 65852.20), which provides that “[nJothing in [Section 65852.21 shall be c~~stnred ro supersede or in any way alter or lessen the effect or appiication of the California Coastal Act . . . ’ AB 1866 significantly changes one component of local government procedures regarding coastal dcvelopmcnt permits (“CDPs”) for second units, but does not change the substantive standards that apply to CDPs for second unit?* . Local govmnients I IJnlcss othcrwist specified, all statutory citations k this memorandum nrc to the California Government Cadc. permit applications to build sccond units. It does not ~ddress other provisions of AE 1866, such as changes to the “density bonus” stwture, Government Cod0 Section 65915. This nicmorirndum provides gitidance tn local governments regarding review of coastal developmt FEB-06-ZQ83 THU 16103 ID: COASTAL COMMISSION - TEL:619767 2384 P:03 .c may, depending upon thc provitrions of thc applicable certified Local Coastal Program c'LCp'3, be requircd to conduct public hearings regarding non-eppealable second units located in the coastal zone. See 14 Csl. Codc Rcgs. $8 13566,13568. Pursuant to AB 1866, local governments can no longer he required to hold public hcarings rcyatdlng second units. Thin prohibitron applies both to initial laocl revlew and any subsoqucnt 10~d appeals that may be allowed by the A,' - 64 LCP. The resttiction on public hearings, however, does not apply to the Coastal Commission itself. Tho Commission will continue to conduct public hearings on proposed second units located in areas where the Commission retains permitting junsdiction and When iocally approved CWa we appealed lo the Commission. ft fir, - AB 1866 doe8 not change any other procedures or the development standards that apply to sccond units localcd within the coastal ?me. Rather, it clarifies that all requirements of thc CwStal Act apply tn second units, aside from requirements to conduct public hearings. See Gov. Code 4 65852.2Q). Thus, for example, pbltc notice must k provided when second unit CDP applioatims are filed and members of the public must be given an opportunity to submit comments regarding the proposed development, See 14 Cal. Codc Regs. $8 13565,135680). When o second unit application is tippealable, local govcmmmts must 8till file a final local action notioe with the Commission and info- intermted p@r60llS of the procedurss for appealmg the final local action to the Commission. 14 Cnl. Code Regs. $8 13571, 13565(7). In addition, all development standards epccificd in the certified 1.0 and, where applicablo, Chapter 3 of the Coastal Act apply to second units. A local government may not issue a CDP far a second unit without first finding hut thr: proposed unit is consistcnt with the certified LCP and/or thc applicable polioies of Chapter 3 of the Coastal Act. See Pub. Res. Code 4 30604(a)-(c). .Because AB 1866 requires changes to the proccdw for reviewing CDP applications for second units, Comtnissicm staff Ddvises local govcrnmcnts with certified LCPs to submit LCP amendments revising tho proccdurcs for sccond unit CDP applications. To the extent LCP amendments implcmmt only procedural changes pursuant to the requirements of Section 65852.2, Commission staff will recommend that tho Commission approve them as de minimis T4CP amendmants purswnl to Public Resources Code Section 30514(d). f -' ' \ L, i; fiEb.ff- ! i i 2 FEB-06-2003 THU 16104 IDICOASTAL COMMISSION .- I BILL NIJMBEK: AR 18GB CHAPIXRED BILL TEXT INTRODIJCED 'BY Assembly Mmbcr Wright An act to arncnd Sections 65583.1,65852.2, and 65925 of tho Ciovemmcnt Code, relatiny to housing. *** SGC. 2. Section 65852.2 of the Government Codc is amended to read 65852.2. (u) (1) Any local agency may, by ordinance, provide for the creation of second units in single-hmily and multifnmily residential zones. Thc ordinance may do any of the following: (A) Designate areas within. tht jurisdiction of the local agency where second units may be permitted, The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy af water and Sewer services and the impact of second units on traffic flow. (B) Impose standards on second units that include, but are not limited to, parking, height, setback, lot covcTagc, architcctural rcvicw, rnaximum.gizc of a unit, and standards that prevent adverse impacts on any real property that il; Iistcd in the Cslifmia Register of Historic Places. (C) Provide that second units do not exceed the allowable density for the Iot upon which the second unit is located, and that second units are a residential use that is consistcnt with the exibting general plan.and zoning designation for the lot, proprun to limit residential powth. purwnt to this subdivision, the application shall bc considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the iwwnoe of variances or special use permits. Nothing in this paragraph may be construed to require a local government to adopt or amend an ordinance for the creation of second nib. A local agency may charge a fee to reimburse it for costs that it incurs as a result of mmdmcntsto this paragraph enacted during the 2001-02 Regular Session of the Lcgislatwc, including the costs of adopting or amending any ordinance that provides for the creation of second units. (b) (I) When a local agency which has not adopted an ordinance governing second units in accorduncc: with subdivihn (a) or (G) receivcs ,its first: application on or after July 1, 1983, for a permit pursuant to this subdivision, tho local agmcy shall accept the application and approve or disapprove the application ministerial1 without discretionary review pursuant to this subdivision receiving the application. Notwithstanding Section 6590 1 or 65906, every local agency shall grant a variance or speciol use permit for the creation of a second unit if the second unit complies with all of the, following: (2) The ordinance shall not be considered in thc application of any local ordinance, policy, or (3) When a local agmcyreccivcs its first application on or afttr July 1,2003, for a permit ' unless it adopts an ordinance in accor d ance with subdivision (a) or (c) within 120 days after (A) The unit in not intended for sale and mny bc rcntcd. (B) Thc lot is zoncd for sinylc-hmily or multifamily use. (C) The lot contains un cxisting single-family dwelling. (D) The second unit is either attached to the existing dwelling and located within the living area ofthe existing dwelling as the existing dwelling. existing living araa, Jctached from the existing dwelling and locatcd on the same lot (E) The incrensed floor area of an attached second unit shall not exceed 30 pcrccnt of the FEB-06-2003 THU 15104 1D:COASTAL COMMISSION I - TEL1619767 2394 - (F) 'fhe total area of floorspace for a detached second unit shall not exceed 1,200 square feet. (G) Requirements relaiing to hciaht, setback,,.lot coverage, architectural review, site plan (H) Loclrl building code tcquirementt-i which apply to detached dwellings, as appropriate. (I) Approval by the local hcalth officer where a private sewage disposal system is being used, if required. (2) No othct local ordinance, poky, ur rcgulatiotl $hall be the basis for the denial of a building pennit or a use pcrmit under this subdivision. (3) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed sccond mi ts on lots zoned for residmtial use which contain an existing singfe- family dwelling. No additional standards, other than those provided in this subdivision or subdivision (a), shall be utilized or imposed, except that a local agency may require an applicant for a pcrmit imud pursuant to this subdivision to be nn,oWner-occupant. (4) No changes in zoning ordinances or other ordinances or any changes in the genml plan shall be required to implement this subdivision. Any local agency may amend its zoning ordinance or general plan to incorpomtc the policies, procedures, or other provisions applicable to the creation of second units if these provisions atc consistent with the limitations of this nubdivision. (5) A second unit which conforms to thc rcquiremmts of this subdivision shall not be considered to exceed the allowable density for the lot upon which it is located. and shall be domed to bc a residentinl use which is consistent with the existing general plan and zoning designations for, the lot. The second units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (c) No local agency shall ndupt an ordinance which totally pmcludes second units within single-family or multifamily zoned nrcas unlcss the ordinance contains findings acknowledging that the ordinance my limit houiing opportunities of the region and further contains finding8 that specific adverse impacts on the public hcalth, aafety, and welfare that would result from allowing sccond wits within single-family and multifamily zoned arcas justify adapting the ordinance. (d) A local apcncy may establish minimum and maximum unit size requirements for both attached and detached second units. No minimum or maximum size for a second unit, ox size based upon a perwiltage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings which does not pmit at least an efficiency dt to be constructed in compliancc with local development standards. (e) Parking requirements for second units shall not exceed one parking space per unit or per bedroom. Additional parking may be required provided that a fmding is made ht the additions1 parking tcquirementv are directly related to the use of the second unit and are consistent with existing neighborhood standards applicable to existing dwellings. Off-street parking shall bo permitted in sctback meas in locations determined by the local agency or through mdcm parlung, unlcss specific findings nrt made that parking in setback areas or tandem parking is not feaviblc based upon specific site UT regional topographical or fire and life safety conditions, w that it is not pcmitted anywhom else in the jurisdiction. (0 Few eharged for the construction of second units shall be determined in accordance with Chaplcr 5 (commencing with Scction 66000). (g> This erction does not limit the authority of local agencies to adopt less restrictive requircments foi'the creation of second units. (h) Loca.1 agencies shall submit EL copy of the ordinances adopted pursuant to subdivision (a} or (C) to the Depamcnt oL'Housiny, and Community Development within 60 days after adoption. (i) As used in this section, the following tern mean: review, Ices, charges, and other zoning requirements generally applicable to residential construction in the zone in which the pr0perty is located. I Pi05 4 FEB-06-2003 THU 15105 ID: COASTA_L COMMISSION 1.- I* 1- 1 TEL I 619767 2384 -. (1) "Living area,'' mms the interior habitable area of P dwcllbg unit including basements and (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the game meaning as set forth in Section 655 89.5. (4) "Sccmd unit" means an attochcd or a detached residentid dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent ptnvisions for \wing, sleeping, eating, cooking, nnd sanitation on the same parcel as the single- family dwelling is situated. A second mit also inoludes the following; attic8 but does not include 8 @rage or any occesvory 6tructu~. (A) An efficiency unit, as defined in Section 17958.1 dHedth and Safety Code, @) A manufactured home, as defined in Section 18007 of the Health and Safay Code. (j) Nothing in this section shall be construed to supersede or in any way alter or lessen the cflcct or application of the California Coastal Act (Division 20 (commencing with Sootion 30000) of the Public Rcsourcos Code), except that the local government shall not be required to hold public hearings for coaatal dcvelopment permit applications for second units. PI06 ! 5