HomeMy WebLinkAboutLCPA 94-02; Affordable Housing; Local Coastal Program Amendment (LCPA) (17),-
APPLIC"ION COMPLETE DATE:
STAFFPLANNER: CHRTSDECERBO Jn
STAFF REP0 RT
DATE: MARCH 2, 1994
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECX: 2-9 2-04 - SECOND DWELLtN G UNITS ZONE CODE AMENDMENT -
Request for approval of a Negative Declaration and an amendment to various
chapters and sections of the Carlsbad Municipal Code (Title 21) to: (1) add
a definition for Second Dwelling Unit, (2) allow the development of Second
Dwelling Units through administrative permit in the R-A, R-E, R-1, R-2 and
R-3 zones and areas designated by a master plan for single-family detached
dwellings in the P-C zones of the City, and (3) amend the requirements for
the creation of Second Dwelling Units in the R-A, R-E, R-1, R-2 and R-3
zones and areas designated by a master plan for single-family detached dwellings in the P-C zones of the City.
I. RECOMMENDA TION
That the Planning Commission ADOR Planning Commission Resolution No. 3542
recommending APPROVAL of the Negative Declaration issued by the Planning Director, and
ADOPT Planning Commission Resolution No. 3543 recommending APPROVAI, of ZCA 92-
04, based on the findings contained therein, and recommending that the City Council direct
staff to subsequently open up the six week public review period to amend the City's six
Local Coastal Program segments accordingly.
U. DESCRIPnON AND BACKGROUND
California Govcrnmcnt Code Sections 65852.1 and 65852.2 allow local governments to adopt an ordinance stating the conditions (standards and regulations) under which Second
Dwelling Units would be permitted. In the absence of a local ordinance, the law
establishes State criteria which, if met by a Second Dwelling Unit applicant, require the
locality to grant a permit for the unit. Consistent with Section 65852.1 and 65852.2 of the California Govemment Code, the City of Carlsbad currently has an ordinance (Section
21.42.010(11) of the Carlsbad Municipal Code) which allows the development of Second
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ZCA 92-04
SECOND DWELLING UNITS ZONE CODE AMENDMENT
MARCH 2,1994
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Dwelling Units within the R-A, R-E, R-1 and P-C zones, subject to specific conditions, and requiring the approval of a Conditional Use Permit.
While the City's existing second dwelling unit ordinance does satisfy the basic requirements
of Government Code Sections 65852.1 and 65852.2, the ordinance was clearly not set up
with the objective of promoting or encouraging the development of second dwelling units.
Specifically, the existing second dwelling unit zoning standards which require a minimum
lot size of 7500 square feet, that one additional paved off-street parking space be provided
outside of the required setback areas, that the second dwelling unit be attached to the primary residence, and limits the floor area to 350 square feet and the occupancy to two people, at least one aged 60 or more, does not provide sufficient flexibility or incentive to
facilitate the development of second dwelling units. Under the existing ordinance, only one
permitted second dwelling unit has been developed within the City.
A Second Dwelling Unit is a residential unit which is located on the same lot as a primary dwelling unit. It provides complete, independent living facilities for one or more persons, including permanent facilities for living, sleeping, eating, cooking and sanitation. Second
Dwelling Units are also referred to as "granny flats", "accessory apartments", or "in-law
apartments".
Housing Program 3.7.b (Alternative Housing) states that the City will examine the existing Second Dwelling Unit section of it's Municipal Code (Section 21.42.010(11) to explore
means of better encouraging and facilitating the development of affordable Second
Dwelling Units.
Second Dwelling Units provide many benefits to a community which include: allowing
persons who require companionship or non-specialized assistance (Le.; the elderly or
handicapped) to continue living independently in their homes; facilitating family ties
between generations; making more efficient use of residentially zoned land; and enabling
homeowners with declining or fixed incomes to supplement their income. However,
Second Dwelling Units also offer an excellent means for achieving affordable housing without significantly impacting the character of predominantly single-family neighborhoods
and communities.
Potential concerns associated with the development of second dwelling units include:
(1)
(2)
(3)
The change in the character of single family naghbrhoods, resulting from the over-concentration of second dwelling units;
An increase in parking and traffic problems; and
An overload on public facilities.
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ZCA 92-04
SECOND DWELLING UNITS ZONE CODE AMENDMENT
MARCH 2,1994
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These concern, which have been addressed in the proposed ordinance revision, are
discussed later in this report.
The primary objective of promoting the development of Second Dwelling Units is the
provision of an inexpensive affordable housing alternative. Second Dwelling Units are
relatively inexpensive to develop (in comparison to conventional rental units) because they
do not require additional land and infrasmrcture costs. Experience has demonstrated that
Second Dwelling Units can provide affordable housing with little or no subsidy. Because of this, the second dwelling unit provides an affordable housing alternative which can be
fully integrated into a market-rate development, and evenly distributed throughout the
City. This affordable housing alternative will help the City to achieve it's lower-income
housing objectives and could be extremely attractive to infill residential builders with
limited inclusionary requirements (in-lieu fees or 1 or 2 affordable units).
Consistent with Housing Program 3.7.b., this project is a Zone Code Amendment (ZCA 92-
04) to the Carlsbad Municipal Code (Title 21, Zoning) to: (1) add a definition of a Second Dwelling Unit, (2) amend the existing requirements for the creation of Second Dwelling
Units and (3) to allow the development of Second Dwelling Units through administrative
permit in the R-A, R-E, R-1, R-2, and R-3 zones and areas designated by a master plan for
single-family detached dwellings in the P-C zones of the City.
III. ANALYSTS
Included below is an analysis of the major planning issues associated with each proposed
revision to the City's Zoning Ordinance relating to the development of Second Dwelling
Units. Reference can be made to Exhibit 'X' to review in detail all text revisions.
1) What is the definition of a Second Dwelling Unit?
2) What revisions to the City's Second Dwelling Unit requirements are recommended
to encourage the development of Second Dwelling Units?
3) Can Second Dwelling Units be counted towards meeting the City's lower-income
Regional Housing Needs?
4) Are Second Dwelling Units considered a dwelling unit under Growth Management?
5) Is the proposed Zone Code Amendment consistent with the General Plan?
ZCA 92-04
SECOND DWELLING UNITS ZONE CODE AMENDMENT
MARCH 2,1994
PAGE 4
Discussion
Definition of Second Dwellinn Unit
Although the tern "Second Dwelling Unit" is included in Section 21.42.010( 11) (A) of the
Carlsbad Municipal Code, it is currently undefined. Accordingly, this term and definition
is proposed to be added to Chapter 21.04 (Definitions) of the Zoning Ordinance. As proposed, a "Second Dwelling Unit" is defined as a residential dwelling unit which is
attached or detached from the primary dwelling unit on a lot and which provides complete
independent living facilities for one or more persons. It shall include permanent provisions
for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family
or primary dwelling is situated. This definition is consistent with the "second dwelling
unit" definition of State Law (Section 65852.2).
PrQd Revisions to Second Dwellinn Unit Remuran ' at$
Table "A" provides a summary of the City's existing Second Dwelling Unit requirements and
revisions which are recommended to encourage/enable the development of affordable
Second Dwelling Units. Each revision proposed is discussed below.
processing.
Subsection 21.42.010(11)(A) currently allows the development of Second Dwelling Units subject to the approval of a Conditional Use Permit (CUP). The CUP requirement provides the City with considerable review authority regarding Second Dwelling Unit proposals.
However, the CUP process, which requires a full public hearing, may discourage
homeowners from pursuing CUPS for Second Dwelling Units within the City. This is evidenced by the fact that there exists only one legal Second Dwelling Unit in the City
which has been approved through Conditional Use Permit. Additionally, the Civs existing
development standards do not encourage the development of second dwelling units. The City's Building Department does however estimate that there exists up to 100 other non-
permitted accessory residential structures within the City which either exist as or could be converted to Second Dwelling Units.
In view of this dsthg situation, staff is recommending that Title 21 be amended to allow
Second Dwelling Units through administrative pennit instead of Conditional Use Permit.
This administrative permit process would provide the City with adequate oversight without
unduly restricting the ability of homeowners to obtain permits. The proposed admkistrative permit process for Second Dwelling Units would be very similar to the City's
established procedures for Administrative Variances (Chapter 21.51 of the Carlsbad
Municipal Code) and would: (1) provide a mechanism for creating new Second Dwelling
Units subject to the approval of the Planning Director, and (2) require that adequate public
notice (Le.; direct mailing to property owners within 300 feet of the proposed Second
Dwelling Unit) be given for any administrative pennit for a Second Dwelling Unit.
ZCA 92-04
SECOND DWELLING UNITS ZONE CODE AMENDMENT MARCH 2, 1994
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Staff is also recommending that a new subsection (21.45.090(p)) be added to the Planned
Unit Development Chapter of the Municipal Code to allow second dwelling units within
single family planned unit developments (PUD’s). Second dwelling units proposed within
existing single family PUD’s shall be required to process an amendment to the existing
PUD. AU second dwelling units approved within single family PUD’s processed and
approved on or after the effective date of this subsection, shall be required to either be
approved as part of the PUD application, or shall be approved subsequently through
amendment to the PUD application.
In order to mitigate the concern regarding the change in character of single family
neighborhoods associated with the over concentration of second dwelling units within these
neighborhoods, a provision has been incorporated into the administrative permit section (21.10.020(~)(3)(M)) which requires the Planning Director to find that such use will not
be materially detrimental to the public welfare or injurious to the property or
improvements in such vicinity and zone in which the property is located.
Permitted Zones. Subsection 21.42.010(11) currently allows the development of Second Dwelling Units
within the R-A, R-E, R-1, and areas designated by a master plan for single-family detached
dwellings in P-C zones. However, Section 65852.2(c) of State Law, relating to Local
Second Unit Ordinances, specifies that no local agency shall adopt a Second Unit ordinance
which totally precludes second units within single-family and multi-family zoned areas
unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on
the public health, safety, and welfare would result from allowing second units within
single-family and multi-family zoned areas. In order to comply with this provision of State
Law, Title 21 is recommended to be amended to allow the development of Second Dwelling
Units on lots within the R-2 and R-3 multi-family zones which are developed with detached
single family residences.
Minimum Lnt size
Subsection 21.42.010(11)(A)(2) currently stipulates that the minimum lot size required for the development of a Second Dwelling Unit is 7,500 square feet. In order to enable
Second Dwelling Units to be developed on smaller residential lots (Le. small lot planned
unit developments or undersized lots in the redevelopment area) it is recommended that
the minimum lot size for the development of a Second Dwelling Unit must be the minimum
lot size required by the zone. For small lot planned unit developments (PUD’s), the
minimum lot size would be the lots as approved in the original application for the project.
The concern associated with the potential overdevelopment of smaller residential lots with
Second Dwelling Units will be adequately mitigated by the overall requirement that Second Dwelling Units must comply with the height, setback, lot coverage and other development
standards applicable to the underlying zone.
ZCA 92-04
SECOND DWELLING UNITS ZONE CODE AMENDMENT MARCH 2,1994
Attached or Dccached/Den 'gn. Subsection 21.42.010(1 l)(A)(tO) currently stipulates that a Second Dwelling Unit must
be attached to the main single-family residence. To provide additional options for the
development of Second Dwelling Units, this subsection is recommended to be amended to
allow an attached or detached Second Dwelling Unit. However, an attached or detached Second Dwelling Unit must still meet the height, setback, lot coverage, and other
development standards of the applicable residential zone and on sides adjacent to streets,
maintain the appearance of a single family detached dwelling unit.
Floor Area.
Subsection 21.42.010(11)(A)(3) currently stipulates that a Second Dwelling Unit may add
no more than 350 square feet of floor area to the main unit. For reference, the floor area
of a typical two car garage is 400 square feet. A typical studio unit could be
accommodated in 400 square feet. tt is recommended that this maximum floor area standard be increased to 640 square feet. The objective of increasing the maximurn
permitted floor area to 640 square feet is to enable the development of 1 bedroom Second
Dwelling Units. The flexibility to produce a larger Second Dwelling Unit (which would
need to comply with all of the development standards of the applicable underlying zone)
would provide additional housing opportunities to other special needs groups such as single
parents with children.
Parking.
Subsection 21.42.010(11)(A)(5) currentlyrequires one additional paved off-street (covered
or uncovered) parking space per Second Dwelling Unit. This parking space is not
permitted to be located within the front, rear or sideyard setback areas required of the
underlying zone. This standard has &ectively prohibited the development of legal second
dwelling units upon most single family residential lots within the City. The revision
proposed would allow the required Second Dwelling Unit parking space to be satisfied
through tandem parking in the driveway of the primary residence, provided that the garage
is setback a minimum of twenty feet from the front property line, or in the front yard
setback. This parking alternative would enable the development of Second Dwelling Units
within the City and provides an important economic incentive to homeowners pursuing the
development of a Second Wedling Unit.
While this parking altemative may be unsightly, Second Dwelling Units would not create parking and tfaffic congestion problems any worse than what can occur in the legal
circumstance of a large family with several cars (more than 2) or a communal living arrangement in which three or more unrelated individuals share a house and each has a
Car.
occupxy ~~. Subsection 21.42.010(11)(A)(11) currently stipulates that the occupancy of a Second
Dwelling Unit is limited to two persons, at least one person of which is sixty years of age
or older. This provision is consistent with Section 65852.1 of State law. Clearly, the Citfs existing Second Dwelling Unit ordinance is primarily a "Grannf housing ordinance. To
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ZCA 92-04 SECOND DWELLING UNITS ZONE CODE AMENDMENT
MARCH 2,1994
provide housing opportunities for others (including lower-income or handicapped
households), this subsection is recommended to be amended to delete any occupancy
requirements.
Staff is not recommending that the occupancy of Second Dwelling Units be limited exclusively to lower-income households because this requirement would resmct the ability
of this product type to serve other special needs groups. However, the requirement that
Second Dwelling Units not exceed 640 square feet in floor area and comply with the
development standards of the underlying zone will effectively limit the ability to achieve
more than one bedroom in a Second Dwelling Unit. Currently, the average monthly rental
rate for a one bedroom apartment in Carlsbad would be affordable to a two-person low-
income household.
Garage ConversionS.
Second Dwelling Units can be created by a number of different ways (Le. adding a
detached accessory structure, adding to an existing residential structure, or partitioning
floor space within an existing structure). One of the most common and least expensive
ways to create a Second Dwelling Unit is through the conversion of an existing garage.
In fact, many of the existing non-permitted accessory residential units within the City are
converted garages. With reference to this existing problem, a provision is recommended
to be added to the proposed Second Dwelling Unit standards to prohibit garage conversions
unless replacement garage parking is provided.
Guest Living/Accesso~ Living Quarters.
A provision is recommended to be added to the Second Dwelling Unit standards to prohibit
the development of Second Dwelling Units on a lot or parcel which has an existing guest
or accessory living quarter or residential care facility. The intent of this provision is to
ensure that residential lots cannot be developed with multiple accessory residential
structures. However, an existing guest or accessory living quarter may be converted to a
Second Dwelling Unit, subject to compliance with all Second Unit standards.
second Dwmunits 8s Irmnr-w He
The City's Housing Element concludes that there exists a considerable demand for housing
affordable to lower-income households. The City's Housing Element specifies that the
City's actual Rcgkmal Share need between July 1991 and June 1996 is 2,509 new lower-
income units. As discussed earlier in this report, Second Dwelling Units are cost effective to produce and provide affordable housing with little or no subsidy. Discussions with the State Department of Housing and Community Development (HCD) confirmed that new
Second Dwelling Units can be counted towards meeting the Ciws Regional share need for lower-income housing provided that:
(1) the dwelling unit provides complete independent living facilities including provisions
for living, sleeping, eating, cooking and sanitation, and
ZCA 92-04 SECOND DWELLING UNITS ZONE CODE AMENDMENT
MARCH 2,1994
PAGE 8
(2) the City can demonstrate that the rent charged is affordabl households. to lower-inc me
The proposed definition of a Second Dwelling Unit would meet the State criteria for a
dwelling unit listed in (1) above. In addition, implementation of a proposed Rental Stock
Monitoring Program (Program 1.4 of the Housing Element) by the City will provide the
necessary rental rate information to enable a determination of unit affordability.
Growth Management Ronram.
California Government Code Section 65852.2 states that "a Second Dwelling Unit shall not
be considered to exceed the allowable density for the lot upon which it is located, and shall
be deemed to be a residential use which is consistent with the existing General Plan and.
zoning designations for the lot. Second Dwelling Units shall also not be considered in the application of any local ordinance, policy or program to limit residential growth."
Consistent with these provisions, Second Dwelling Units would be allowed to exceed the
Growth Control Point of the applicable General Plan designation. In order to comply with
the Citywide and quadrant dwelling unit caps under Proposition E, all Second Dwelling
Units would have to come out of the City's excess unit bank. The requirement that
adequate water and sewer capacity and facilities for the second dwelling unit must be
available or made available (Subsection 21.10.020(c)(3)(G)) should prevent any
overburdening of facilities after a second unit is approved.
Consistencv with the General Plan.
The Housing Element of the General Plan sets forth a goal, objective and program which
are supported by the amendments of the Second Dwelling Unit section of the City's Zone
Code, including the following:
GOAL 3 - (Groups with Special Needs, Including Low and Moderate Income
Households)
Sufficient new, affordable housing opportunities in all quadrants of the City
to meet the needs of groups, with special requirements, and, in particular, the needs of current lower and moderate income households and a fair share
pmportion of future lower and moderate income households.
0BJEm 3 .7 - (Lower Income Development and Incentives)
Provide incentives, housing type alternatives, and City initiated developments
and programs for the assistance of lower-income households.
PROGRAM 3 .7.b - (Alternative Housing)
Consider deveiopment standards for altemative housing types, such as hotels,
managed living units, homeless shelters, and farm worker housing alternatives which would assist in meeting the City's share of housing for low
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ZCA 92-04
SECOND DWELLING UNITS ZONE CODE AMENDMENT
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and very low income households. Authorize alternative housing projects through a Conditional Use Pennit or Special Use Pennit. The City will also
examine the existing Second Dwelling Unit Section of its Municipal Code (Section 21.42.010(11)(A)) to explore means of better encouraging and
facilitating the development of affordable second units.
Consistent with the intent of this goal, objective, and program, the proposed amendments
to the Second Dwelling Unit section of the Citfs Municipal Code would: 1) provide for affordable housing opportunities for a wide variety of households, including, lower-income, handicapped and senior; 2) provide affordable housing incentives and alternatives; and 3)
encourage and facilitate the development of Second Dwelling Units. In that this zone code
amendment implements this goal, objective and program of the Ciry's Housing Element, it
is consistent with the General Plan.
The Planning Director has determined that this zone code amendment, to modify the development standards and processing requirements for Second Dwelling Units, will not
have a significant impact on the environment and therefore has issued a negative
declaration. The environmental analysis concluded that since: (1) this zone code
amendment is not associated with any specific development project; (2) will not directly
result in any significant physical, biological, or human environmental impacts and (3)
Second Dwelling Units are categorically exempt from CEQA pursuant to Sections 15302(a)
and 15303 (a) of the CEQA guidelines, no project specific impacts are anticipated. There
were no letters of comment received during the public review period for this Negative
Declaration.
ATTACHMENTS
1.
2.
3.
Phmhg Commission Resolution No. 3542
Planning Cornmission Resolution No. 3543
Table "A" Summary of Second Dwelling Unit Revisions.
CDD:lh
AUGUST 17,1993