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HomeMy WebLinkAboutLCPA 94-02; Affordable Housing; Local Coastal Program Amendment (LCPA) (14)PROJECT PLANNER CHRIS DE CERBO & STAFF REPORT 0 DATE: APRIL 6, 1994 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: ZCA 924 - SECOND DWELLING 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 pennit in the R-A, R-E, R-1, R-2 and R-3 zmes 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. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resodion No. 3 12 recommending APPROVAL of the Negative Declaration issued by the Planning Director, and ADOPT Planning Cominission Resolution No. 3543 recommending APPROVAL 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. 11. DISCUSSION On March 2, 1994, ZCA 92-04 was heard before the Planring Commission. After the staff presentation, public testimony and Planning Commission discussion, the Commission voted (7-0) to continue the item to April 6, 1994 to enable staff to research and respond to specific Commission concerns. These concerns included the following: 1. Proposed inclusionary housing requirements for Second Dwelling Units (in- lieu fee/deed restrictions); 2. Allowing Second Dwelling Units on single family residential lots which are less than 7,500 square feet in area; 1 -4 ZCA 92-04 - SECOND DV\,uL,A*lG UNITS ZONE CODE AMENL r;. . I' APRIL 6, 1994 PAGE 2 3. Allowing tandem parking for Second Dwelling Units; and 4. The adequacy of the City's Excess Unit Bank to accommodate the development of Second Dwelling Units. In response to these Planning Commission concerns, the following Ordinance revisions are proposed: Inclusionarv Housing Reaukements Delete the requirement for Second Dwelling Unit owners to pay the Inclusionary Housing In-Lieu Fee ($1 1,485) or deed restrict the Second Unit (rent and occupancy) as affordable to lower-income households. Instead, staff is recommending that Subsection 21.10.015(~)(3)(P) be amended to stipulate that "The maximum monthly rental rate for a second dwelling unit shall be affordable to lower-income households". This provision would not be placed as a deed restriction on the Second Dwelling Unit, nor would it be monitored or enforced by the City, except on a complaint basis. It would however require that the owner provide the City with the prospective rental rate for the Second Dwelling Unit upon application for a building permit. The unit and rental rate will be reported to the State Department of Housing and Community Development. Provided that the prospective rental rate for the unit is affordable to lower-income households, then the unit can be counted towards meeting the City's Regional Share Need for lower-income housing. Second Dwellinn Units on lots smaller than 7500 square feet in area Add new development standards to the Planned Development Chapter of the Municipal Code (Chapter 21.45) which will regulate the placement of Second Dwelling Unit structures upon lots developed with detached single family residences through a Planned Unit Development permit. Specifically, the new Second Dwelling Unit development standards proposed to be added as Section 21.45.090(~)(0)(3) include the following: 1. Second dwelling units shall be setback the same distance from the front and side property lines as the primary dwelling unit on the lot; 2. Second dwelling units shall be setback a minimum of ten feet from the rear property line; 3. Second dwelling units shall not be permitted to be located within any portion of the lot which is counted towards satisfying the recreation requirements for the primary residence; and 4. For detached second dwelling units, the distance between the primary dwelling unit and the detached second dwelling unit shall be not less than ten feet. ZCA 92-04 - SECOND DLLLING UNITS ZONE CODE AMEN. &NT APRIL 6,1994 PAGE 3 With the addition of these development standards, staff concludes that it would be difficult to achieve a detached Second Dwelling Unit upon a single family residential lot which is smaller than 7,500 square feet in area. The development of attached Second Dwelling Units on smaller single family residential lots, either through partitioning floor space within the existing structure or adding on to the existing structure (See Exhibits "A" and "B"), would however be feasible. Any proposal to develop a Second Dwelling Unit on a single family residential lot approved through a Planned Unit Development (PUD), would either have to be approved as part of the PUD or approved subsequently through an amendment to the PUD application. In either situation, the proposal would be subject to review and approval by the Planning Commission. Tandem Parkina ~ for Second Dwellinn Units As previously discussed with the Planning Commission, the existing Second Dwelling Unit parking standard, of one additional paved off-street parking space, which must be located outside of the required front, rear and sideyard setback areas, has effectively prohibited the development of Second Dwelling Units upon most single family lots within the City. The recommendation to allow Second Dwelling Unit parking requirements to be satisfied through tandem parking in the driveway of the primary residence or in the front yard setback is necessary to enable the achievement of Second Dwelling Units within the City. Based upon the finding that Second Dwelling Units would not be feasible to develop upon most single family residential lots within the City without this parking standards modification, staff does not recommend any revision to the proposed tandem parking standard for Second Dwelling Units. Adeauacv of the Citv's Excess Unit Bank to Accommodate Second Units The Planning Commission requested that staff provide them with an update of the City's Excess Unit Bank for purposes of evaluating the impact that Second Dwelling Units would have on the Bank. There currently exists around 2,000 units within the City's Excess Unit Bank. These excess units exist as a consequence of residential projects being approved at lower densities than permitted. Based upon this historical and ongoing trend (notwithstanding the City's Inclusionary mandate), staff believes that the Excess Unit Bank will be suffiaent to meet our affordable housing objectives without exceeding the Citywide and quadrant dwelling unit limitations of the Growth Management Plan. Although the General Plan specifies that any dwelling unit which is approved above the permitted density of the applicable General Plan designation shall need to come out of the Excess Unit Bank, it is important to keep in mind that not all Second Dwelling Units will need to come out of the Excess Unit Bank. For instance, residential developers proposing to satisfy their 15% inclusionary housing requirement through the development of Second Dwelling Units upon 15% of the lots of a proposed detached single family residential project would not likely require a density bonus. This conclusion is based upon an economic finding of the State Legislature, and confirmed by other jurisdictions which have ZCA 92-04 - SECOND Db. LLING UNITS ZONE CODE AMENL ./Ik"' APRIL 6,1994 considerable experience with the development of Second Dwelling Units, that Second Dwelling Units do provide affordable housing with little or no subsidy. Likewise, Second Dwelling Units approved on lots for which the permitted density is not exceeded would not have to come out of the Bank. In summary, the primary impact to the Excess Unit Bank associated with the development of Second Dwelling Units would be from single family homeowners, without an inclusionary mandate, who are pursuing the development of Second Units. There is no certainty regarding the number of units within the City's Excess Unit Bank which would be allocated for Second Dwelling Units, however, a national survey of jurisdictions that permit Second Dwelling Units concluded that, "about one Second Dwelling Unit will be created per thousand single family homes,which exist in the City, per year". Based upon this ratio, the City, which currently has around 13,000 single family homes would realize 13 Second Dwelling Units per year. ATTACHMENTS 1. Planning Commission Resolution No. 3542 2. Planning Commission Resolution No. 3543 3. Exhibits "A" and "B" 4. Staff Report, dated, March 2, 1994. cD:vd March IS, 1994 EXHIB1T "A" 6000 SF LOT 2700 SF PRIMARY UNIT 625 SF SECOND UNIT 60' ATTACHED SECOND UNIT PARTITIONING FLOOR 5' SPACE 1 I- I I I I)-- / t 5' 4 3825 SF LOT 1575 SF PRIMARY UNIT 360 SF SECOND UNIT 45' - 0 ATTACHED SECOND UNIl F ADDING ON FLOOR SPACE 5' GARAGE 5' ZONING MENTS REQ U I RE- EX1 STI N G Permitted R-A Zones R-E R-I Areas designated for single family detached du's by master plan in P-C zones REVISED Attached or Attached Detached R-A R-E R- 1 Areas designated for single family detached du's by master plan in P-C zones; lots within the RD-M zones which are developed with single family residences R-2, R-3, R-P, R-T,R-W & Detached or Attached Minimum 7,500 sq. ft. Lot Size Must comply with the minimum lot size required by the Zone ZONING MENTS EX1 STI N G REVISED REQ U I RE- Maximum Attached - 350 sq.ft. Attached or Detached - Floor Area 640 sq.ft. (Second DU) ( ! Parking One additional One additional paved off-street (covered or uncovered) parking space. Additional parking space may be provided through tandem parking (provided the garage is setback a minimum of twenty feet from the property line) or in the front yard setback. paved off-street parking space