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