HomeMy WebLinkAbout1983-05-03; City Council; 7372; Second Unit Ordinance- -
ClpI 3F CARLSBAD - AGEND, 31LL
ZB# 7'7A
JITG. 5/3/83
IEPT. PLN
TlTLe
SECOND UNIT ORDINANCE - ZCA-158
V\ RECOM'MENDED ACTION:
It is recommended by staff that the City Council approve the
Negative Declaration issued by the Land Use Planning Manager on
February 28, 1983, and introduce Ordinance No. 9687-
ITEM EXPLANATION:
The State Legislature recently adopted SB1534 which required that
each city adopt some form.of second unit ordinance by July 1,
1983, or the State requirements will automatically go into effect
in that municipality. Essentially, a second unit ordinance is
designed to allow the construction of an additional unit (with
kitchen), either attached or detached, in a single-family resi-
dential zone. The state allows some flexibility in the require-
ments that an individual city can place on the construction of
this type of unit.
The ordinance proposed by staff includes provision for the
following: owner occupancy of one of the two units, an
additional parking space, unit size limitations depending on lot
size, application for a conditional use permit, and compatibility
with the existing residence.
ZCA-158 is an appeal by the staff as the Planning Commission was
unable to formulate a clear majority (3-3) either for or against
this proposal. The main concern of the Planning Commission was
regarding Section (A)(l) of the proposed ordinance requiring
occupancy of at least one of the units by the property owner.
For further information, please see the attached Planning
Commission staff report.
FISCAL IMPACT:
There will be no direct fiscal impact to the city created by
adoption of the proposed ordinance.
ENVIRONMENTAL REVIEW:
The Land Use Planning Manager issued a Negative Declaration for
this project on February 28, 1983, and it would require adoption
by the City Council.
EXHIBITS:
1. Ordinance No. 9687
2. Planning Commission Staff Report w/Attachments dated
April 13, 1983
3
15
2c
21
22
22
24
25
26
27
28
ORDINANCE NO. 9687
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER
21.42 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION
OF SECTION 21.42.010(11) TO ALLOW SECOND RESIDENTIAL
DETACHED AREAS OF P-C ZONES. DWELLING UNITS IN R-A, R-E, R-1, AND SINGLE FAMILY
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.42 of the
Carlsbad Municipal Code is amended by the addition of Section
21.42.010(11) to read as follows:
(11) R-A, R-E, R-1, and areas designated by a master
plan for single-family detached dwellings in P-C zones only:
requirements are met:
either the main dwelling unit or the second dwelling unit. For the purposes of this subsection, "owner" shall include a lessee
of where the leasehold includes both the main dwelling and the
second unit. Proof of occupancy must be submitted annually.
7500 square feet. On lots 7500 to 10,000 square feet in area, the second dwelling unit must be attached to the main dwelling unit and may add no more than 300 square feet of additional
floor area. On lots greater than 10,000 square feet in area,
attached or detached second units no greater than 650 square feet in floor area are permitted.
(3) The second dwelling unit shall have a
maximum of one bedroom. (4) The second dwelling unit shall be
architecturally compatible with the existing single-family residence on the lot. (5) One additional paved off-street parking
space shall be provided for the second unit. The additional parking space shall comply with the requirements of Chapter 21.44, (6) Adequate water and sewer capacity
and facilities for the second dwelling unit must be available or made available. (7) The second dwelling unit must meet the height, setback, lot coverage, and other development standards
applicable to dwellings pursuant to this title. (8) The second dwelling unit may be rented. The lot upon which the second dwelling unit is located shall not be subdivided unless each lot which would be created by the subdivision will comply with the requirements of this title and
Title 20; and further provided that all structures existing on each proposed lot will comply with the development standards applicable to each lot.
(A) Second dwelling units provided the following
(1) The owner of the property must occupy
(2) The size of the lot may be no less than
1$
2(
21
2:
21
24
2f
2E
27
2E
EFFECTIVE DATE: This Ordinance shall be effective
thirty days after its adoption and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of I
1983, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of , 1983 by
the following vote, to wit:
AYES:
NOES :
ABSENT:
MARY H. CASLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
(Seal )
.- I.
STAFF REPORT
DATE : April 13, 1983
TO: Planning Commission
FROM : Land Use Planning Office
SUBJECT: ZCA-158 - SECOND UNIT ORDINANCE
Recommend at ion
It is recommended that the Planning Commission APPROVE the
Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2100 based on the findings contained therein.
Discussion
At the March 23rd meeting, the Commission expressed some concern regarding the appropriateness of two standards staff recommended in the second unit ordinance. The first concern involved the requirement that the owner of the property must occupy either the
main unit or the second unit. Staff's rationale for this - requirement is three-fold. One, staff believes that absentee landlords are much more likely to allow the deterioration of such
units than landlords sharing the same lot. Two, the elimination of such requirement could encourage speculation, purchasing a single-fmily house or lot for the express purpose of increasing
its density, and thereby its value on the market. This could
result in a proliferation of these units in some neighborhoods so
as to essentially result in an R-2 zone. And, three,
owner-occupancy could help to fend off neighborhood objections to the creation of an apartment or duplex in the single-family
zone .
Staff recommends that the owner-occupancy requirement be included
in the second unit ordinance. As a less desirable alternative however, the following sentence could be added to Section 21.42.010(10)(A)(l);
"For the purposes of this subsection, 'owner' shall include a lessee of where the leasehold includes both the main dwelling and the second unit.''
The Comnission also expressed concern as to whether a 300 square foot addition to main units on 7500-10,000 square foot lots was
sufficient floor area for a second unit. As %he attached typical
floor plan of a second unit conversion demonstrates, a 300 square - foot addition does not preclude a much larger second unit.
.-.
Staff's rationale for this requirement is that an attached,
relatively minor addition onto main units on smaller lots, will,
from the exterior, continue to appear as a single- family
dwelling, resulting in little change to the character of the
neighborhood.
Attachments: P.C. Resolution 2100
Typical Second Unit Ordinance conversion floor plan
Staff Report w/attachments dated March 23, 1983
PJK : bw
4/7/83
-2-
7
- 1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-
-
I.
PLANNING COMMISSION RESOLUTION NO. 2100 ----- .__-I --~ -- .~-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMEMDMENT, AMENDING TITLE 21 CHAPTER 21 42, SECTION
OF SUBSECTION 21.42.010(10) TO ALLOW SECOND RESIDENTIAL
UNITS IN R-A, R-E, R-1. AND SINGLE FAMILY DETACHED AREAS
OF P-C ZONES UPON THE GRANTING OF CONDITIONAL USE PERMIT. APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA-158 -
21*42.010, OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION
-. ---
WHEREAS, the Planning Commission did, on the 23rd day of
larch, 1983 and on the 13th day of April, 1983, hold a duly notice<:
,ublic hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
:onsidering all testimony and arguments, if any, of all persons
iesiring to be heard, said Commission considered all factors
:elating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
:ommission as follows:
\) That the above rectiations are true and correct.
3) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-158, according to Exhibit
A, dated March 15 1983,- attached hereto and made a part
hereof, based on the following findings:
pi nd ings :
1) That this amendment will increase the number of affordable housing units in the city.
!) That this amendment will create residential infill in areas
where public facilities already exist.
That second residential units, subject to the appropriate requirements, will not adversely affect the single-family character of the neighborhoods.
I) That this amendment meets the requirements of the State Law (SB 1534) pertaining to second residential units.
'///
'//I
1
2
3
4
5
6
7
€3
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 26
27
28
-
5) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on February 28, 1983 and approved by the Planning Commission on April 13, 1983.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 13th day of April, 1983, by the following vote, to wit:
AYES:
NOES :
ABSENT:
ABSTAIN :
ATTEST:
MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER
PC RES0 NO. 2100 2.
CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
a
0 L U
a E %S 0 0 L E L Q ou aJ
-I- Q) n c,n
i' I!
i
!
I
I I
i
!
i
I I
4 i
I
b e.
DATE :
TO :
FROM :
SUBJECT:
I.
STAFF REPORT
March 23, 1983
Planning Commiss
L- .. 0"
on
Land Use Planning Office
ZCA-158 - CITY OF CARLSBAD - Amendment to the Zoning Ordinance to allow second residential units in single-
family zones.
RECOMMENDATION
It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and
ADOPT Resolution No. 2100 based on the findings contained therein.
11. PROJECT DESCRIPTION AND ANALYSIS
To help ease the housing shortage in California, two bills have
.--- recently been enacted which "encourage" local jurisdications to allow second residential units in single-family zones.
SB 1160 amended State Planning and Zoning Law to suggest that
cities and counties adopt an ordinance allowing second
residential units to be constructed on single-family lots. This
law suggests an age restriction to persons over 60 years, a maximum occupancy of two persons, and a maximum floor area of
640 square feet.
.-
SB 1534 makes the second unit allowance mandatory. It requires that each city and county in the state adopt some form of second
unit ordinance by July 1, 1983, or the state provisions for the
bill will go into effect in that municipality. These state
provisions would require that the city issue permits for second
units without restriction. This bill provides very broad discretion for cities to develop standards which are considered suitable to local conditions.
This bill also provides that local governments may disallow
these second units altogether if they adopt an ordinance containing findings that by allowing these units, it will limit housing opportunities for the region and it will have an adverse impact on the public health, safety and welfare. Converations with people from the state has indicated that they could think of no circumstances whereby this might happen.
(.< - \ .. * c' .I
Each local jurisdiction has the option of adding restrictions to
tailor the concept to meet the needs of their community. Staff
has grave concerns regarding haphazard and unregulated permission to double the density of single family areas. As such, staff recommends several restrictions beinq included
-
_-
this zone code amendment. They are as foliows:
The allowance for second units shall be applicable to
R-A, R-E, R-I, and P-C zones in detached single-family areas only.
A conditional use permit will be required. This permits the Planning Commission to determine the compatibility of second units on a case-by-case basis.
The owner of the property must occupy either the main unit or the second unit. The rationale for this restriction is the belief that owner occupants will
take better care of the property and fend off possible objections from neighboring properties.
The size of the lot shall be no less than 7,500 square feet. On lots that are 7500 - 10,000 square feet, the second unit must be attached to the main unit and add
no more than 300 square feet of floor area. Lots greater than 10,000 square feet may construct attached or detached second units, no larger than 650 square
feet in area.
The second unit shall have a maximum of one bedroom.
The second unit must be architecturally compatible with the existing single-family residence on the lot.
One additional paved off-street parking space must be supplied for the second unit.
Adequate water and sewer capacity must be available to
serve the second unit.
The second unit must meet the height, setback, lot
coverage, and other development standards of the underlying zone so as to maintain the single-family character of the area.
The lot may not be subdivided unless in a manner whereby each new lot can meet the standards of the
underlying zone.
Staff believes that these restrictions should result in an ordinance that meets the fine line between the desire to
character of the single-family zones. r-- encourage affordable housing and the need to preserve the
-2-
L. -.
J '1 4
I' '..
111. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project
will not have a significant impact on the environment and,
therefore, issued a Negative Declaration on February, 28, 1983.
c-
ATTACHMENTS
1) Planning Commission Resolution No. 2100
2) Exhibit "A", date March 15, 1983
PJK:bw
3/16/83
-3-
13
\
*. .* ,' .,
I
DEVELOPMENTAL
SERVICES
LAND USE PLANNING OFFICE
c-
-
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008-1999
(619) 438-5591
NEGATIVE DECLARATION
PROJECT ADDRESS/LKATION: City-wide .
PRWECT DESCRIPTION: second residential units (subject to restrictions) in single-family
zones.
Amendment to the Zoning Ordinance to allow
The City of Carlsbad has conducted an environmental review of the
dmve described project pursuant to the Guidelines for Implementation
of the California Environmental Quality Act an3 the Environmental
Protection Ordinance of the City of Carlsbad.
review, a Negative Declaration (declaration that the project will not
have a significant impact on the enviroment) is hereby issued for the
subject project.
Land Use Planning Office.
A copy of the Negative Declaration with supportive documents is on file in the Lard Use Planning Office, City Hall, 1200 Elm Avenue,
Carlsbad, CA. 92008. Comments from the public are invited. Please
submit comments in writing to the Land Use Planning Office within ten
( 10) days of date of issuance.
As a result of said -
Justification for this action is on file in the
.
D?SCED: February 28, 1983
CASE NO: ZCA-158 Iard Use Planning-Manager
APPLICANT: City of Carlsbad .
PUBLISH DATE: Mar& 5, 1983
*+ .
P
ND-4
5/81
t
RECEIVED
MAY 20, 1983
TO: ACM, DEV CITY OF CARLSBAU
Developmental Services
FROM: Director of Utilities
SEWER CONNECTION FEES/SERVICE CHARGES FOR 2ND
RESIDENTIAL UNITS
The council continued the 2nd Residential Unit Ordinance at their meeting of
May 17th for consideration of the sewer fees.
current code, Chapter 13.10.020, covers this circumstance and no changes are
necessary. Specifically, subparagraph (4) addresses the matter and quoted
ver batim:
I am of the opinion that
Each housing accommodation designed for occupancy by a single
person or one family, irrespective of the number actually occupying
such accommodation - 1.0 EDU"
11
The 1.0 EDU allocation is also stated in other subparagraphs to the
following:
Each space in a mobile home park
Each separate apartment in an apartment house
Each room in a motel with cooking facilities
Additionally, a duplex (2 dwelling units) is specified as 2.0 EDU's.
The only consideration for less than a full EDU relates to motel rooms w/o
cooking facilities which is charged at .6 EDU.
there is no kitchen.
This is based on the fact that
The latter relates to the second dwelling unit issue as I understand the only
thing that distinguishes the 2nd dwelling unit from a room addition is the
cooking facility.
It appears that allocating one EDU to each 2nd unit would be consistent with
past decisions and rationale.
is based on averages and everyone knows that there are no average people or
average homes in the world.
circumstance where the average creates an inequity, however, until such time
as we are able to meter sewer flows and charge only for capacity required, I
know of no there equitable way.
It should be noted that the computation of EDU's
It would be easy to point out a particular
However, should Council believe that the 2nd residential unit will consistently
produce less load on the sewer system than apartments, mobile homes, etc.,
we will have to make such a finding. Please advise as to the rationale you
to arrive at such a finding.
RWG: jlc
MEMORANDUM RECEIVED
CITY OF CARLSBAO
Developmental Services
DATE : May 24, 1983
TO : Ron Beckman
FROM : Michael Holzmiller
SUBJECT: Construction fees
The following fees are required prior to the construction of new
"dwelling units". How these fees relate to second residential
units or "granny flats" are not yet clear. They follow in
general descending order of cost.
Sewer Fee - $1,000.00 per dwelling unit. If it is felt that
this amount should not be charged for "granny flat" units,
section 13.10.020 (C)(4) will have to be revised.
Business License Tax On New Construction (P.F.F.)-
2% of assessed valuation. Any revisions would involve
section 5.09.080 (4). It is estimated that for "Granny Flat"
units, this cost would be approximately $500-$600.
School Fees - $302-$500 - Presently, these fees are only
collected in the San Dieguito and Encinitas School
Districts. Section 21.55.070 (C) pertains to such "dwelling
units".
Plan Check & Building Permit Fee - $300-$350. Revisions to
affect "granny flats" would be required to section 18.04.020
of municipal code.
Additional fees such as electrical, plumbing, or mechanical
inspection fees are relatively minor ($30 or less). Two
additional fees would generally not affect "granny flat" units.
They are park in Lieu Fees which are only collected on property
that is being subdivided, or that which has been subdivided
after January 1983, and drainage fees which are only collected
if subdivided.
Attached are municipal code sections relating to above fees.
MJH/ P J K/mw
5/24/83
APRIL 14, 1983
TO : LEE RAUTENKRANZ, CITY CLERK
FROM : Land Use Planning Manager
REQUEST FOR APPEAL - ZC-158
Due to a tie vote (3-3) at two consecutive meetings, ZC-158; the
Second Unit Ordinance, was deemed denied by the Planning Commission. A denial of a zone code amendment by the Planning Commission is final unless appealed to the City Council.
Therefore, it is hereby requested that the denial of ZC-158 be appealed to the City Council and be set for public hearing at the
Council meeting of May 3, 1983.
Submitted By:
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of Son Diego County
3 138 ROOSEVELT ST. 0 P.O. BOX 248 CARLSBAD, CA 92008 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss,
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next Drecedina the date of publication of the
NOTICE OF PUBLIC HEARING APPEALZCA4S8 -. -~
P-C zonea throughout the City. Applicant City of Carlabad
CJ W318: April 20, lga3 CARLSBAD CITY COUNCIL
- notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
........... ...... hplril. 2Q.. .. 19.83.
................................. 19 ....
................................. 19 ....
............................... 19 ....
................................. 19..
I certify under penalty of perjury that the foregoing is true
and correct. Executed at Carlsbad County of San Diego,
State of California on P 0th
day of :qAcril 1%3
--xkLLLQ 4-c QdI.-/
Clerk of thgPrinter
NOTICE OF PUBLIC HEARING
APPEAL ZCA-158
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue,
Carlsbad, California, at 6:OO P.M., on Tuesday, May 3, 1983, to consider an appeal of a Planning Commission denial of an application for an
amendment to the Zoning Ordinance to allow second residential units in
R-A, R-E, and R-1, and single family detached areas of P-C zones through- out the City.
APPELLANT: City of Carlsbad
PUBLISH : April 20, 1983 CARLSBAD CITY COUNCIL
^. Y .’ - NOTICE OF PUBLIC HEARING
V NOTICE IS HEREBY GIVEN hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad,
California, at 7:OO p.m. on Wednesday, March 23, 1983, to consider approval of an amendment to the Zoning Ordinance to allow second residential units in R-A,
R-E, R-1, and single family detached areas of P-C zones throughout the city.
the Planning Commission of tu City of Carlsbad will
Those persons wishi the public hearing.
Office at 438-5591.
.ng to speak on this proposal are cordially invited to attend
If you have any questions please call the Land Use Planning
CASE FILE: ZCA- 1 58
APPLICANT : CITY OF CARLSBAD PUBLISH : March 12, 1983
CITY OF CARLSBAD PLANNING COMSSION
I