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HomeMy WebLinkAbout1983-06-07; City Council; 7372-1; Second Unit OrdinanceClTYd2~F CARLSBAD - AGENDI 'JILL dB# 7372-1 TITLE. DEW. SECOND UNIT ORDINANCE - ZCA-158 ~~0.6/7/83 DEW. HD. r'( CITY Am= CITY MOR. * RECOMMENDED ACTION: It is recommended by staff that city council: 1. Adopt Ordinance No. 9687; and 2. Instruct staff to prepare revisions to the city's sewer fee ordinance, business license tax ordinance (P.F.F.) and school fee ordinance for council adoption. ITEM EXPLANATION: City Council, at its meeting of May 17, 1983, withheld adoption of ordinance 9687 because of concern over applicability of the city's sewer fee ordinance to second units constructed under the provisions of the new ordinance. Council instwcted staff to prepare a report and return for council action. The various sections of the existing city code de.fine a housing unit as any unit which provides accommodation designed for occupancy by a single person, or one family, irrespective of the number actually occupying such accommodation. The sewer code credits each mobile home, or unit of a duplex, or unit of a motel (with kitchen), or apartment room as one EDU. Logic would, therefore, say that a second unit constructed under the provisions of the proposed ordinance would be defined as a separate housing unit and, therefore, credit for one EDU. The attached memorandum from the Utilities Director explains his position on this issue. Our research has shown that it was the intent of the State legislation that "Granny Flats" be additional living spaces attached to the main house with separate cooking facilities to accommodate one or two persons. It was intended that these units be served through the existing unit's water and sewer hookups. Concern has been expressed that if these second units are charged for sewer hookup fees, they could also be charged for school fees, public facility fees and other similar fees, thereby rais.ing the costs of the unit beyond reach. Second units constructed pursuant to Ordinance 9687 would also be subject to fees to cover plan check and building inspection. It is our recommendation that no change be made in building code sections of the Municipal Code. That is to say that second units constructed in accordance with provisions of ordinance 9687 would pay building plan check and inspection fees. Whenever we consider an ordinance such as that in question, there is always the fear that the intent of the ordinance would be abused. The obvious abuses of the second unit ordinance would be that the allowed addition would be used as rental income property and not as dwelling unit for a loved one. If it were the intent of a person to I PAGE 2 OF AB# 7372-1 have a rental unit, it is more likely that it would be detached rather than an addition to the existing R-1 unit. Detached units can cost up to $10 a square foot more to construct than additions to existing buildings. It might be concluded that if someone wanted to build a true "Granny Flat" and if the cost of the second unit were a truly limiting factor, then the choice would be to build an attached rather than a detached addition. The city could then decide to charge fees if the unit is detached but waive fees if the unit is attached. It has been discussed that we might waive all or part of the fees for second unit additions to existing R-1 development but charge fees for second unit additions to future R-1 development. To do this would create the need for a record-keeping system that would be subject to failure and, therefore, ineffective. There are obviously two opposing points of view regarding the charging of fees for second units constructed under the provisions of ordinance 9687. Experience in communities where similar ordinances have been in existence for about one year indicates that there is not significant use of the provisions of the second unit ordinance. It appears that if the city were to observe the intent of the State legislation, we would not face any significant activity. Alternatives that can be considered are: 1. Exempt all second units from all or part of the fees. 2. Exempt only attached units from all or part of the fees. 3. Charge all second units all or part of the fees. 4. Exempt second unit additions to existing R-1 development only. 5. Kill the proposed second unit ordinance and use State law. It is, therefore, our recommendation that the sewer fee ordinance (section 13.10.020), the business license tax for public facilities (section 5.09.080) and the school fees (section 21.55.070) be revised to exempt the levying of such fees to attached second units constructed under the provisions of ordinance 9687. It is further recommended that staff be instructed to observe the level of activity under ordinance 9687 for a period of one year. If such activity causes the potential for significant financial impact on the city, council may consider further revision of the city code. FISCAL IMPACT: It is estimated that each attached second unit constructed under the provisions of ordinance 9687 will result in the loss of approximately $2,000 in combined sewer fee, business license tax fee and school fees. EXHIBITS: 1. Agenda Bill #7372. 2. Memo from Director of Utilities dated May 20, 1983. 3. Memo from Land Use Planning Manager dated May 24, 1983. ,- afh - - 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