HomeMy WebLinkAbout1984-03-06; City Council; 7372-2; Second Unit OrdinanceC LA 2 a
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ITG. 3/6/84 ZCA-158 - CITY OF CARGSBAD
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RECOMMENDED ACTION:
The Planning Commission is recomnending that the City Council introduce
Ordinance No. 74 87 , establishing provisions for second units in single family residential areas.
ITEM EXPLANATION
The City Council first heard,the second unit ordinance on May 3, 1983. Council declined to adopt the ordinance at that the and expressed concern
regarding the flexibility of the ordinance.
the possibility of including age restrictions and prohibiting detached second units.
The
The Council asked staff to look at
The propsed ordinance, attached, was revised by the staff to try and reflect these mncerns. attached units, but not detached units; which provide for a minimum age of 60
years; which limit the occupancy of the second unit to two persons; and which limit the second unit to a maximum of 350 square feet of additional floor area. Other provisions remained the same.
New provisions were added to the text i&ich will permit
At their meeting of February 8, the Planning Ccmnnission approved the second unit ordinance, but by a 4-3 vote elected to rave the qe restriction and occupancy
requirements .
FISCAL IMPACI'S
There will be no direct fiscal impact to the City of Carlsbad from the approval
of this ordinance.
The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative
Declaration, dated February 28, 1983, which was approved by the Planning
Comnission on February 8, 1984.
EXHIBITS
1. Ordinance No.
2. PC Resolution
3. PC Staff Report dated February 8, 1984
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ORD- NO. 9687
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA,AMENDING TITLE 21, CHAPTER
21.42, SECTION 21.42.010 OF THE CARLSBAD MUNICI-
PAL CODE BY THE ADDITION OF SUBSECTION (11) TO
ALLOW SECOND RESIDENTIAL DWELLING UNITS IN R-A,
R-E, R-1, AND SINGLE FAMILY DETACHED AREAS OF
P-C ZONES BY CONDITIONAL USE PERMIT
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.42, Section 21.42.
010 Carlsbad Municipal Code is amended by the addition of Subsec-
tian (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:
(A) Second dwelling units provided the followin9 requirements are met:
the main dwelling unit or the second unit. For purposes of this
subsection, ''owner" shall include a lessee of where the leasehold includes both the main dwelling and the second unit.
square feet.
square feet of floor area to the main unit.
compatible with the existing single family residence on the lot.
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 unit must meet the height, set-
back, lot coverage, and other development standards applicable to
dwellings pursuant to this title. (8) The second unit may be rented. (9) The lot upon which the second unit is locate(
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.
unit. To qualify as attached, the units must share at least one common wall.
to two people, at least one aged 60 or more.
(1) The owner of the property must occupy either
(2) The size of the lot is not less than 7500
(3) The second unit may add no more than 350
(4) The second unit shall be architecturally
(5) One additional paved off-street parking
(10) The second unit must be attached to the main
(11) Occupancy of the second unit shall be limitec
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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 6th day of March I
1984, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 20th day of March I 1984 by the
following vote, to wit:
AYES : Council Members Casler, Lewis, Kulchin and Chick
NOES : None
ABSENT: Council Member Prescott
ATTEST :
uRgd-?_? ALETHA L. RAUTENKRANZ, City Clerk
(Seal )
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PLANNING COMMISSION RESOLUTION NO. 2246
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT, AMENDING
TITLE 21, CHAPTER 21.42, SECTION 21.42.010, OF
THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF
SUBSECTION 21.42.010(10) TO ALLOW SECOND
RESIDENTIAL DWELLING UNITS IN R-A, R-E, R-1,
AND SINGLE-FAMILY DETACHED AREAS OF P-C ZONES
UPON THE GRANTING OF A CONDITIONAL USE PERMIT.
APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA-158
WHEREAS, the Planning Commisson did, on the 8th day of
February, 1984, hold a duly noticed public hearing as prescribed b
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, thl Commission recommends APPROVAL of ZCA-158 , according to
Exhibit "A", dated February 8, 1984, 1983, attached hereto and
made a part hereof, based on the following findings:
Findings :
1) That this amendment will increase the number of affordable
housing units in the city.
2) That this amendment will create residential infill in areas
where public facilities already exist.
3) That second residential units, subject to the appropriate
requirements, will not adversely affect the single-family
character of the neighborhoods.
4) That this amendment meets the requirements of the State Law
(SB 1534) pertaining to second residential units.
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Pla
s project will not cause any significant environmental acts and a Negative Declaration has been issued by the Land Planning Manager on February 28, 1983 and approved by the
nning Commission on February 8, 1984.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 8th of February, 1984, by the following vote, to wit:
AYES:
NOES :
ABSENT:
ABSTAIN:
Commissioners Rawlins, Schlehuber, Lyttleton and Farrow.
Chairman Rombotis, Commissioners Smith and Marcus.
None.
None .
JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION
4TTEST :
rlICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER
?C RES0 NO. 2246 -2-
DATE : February 8, 1984
STAFF REPORT
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT: ZCA-158 - CITY OF CARLSBAD - Amendment to the zoning
ordinance to allow second residential units (Granny
Flats) in single-family zones.
I. RECOMMENDATION
It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2246 based on the findings contained
there in.
I1 . PROJECT BACKGROUND AND DESCRIPTION
On May 3, 1983, the City Council considered adoption of a draft second unit ordinance to meet the requirements of two recently
enacted state laws. As the Commission may recall, SB 1160 and SB 1534 resulted in changes to State Planning and Zoning Law to require cities and counties to adopt some form of second unit ordinance. The bills provide very broad discretion for cities to adopt standards which are considered suitable to local
conditions.
The City Council declined to adopt the second unit standards
recommended by the Planning Commission and staff. They expressed concern that no age restriction was included, and that detached second structures, as well as attached, were allowed.
The new state law provisions (SB 1534) require that, after July
1, 1983, a city must approve or deny a second unit application within 120 days of its submittal. The law further provides that if no city ordinance has been adopted by the time this 120-day
period has expired, such application - must be approved if it
complies with the following requirements:
1) Unit for rent only (not sale).
2) Lot zoned for residential use.
3) Lot contains existing single-family dwelling.
4) Second unit must be attached to main unit.
5) Floor area increase may not exceed 10% of exist-
6) Shall conform to height, setback, lot coverage,
7) And, must comply with building codes.
ing total floor area.
and other R-1 zoning standards.
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The Land Use Planning Office received the first application for
a second unit on December 21, 1983. As such, the City has until April 19, 1984 to adopt an ordinance tailored to the needs of Carlsbad, or be subject to the State requirements. Staff has
since received a second request for a second unit.
The recommendation that went to the City Council in May included
several restrictions to the development of second units. This list of restrictions, however, did not include an age requirement, nor a requirement that all such units be attached to the main unit. Staff is now recommending that these two
requirements be included. The attached amendment to the zoning ordinance includes the following requirements:
A) The allowance for second units shall be applicable to R-A,
R-E, R-1, and P-C zones in detached single-family areas
only.
B) 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 findings required for approval of a CUP (compatibility, site adequacy, etc.) would have to be made in each case.
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 Planning Commission previously requested that for the purposes of this requirement, "owner" may include a lessee of where the lease includes both the main and second unit.
D) A maximum of two persons may occupy the second unit. All
occupants must be at least 60 years of age.
E) The size of the lot may be no less than 7500 square feet. The second unit must be attached to the main unit and may
add no more than 350 square feet of floor area to the structure.
F) The second unit must be architecturally compatible with the existing single-family residence on the lot.
G) One additional paved off-street parking space must be supplied for the second unit.
H) Adequate water and sewer capacity must be available to serve
the second unit.
I) 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.
J) The lot may not be subdivided unless in a manner whereby
7 each new lot can meet the standards of the underlying zone.
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Staff believes that these restrictions should result in an ordinance that meets the fine line between the desire to encourage affordable housing and the need to preserve the character of the single-family zones .
Carlsbad is one of the last cities in the county to adopt guidelines for second units. Staff has been in close contact
with jurisdictions which have already adopted theirs. 1 comparison of these guidelines shows that they are all very similar (except Vista and National City, which have adopted ordinances to prohibit such units altogether). The attached, staff recommended ordinance, differs from the majority of other City's ordinances in three ways; one, our fee of $100 is less than most (Santee's is highest at $2,050), two, our size limitation is smaller than most (they generally run around 600 square feet of floor area for the second unit), and three, our owner occupancy requirement allows lessees (most do not).
As a point of information, the Commission may be interested in how the two applications for second units fare subject to the recommended standards. Application number one does not meet the standards because the unit is detached from the main unit. Application number two meets all of the development standards, but the CUP compatibility finding may not be easily made since
the main unit is one in a tract of very similar houses on similar 7500 square foot lots.
As a result of this information, staff concludes that the restrictions proposed in the attached ordinance should provide a great degree of control over the construction of such units, that they are comparable with ordinances of other cities, and
that they are not conditioned so restrictively so as to defeat
the purpose of the state law.
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.
Attachments:
1) Planning Commission Resolution No. 2246
2) Exhibit "A", dated February 8, 1984 3) Environmental Documents
PJK:ad
1/24/84
-3-
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of Son Diego County
3 138 ROOSEVELT ST. P.O. BOX 248 0 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 preceding the date of publication of the
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:
NOTICE OF PUBLIC HEARING XA-lS
NOTICE IS HEREBY GIVEN that the City Council ofthe City of Carls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:W P.X on Tuesday, March 6, 1984, to consider an application for an amendment to the Zoning Ordi- nance to all& second residential units in R-A, &-E, R-1, and single family detached areu MP-C zones throughout the City. Applicant City of Carlsbad CARLSBAD CITY COUNCIL CJ February 22,1984
February 22 84 ................................. 19 ....
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I certify under penalty of perjury that the foregoing is true and correct. Executed t Ca I ba County of San Diego, State of California on tte 5L-A
day of 1
IL r-ond - Tq?
LY \\-
NOTICE OF PUBLIC HEARING
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, March 6, 1984, to consider an application for 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.
APPLICANT: City of Carlsbad
PUBLISH : February 22, 1984 CARLSBAD CITY COUNCIL
NOTICE OF PUBLIC “G
NWICE IS HEREBY GIVEN that the Planning Cmission of the City of Carlsbad will hold a public hearing at the City Council Chanhrs, 1200 Elm Avenue, Carlsbad,
California, at 7:OO p.m. on Wednesday, February 8, 1984, 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.
Those persons wishing to speak on this proposal are cordially invited to attend
the public hearing.
Office at 438-5591.
If you have any questions please call the Land Use Plannirg
CASE FILE: ZCA-158
APPLICANT: City of Carlsbad
PUBLISH: January 28, 1984
CITY OF CARLSBAD PLANNING 03MMISSION