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HomeMy WebLinkAbout1984-03-06; City Council; 7372-2; Second Unit OrdinanceC LA 2 a -3 n n co I LD I M U 2 9 6 a 2 0 z 3 0 0 ,6# z372 2. TITLE SECOND UNIT ORDINANCE ITG. 3/6/84 ZCA-158 - CITY OF CARGSBAD d IEPT. PLN ClT" OF CARLSBAD - AGEND-BILL DEPT. HD. )t9k! CITY AllY-6~ CITY MGR.~?' 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 I .I 1 2 3 4 5 6 7 8 9 10 11 3 18 19 20 21 22 23 24 25 26 27 28 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 2 .. I 4 I 2 z 4 f € 'i E S 1c 13 k u 18 19 20 21 22 23 24 25 26 27 28 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 ) .1 I' I 2 2 4 5 € 7 E s IC 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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. //// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 2: 24 22 26 27 2e 5 Th i imp Use 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. ' ,* .. 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. - 2- 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 .... ................................. 19 .... ................................. 19 .... ................................. 19 .... ................................. 19 .... 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