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HomeMy WebLinkAbout1994-06-09; Housing Commission; ; SECOND DWELLING UNITSDATE: TO: FROM: SUBJECT: STAFF REPORT JUNE 9, 1994 HOUSING COMMISSION ITEM NO. 3 (New Business) Staff Person: Evan Becker HOUSING AND REDEVELOPMENT DEPARTMENT@ SECOND DWELLING UNITS: Request for approval of a recommendation to the City Council to approve various amendments to the Carlsbad Municipal Code to allow construction of second dwelling units within certain zones of the City. I. RECOMMENDATION Adopt Resolution No. 94-0010 approving a recommendation to the City Council to approve changes to the Carlsbad Municipal Code to allow for construction of second dwelling units within zones recommended by the Planning Department. II. BACKGROUND The City's approved Housing Element states that the City will examine the existing Second Dwelling Unit section of its Municipal Code to explore means of better encouraging and facilitating the development of affordable Second Dwelling Units. Second Dwelling Units can offer an additional opportunity for creating affordable housing units within Carlsbad without significantly impacting the character of predominantly single-family neighborhoods and communities. In an effort to facilitate the development of Second Dwelling Units, Planning Staff has proposed several changes/amendments to the existing code. A copy of the Planning Staff report regarding the proposed changes/amendments is attached to this report as Exhibit 2. III. ANALYSIS Consistent with the goals, objectives and programs outlined within Carlsbad's Housing Element, the proposed amendments to the Second Dwelling Unit section of the Municipal Code would: 1) provide for affordable housing opportunities for a wide variety of households, including lower income households, handicapped persons, and seniors; 2) provide affordable housing incentives and alternatives; and 3) encourage and facilitate the development of Second Dwelling Units. Second Dwelling Units Page 2 IV. SUMMARY Since there is a need in Carlsbad for a variety of housing types to meet the affordable housing needs of low and very low income households, staff supports the proposed ordinance and recommends a recommendation of approval from the Housing Commission. V. EXHIBITS 1. Housing Commission Resolution No. 94-010 approving a recommendation to the City Council to approve changes to the Carlsbad Municipal Code to allow for construction of Second Dwelling Units within certain zones of the City as recommended by the Planning Department. 2. Planning Department Staff report dated March 2, 1994. l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING COMMISSION RESOLUTION NO. 94-0010 A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO MODIFY THE DEVELOPMENT STANDARDS AND PROCESSING REQUIREMENTS FOR SECOND DWELLING UNITS IN THE RESIDENTIAL ZONES OF THE CITY. CASE NAME: SECOND DWELLING UNIT ZONE CODE AMENDMENT CASE NO.: =ZC~A~9=-2--=-04_,__ ____________ _ WHEREAS, the Housing Commission did consider amendments to various chapters of the Carlsbad Municipal Code to modify development standards and processing requirements for second dwelling units at a public meeting held on June 9, 1994, and WHEREAS, at said meeting, the Housing Commission did consider the information submitted by staff related to the proposed code amendments for Second Dwelling Units in Carlsbad. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission as follows: 1. 2. That the foregoing recitations are true and correct. That based on the information presented during the public meeting on June 9, 1994, the Housing Commission hereby recommends APPROVAL of the amendments to the Municipal Code for Second Dwelling Units in Carlsbad based on the following findings. Findings: 1. Ill In order to meet the affordable housing needs within Carlsbad, it is necessary to encourage and facilitate construction of a variety of housing types. The "Second Dwelling Unit" will provide an additional type of housing which will assist the City in meeting its affordable housing goals and objectives. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ---- HC RESOLUTION NO. 94-0010 PAGE2 Ill Ill 3. There is a shortage of decent, safe and sanitary affordable rental living accommodations within the City of Carlsbad. "Second Dwelling Units" will contribute significantly to the stock of low income rental living accommodations within Carlsbad and integration of affordable housing units into single family home communities/neighborhoods. PASSED, APPROVED AND ADOYfED at a regular meeting of the Housing Commission of the City of Carlsbad, California, held on the 9th day of June, 1994, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: EVAN BECKER Housing and Redevelopment Director ED SCARPELLI, Chairperson Housing Commission • STAPP REPORT DATE: MARCH 2, 1994 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT EXHIBIT 5 APPUC,u ION COMPLETE DATE: JANUARY 10, 1992 STAFF PLANNER: a-nus DECERBO SUBJECT: ZCA 92-04 -SECOND DWEUJNG UNITS ZONE CODE AMENDMENT - Request for approval of a Negative Declara~on 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 permit 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, 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 Resolution No. 3542 recommending APPROVAL of the Negative Declaration issued by the Planning Director, and ADOPT Planning Commission Resolution No. 3543 recommending APPROVAL of ZCA 92- 04, based on the findings contain~d 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. ll. PROJECT DESCRIP]]ON AND BACKGROUND California Government Code Sections 65852.1 and 65852.2 allow local governments to adopt an ordinance stating the conditions (standards and regulations) under which Second Dwelling Units would be permitted. In the absence of a local ordinance, the law establishes State criteria which, if met by a Second Dwelling Unit applicant, require the locality to grant a permit for the unit. Consistent with Section 65852.1 and 65852.2 of the California Government Code, the City of Carlsbad currently has an ordinance (Section 21.42.010(11) of the Carlsbad Municipal Code) which allows the development of Second ZCA 92-04 SECOND DWEWNG UNITS ZONE CODE AMENDMENT MARCH 2, 1994 PAGE 2 Dwelling Units within the R-A, R-E, R-1 and P-C zones, subject to specific conditions, and requiring the approval of a Conditional Use Permit. While the Citys existing second dwelling unit ordinance does satisfy the basic requirements of Government Code Sections 65852.1 and 65852.2, the ordinance was clearly not set up with the objective of promoting or encouraging the development of second dwelling units. Specifically, the existing second dwelling unit zoning standards which require a minimum lot size of 7500 square feet, that one additional paved off-street parking space be provided outside of the required setback areas, that the second dwelling unit be attached to the primary residence, and limits the floor area to 350 square feet and the occupancy to two people, at least one aged 60 or more, does not provide sufficient flexibility or incentive to facilitate the development of second dwelling units. Under the existing ordinance, only one permitted second dwelling unit has been developed within the City. A Second Dwelling Unit is a residential unit which is lo~ated on the same lot as a primary dwelling unit. [t provides complete, independent living facilities for one or more persons, including permanent facilities for living,. sleeping, eating, cooking and sanitation. Second Dwelling Units are also referred to as "granny flats", "accessory apartments", or "in-law apartments". Housing Program 3. 7. b (Alternative Housing) states that the City will examine the existing Second Dwelling Unit section of it's Municipal Code (Section 21.42.010(11) to explore means of better encouraging and facilitating the development of affordable Second Dwelling Units. Second Dwelling Units provide many benefits to a community which include: allowing persons who require companionship or non-specialized assistance (i.e.; the elderly or handicapped) to continue living independently in their homes; facilitating family ties between generations; making more efficient use of residentially·zoned land; and enabling homeowners with declining or fixed incomes to supplement their income. However, Second Dwelling Units also offer an excellent means for achieving affordable housing without significantly impacting the character of predominantly single-family neighborhoods and communities. Potential concerns associated with the development of second dwelling units include: (1) The change in the character of single family neighborhoods, resulting from the over-concentration of second dwelling units; (2) An increase in parking and traffic problems; and (3) An overload on public facilities. • ZCA 92-04 SECOND DWELLING UNITS ZONE CODE AMENDMENT MARCH 2, 1994 PAGE 3 These concerns, which have been addressed in the proposed ordinance revision, are discussed later in this report. The primary objective of promoting the development of Second Dwelling Units is the provision of an inexpensive affordable housing alternative. Second Dwelling Units are relatively inexpensive to develop (in comparison to conventional rental units) because they do not require additional land and infrastructure costs. Experience has demonstrated that Second Dwelling Units can provide affordable housing with little or no subsidy. Because of this, the second dwelling unit provides an affordable housing alternative which can be fully integrated into a market-rate development, and evenly distributed throughout the City. This affordable housing alternative will help the City to achieve it's lower-income housing objectives and could be extremely attractive to infill residential builders with limited indusionary requirements (in-lieu fees or 1 or 2 affordable units). Consistent with Housing Program 3.7.b., this project is a Zone Code Amendment (ZCA 92- 04) to the Carlsbad Municipal Code (Title 21, Zoning) to: (1) add a definition of a Second Dwelling Unit, (2) amend the existing requirements for the creation of Second Dwelling Units and (3) to allow the development of Second Dwelling Units through administrative permit 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. m. ANALYSIS Included below is an analysis of the major planning issues associated with each proposed revision to the City's Zoning Ordinance relating to the development of Second Dwelling Units. :l.eference can be made to Exhibit "X" to review in detail all text revisions. Planning mues 1) What is the definition of a Second Dwelling Unit? 2) What revisions to the City's Second Dwelling Unit requirements are recommended to encourage the development of Second Dwelling Units? 3) Can Second Dwelling Units be counted towards meeting the City's lower-income Regional Housing Needs? 4) Are Second Dwelling Units considered a dwelling unit under Growth Management? 5) Is the proposed Zone Code Amendment consistent with the General Plan? ZCA 92-04 SECOND DWELLING UNITS ZONE CODE AMENDMENT MARCH 2, 1994 PAGE 4 Discussion Definition of Second Dwellig Unit Although the term "Second Dwelling Unit" is included in Section 21.42.010(1 l)(A) of the Carlsbad Municipal Code, it is currently undefined. Accordingly, this term and definition is proposed to be added to Chapter 21.04 (Definitions) of the Zoning Ordinance. As proposed, a "Second Dwelling Unit" is defined as a residential dwelling unit which is attached or detached from the primary dwelling unit on a lot and which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or primary dwelling is situated. This definition is consistent with the "second dwelling unit" definition of State Law (Section 65852.2). Proposed Revisions to Second Dwelling Unit Regpirements Table "A" provides a sunuruuy of the City's existing Second Dwelling Unit requirements and revisions which are recommended to encourage/enable the development of affordable Second Dwelling Units. Each revision proposed is discussed below. Processing. Subsection 21.42.010(1 l)(A) currently allows the development of Second Dwelling Units subject to the approval of a Conditional Use Permit (CUP). The CUP requirement provides the City with considerable review authority regarding Second Dwelling Unit proposals. However, the CUP process, which requires a full public hearing, may discourage homeowners from pursuing CUP's for Second Dwelling Units within the City. This is evidenced by the fact that there exists only one legal Second Dwelling Unit in the City which has been approved through Conditional Use Permit. Additionally, the City's existing devel~pment standards do not encourage the development of second dwelling units. The City's Building Department does however estimate that there exists up to 100 other non- permitted accessory residential structures within the City which either exist as or could be converted to Second Dwelling Units. In view of this existing situation, staff is recommending that Title 21 be amended to allow Second Dwelling Units through administrative permit instead of Conditional Use Permit. This administrative permit process would provide the City with adequate oversight without unduly restricting the ability of homeowners to obtain permits. The proposed admirJstrative permit process for Second Dwelling Units would be very similar to the City's estabiished procedures for Administrative Variances (Chapter 21.51 of the Carlsbad Municipal Code) and would: (1) provide a mechanism for creating new Second Dwelling Units subject to the approval of the Planning Director, and (2) require that adequate public notice (i.e.; direct mailing to property owners within 300 feet of the proposed Second Dwelling Unit) be given for any administrative permit for a Second Dwelling Unit. ZCA 92-04 SECOND DWEWNG UNITS ZONE CODE AMENDMENT MARCH 2, 1994 PAGE 5 Staff is also recommending that a new subsection (21.45.090(p)) be added to the Planned Unit Development Chapter of the Municipal Code to allow second dwelling units within single family planned unit developments (PUD's). Second dwelling units proposed within existing single family PUD's shall be required to process an amendment to the existing PUD. All second dwelling units approved within single family PUD's processed and approved on or after the effective date of this subsection, shall be required to either be approved as part of the PUD application, or shall be approved subsequently through amendment to the PUD application. In order to mitigate the concern regarding the change in character of single family neighborhoods associated with the over concentration of second dwelling units within these neighborhoods, a provision has been incorporated into the administrative permit section (21.10.020(c)(3)(M)) which requires the Planning Director to find that such use will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in _which the property is located. Pennitted Zones. Subsection 21.42.010(11) currently allows the development of Second Dwelling Units within the R-A, R-E, R-1, and areas designated by a master plan for single-family detached dwellings in P-C zones. However, Section 65852.2(c) of State Law, relating to Local Second Unit Ordinances, specifies that no local agency shall adopt a Second Unit ordinance which totally precludes second units within single-family and multi-family zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare would result from allowing second units within single-family and multi-family zoned areas. In order to comply with this provision of State Law, Title 21 is recommended to be amended to allow the development of Second Dwelling Units on lots within the R-2 and R-3 multi-family zones which are developed with detached single family· residences. Minimum ~t Size. Subsection 21.42.010(1 l)(A)(2) currently stipulates that the minimum lot size required for the development of a Secon4 Dwelling Unit is 7,500 square feet. In order to enable Second Dwelling Units to be developed on smaller residential lots (i.e. small lot planned unit developments or undersized lots in the redevelopment area) it is recommended that the minimum lot size for the development of a Second Dwelling Unit must be the minimum lot size required by the zone. For small lot planned unit developments (PUD's), the minimum lot size would be the lots as approved in the original application for the project. The concern associated with the potential overdevelopment of smaller residential lots with Second Dwelling Units will be adequately mitigated by the overall requirement that Second Dwelling Units must comply with the height, setback, lot coverage and other development standards applicable to the underlying zone. ZCA 92-04 SECOND DWELLING UNITS ZONE CODE AMENDMENT . MARCH 2, 1994 PAGE6 Attached or Detached/Design. Subsection 21.42.010(1 l)(A)(lO) currently stipulates that a Second Dwelling Unit must be attached to the main single-family residence. To provide additional options for the development of Second Dwelling Units, this subsection is recommended to be amended to allow an attached or detached Second Dwelling Unit. However, an attached or detached Second Dwelling Unit must still meet the height, setback, lot coverage, and other development standards of the applicable residential zone and on sides adjacent to streets, maintain the appearance of a single family detached dwelling unit. Floor Area. Subsection 21.42.010(1 l)(A)(3) currently stipulates that a Second Dwelling Unit may add no more than 350 square feet of floor area to the main unit. For reference, the floor area of a typical two car garage is 400 square feet. A typical studio unit could be accommodated in 400 square feet. It is recommended that this maximum floor area standard be increased to 640 square feet. The objective. of increasing the maximum permitted floor area to 640 square feet is to enable the development of 1 bedroom Second Dwelling Units. The flexibility to produce a larger Second Dwelling Unit (which would need to comply with all of the development standards of the applicable underlying zone) would provide additional housing opportunities to other special needs groups such as single parents with children. Parking. Subsection 21.42.010(11) (A) (5) currently requires one additional paved off-street (covered or uncovered) parking space per Second Dwelling Unit. This parking space is not permitted to be located within the front, rear or sideyard setback areas required of the underlying zone. This standard has effectively prohibited the development of legal second dwelling units upon most single family residential lots within the City. The revision proposed would allow the required Second Dwelling Unit parking space to be satisfied through tandem parking in the driveway of the primary residence, provided that the garage is setback a minimum of twenty feet from the front property line, or in the front yard setback. .This parking alternative would enable the development of Second Dwelling Units within the City and provides an important economic incentive to homeowners pursuing the development of a Second Dwelling Unit. While this parking alternative may be unsightly, Second Dwelling Units would not create parking and traffic congestion problems any worse than what can occur in the legal circumstance of a l~e family with several cars (more than 2) or a communal living arrangement in which three or more unrelated individuals share a house and each has a car. Occupancy Restrictions. Subsection 21.42.0lO(ll)(A)(ll) currently stipulates that the occupancy of a Second Dwelling Unit is limited to two persons, at least one person of which is sixty years of age or older. This provision is consistent with Section 65852.1 of State law. Clearly, the City's existing Second Dwelling Unit ordinance is primarily a "Granny' housing ordinance. To ZCA 92-04 SECOND DWELLING UNITS ZONE CODE AMENDMENT MARCH 2, 1994 PAGE 7 provide housing opportunities for others (including lower-income or handicapped households), this subsection is recommended to be amended to delete any occupancy requirements. • Staff is not recommending that the occupancy of Second Dwelling Units be limited exclusively to lower-income households because this requirement would restrict the ability of this product type to serve other special needs groups. However, the requirement that Second Dwelling Units not exceed 640 square feet in floor area and comply with the development standards of the underlying zone will effectively limit the ability to achieve more than one bedroom in a Second Dwelling Unit. Currently, the average monthly rental rate for a one bedroom apartment in Carlsbad would be affordable to a two-person low- income household. Garage Conversions. Second Dwelling Units can be created by a number of different ways (i.e. adding a detached accessory structure, adding to an existing residential structure, or partitioning floor space within an existing structure). One of the most common and least expensive ways to create a Second Dwelling Unit is through the conversion of an existing garage. In fact, many of the existing non-permitted accessory residential units within the City are converted garages. With reference to this existing problem, a provision is recommended to be added to the proposed Second Dwelling Unit standards to prohibit garage conversions unless replacement garage parking is provided. Guest Living/ Accessory Living Quarters. A provision is recommended to be added to the Second Dwelling Unit standards to prohibit the development of Second Dwelling Units on a lot or parcel which has an existing guest or accessory living quarter or residential care facility. The intent of this provision is to ensure that residential lots cannot be developed with multiple accessory residential structures. However, an existing guest or accessory living quarter may be converted to a Second Dwelling Unit, subject to compliance with all Second Unit standards. Second DwelUnr Units as Lower-Income Housiga, The City's Housing Element concludes that there exists a considerable demand for housing affordable to lower-income households. The City's Housing Element specifies that the City's actual Regional Share need between July 1991 and June 1996 is 2,509 new lower- inco~e units. As discussed earlier in this report, Second Dwelling Units are cost effective to produce and provide affordable housing with little or no subsidy. Discussions with the State Department of Housing and Community Development (HCD) confirmed that new Second Dwelling Units can be counted towards meeting the City's Regional share need for lower-income housing provided that: (1) the dwelling unit provides complete independent living facilities including provisions for living, sleeping, eating, cooking and sanitation, and ZCA 92-04 SECOND DWELLING UNITS ZONE CODE AMENDMENT MARCH 2, 1994 PAGE 8 (2) the City can demonstrate that the rent charged is affordable to lower-income households. The proposed definition of a Second Dwelling Unit would meet the State criteria for a dwelling unit listed in (1) above. In addition, implementation of a proposed Rental Stock Monitoring Program (Program 1.4 of the Housing Element) by the City will provide the necessary rental rate information to enable a determination of unit affordability. Growth Management Program. California Government Code Section 65852.2 states that "a Second Dwelling Unit shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use which is consistent with the existing General Plan and zoning designations for the lot. Second Dwelling Units shall also not be considered in the application of any local ordinance, policy or program to limit residential growth." Consistent with these provisions, Second Dwelling Units would be allowed to exceed the Growth Control Point of the applicable General Plan designation. In order to comply with the Citywide and quadrant dwelling unit caps under Proposition E, all Second Dwelling Units would have to come out of the City's excess unit bank. The requirement that adequate water and sewer capacity and facilities for the second dwelling unit must be available or made available (Subsection 21.10.020(c)(3)(G)) should prevent any overburdening of facilities after a second unit is approved. Consistency with the General Plan. The Housing Element of the General Plan sets forth a goal, objective and program which are supported by the amendments of the Second Dwelling Unit section of the City's Zone Code, including the following: GOAL 3 -(Groups with Special Needs, Including Low and Moderate Income Households) Sufficient new, affordable housing opportunities in all quadrants of the City to meet the needs of groups, with special requirements, and, in particular, the needs of current lower and moderate income households and a fair share proportion of future lower and moderate income households. OBJECTIVE 3.7 -(Lower Income Development and Incentives) Provide incentives, housing type alternatives, and City initiated developments and programs for the assistance of lower-income households. PROGRAM 3.7.b -(Alternative Housing) Consider development standards for alternative housing types, such as hotels, managed living units, homeless shelters, and farm worker housing alternatives which would assist in meeting the City's share of housing for low ZCA 92-04 SECOND DWELLING UNITS ZONE CODE AMENDMENT MARCH 2, 1994 PAGE9 and very low income households. Authorize alternative housing projects through a Conditional Use Permit or Special Use Permit. The City will also examine the existing Second Dwelling Unit Section of its Municipal Code (Section 21.42.010(1 l)(A)) to explore means of better encouraging and facilitating the development of affordable second units. Consistent with the intent of this goal, objective, and program, the proposed amendments to the Second Dwelling Uni~ section of the City's Municipal Code would: 1) provide for affordable housing opportunities for a wide variety of households, including, lower-income, handicapped and senior; 2) provide affordable housing incentives and alternatives; and 3) encourage and facilitate the development of Second Dwelling Units. In that this zone code amendment implements this goal, objective and program of the City's Housing Element, it is consistent with the General Plan. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this zone code amendment, to modify the development standards and processing requirements for Second Dwelling Units, will not have a significant impact on the environment and therefore has issued a negative declaration. The environmental analysis concluded that since: (1) this zone code amendment is not associated with any specific development project; (2) will not directly result in any significant physical, biological, or human environmental impacts and (3) Second Dwelling Units are categorically exempt from CEQA pursuant to Sections 15302(a) and 15303 (a) of the CEQA guidelines, no project specific impacts are anticipated. There were no letters of comment received during the public review period for this Negative Declaration. ATTACHMENTS 1. Planning Commission Resolution No. 3542 2. Planning Commission Resolution No. 3543 3. Table "A" Summary of Second Dwelling Unit Revisions. CDO:lh AUGUST 17, 1993 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLtmON NO. 3542 A RESOLUTION OF THE PLANNING COMMISSION OF THE CI'IY OF CARLSBAD, CALIFORNIA RECOMMENDCNG APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO MODCFY THE DEVELOPMENT STANDARDS AND PROCESSING REQU[REMENTS FOR SECOND DWEWNG UNITS IN THE RESIDENTIAL ZONES OF THECl'IY. CASE NAME: CASE NO: SECOND DWELLING UNITS ZONE CODE AMENDMENT ZCA 92-04 EXHIBIT 4 WHEREAS, the Planning Commission did on the 2nd day of March, 1994, and on the 6th day of April, 1994, hold -a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) Findings: That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL of the Negative Declaration according to Exhibit "ND", dated August 19, 1993, and "PII", dated August 11, 1993, attached hereto and made a part hereof, based on the following findings: 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment. l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of April, 1994, by the following vote, to wit: AYES: NOES: Chairperson Savary, Commissioners: Schlehuber; Noble; Welshans & Hall. Commissioners: Betz & Erwin. ABSENT: None. ABSTAIN: None. ~~:r PEG vARv, Chairpe n CARLSBAD PLANNlNG COMMISSION ATIEST: :1M4o~~-MrcHAEL J.~R PLANNING DlRECTOR PC RESO NQ. 3542 -2- City of Carlsbad ■ Ad lei ,i i ei•l•ZA ·S iii, ,t§ ,i I NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Zone Code Amendment to be implemented Cirywide. PROJECT DESCRIP11ON: A Zone Code Amendment to modify the development standards and processing requirements for second dwelling units in the residential zones of the City. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Cmplementation of the California Environmental Quality Act and the Environ.mental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. Cf you have any questions, please call Chris DeCerbo in the Planning Department at (619) 438-1161, extension 4445. DATED: CASE NO: CASE NAME: AUGUST 19, 1993 ZCA 92-04 SECOND DWELLING UNITS ZCA PUBLISH DATE: AUGUST 19, 1993 CDD:lh . ~~~- Planning Director 2075 L.aa Palma• Onv• • Carlsbad, Callfomia 92009-1578 • (819) 438-1181 ENVIRONMENTAL CMPACT ASSESSMENT FORM -PART CI (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. ZCA 92-04 DATE: AUGUST 11, 1993 BACKGROUND 1. CASE NAME: SECOND DWELLING UNIT ZONE CODE AMENDMENT 2. APPLICANT: CIJY OF CARLSBAD 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 LAS PALMAS ORM CARLSBAD.CA 92009 (619) 438-1161 X 4445 4. DATE EIA FORM PART [ SUBMITTED: _.,N...,/_..A _______________ _ 5. PROJECT DESCRIPTION: A ZONE CODE AMENDMENT TO MODIFY THE DEVELOPMENT ST AND ARDS AND PROCESSJNG REQUIREMENTS FOR SECOND DWELLING UNITS CN THE RESIDENTIAL ZONES OF THE CrrY. EN\/IRONMENTAL IMPACTS ST A TE CEQA GUIDELINES, Chapter 3, Article S, section 15063 requires that the City conduct an Environmental [mpact Assessment to determine if a project may have a significant effect on the environment. The Environmental [mpact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed projec_t and provides the City with information to use as the basis for deciding whether to prepare an Environmental [mpact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will be checked to indicate this determination. • An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a sipificant effect on the environment. The project may qualify for a Negative Declaration however, if adverse impacts are mitigated_ so that ~vironmental effects can be deemed insimfflcant. These findings are shown in the checklist under the headings ''YES-sig'' and ''YES-insig" respectively. • A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under 01scussroN OF ENVIRONMENTAL EVALUATION. Panicular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. n\ PHYSICAL ENVIRONMENT WILL THE PROPOSAL D~RECTL Y OR INDIRECTLY: 1. Result in unstable earth conditions-or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. Result in or be affected by erosion of soils either on or off the site? 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? 8. Affect the quantity or quality of swface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resoun:es? 10. Use substantial amounts of fuel or energy? 11. Alter a significant ardteological, paleontological or historical site, structure or object? YES YES (sig) (insig} -2- NO _x_ ....L. ....L. ....L BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (insig) 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? 13. Introduce new species of plants into an area, or a barrier to the nonnal replenishment of existing species? _x__ 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? - 15. Affect the diversity of species, habitat or numbers of ariy species of animals (birds, land animals, all water dwelling organisms and insects? 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? . HUMAN ENVIRONMENT WILL THE PROPOSAL DCRECTL Y OR INDlR.ECTL Y: YES YES NO (sis) (imil) 17. Alter the pres4!Dt or planned land use of an area? 18. Substantially affect public utilities, schools, police, tire, emergency or other public services? HUMAN ENVIRONMENT WILL THE PROPOSAL Dl_RECTLY OR lNDCRECTL Y: YES YES NO (sig) (insig) 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? _x_ 20. [ncrease existing noise levels? _x_ 21. Produce new light or glare? _x_ 22. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? 23. Substantially alter the density of the human population of an area? - 24. Affect existing housing, or create a demand for additional housing? ....L. 25. Generate substantial additional traffic? ....L. 26. Affect existing parking facilities, or create a large demand for new parking? ....L. 27. [mpact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? • -....L. 28. · Alter waterborne, rail or air traffic? ....L. 29. Increase traffic hazards to motor vehicles, bicyclists or pedestrians? 30. Interfere with emergency response plans or emergency evacuation plans? - 31. Obstruct any scenic vista or create an aesthetically offensive public view? - 32. Affect the quality or quantity of existing recreational opportunities? - MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DCRECTL Y OR [ND[RECTL Y: YES YES NO (sig) (insig) 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population co drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate imponant examples of the major periods of California history or prehistory. 34. Does the project have the potential to achieve shon-rerm, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past. projects, the effects of other current projects, and the effects of probable future projects.) -- 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either direcdy or indirecdy? - -5- DCSCUSSION OF ENVYRONMENT AL EVALUATtON California Govemmen.t Code Section 65852.2 allows local governments ro adopt an ordinance staring the conditions (standards and regulations) under which Second Dwelling Units would be permitted. The City of Carlsbad currently has an ordinance (Section 21.42.010(11) of the Carlsbad Municipal Code) which allows the development of Second Dwelling Units within the R-A, R-E, R-1 and P-C zones, subject to specific conditions, and requiring the approval of a Conditional Use Permit. This project will amend Carlsbad's existing Second Dwelling Unit ordinance to encourage and facilitate the development of Second Dwelling Units within the City. The amendments proposed include: (1) adding a definition for a Second Dwelling Unit, (2) allowing the development of Second Dwelling Units through administrative permit in the R-A, R-E, R-1, R-2, R-3 and P-C zones and (3) modifying the existing development standards for Second Dwelling Units. This project is not a specific development, but rather an amendment to an implementing chapter of the City's Zoning Ordinance, which may affect certain future residential developments. [n that it implements, Section 65852.2 of State Law, it is deemed consistent with the General Plan. This project is also consistent with the City's Housing Element (Program 3.7.b.) in that it facilitates the development of Second Dwelling Units. Second Dwelling Units are categorically exempt from CEQA pursuant to Sections 15301(1) and 15303(a) of the CEQA guidelines. PHYSICAL ENVIRONMENT l • 4. As no site-specific project is proposed as part of this Zone Code Amendment, no changes in topography resulting in unstable earth conditions, erosion of soils, or alteration of deposition pattern will occur. No geological impacts will result from this Zone Code Amendment. 5 • 8. Cn that, no physical, site-specific development is proposed as part of this Zone Code Amendment, no impacts to air quality or climatological indices are expected. 9 • 1 O. No site-specific development is proposed with this ZCA. Therefore this Zone Code Amendment will not deplete any natural resources or. other fonn of energy. 11. This Zone Code Amendment is saicdy administtative. Aa such, no site-specific project processed pursuant to this Zone Code Amendment is proposed. Only a site-specific environmental review for a particular project could identify the existence of a significant archeological, paleontological, or historical structure or object on site. This is an administtative, non-project Zone Code Amendment, therefore, it has no impact on historical resources. BIOLOGtCAL 12 • 16. Because this Zone Code Amendment proposes no actual development, no impacts to the diversity of flora or fauna condition of ecosystems, or agricultural areas or fannlands are anticipated. -6- HUMAN ENVJRONMENT 1 7. No actual site-specific development is proposed as part of this project. This Zone Code Amendment does not directly affect land use patterns as it only establishes the guidelines and procedures under which a Second Dwelling Unit may be applied for. The Second Dwelling Unit ordinance will not directly alter the present or plaMed land use of a specific area. Pursuant to State Law (Section 65852.2) Second Dwelling Units are a permitted use and are categorically exempt from CEQA. 18 • 22. The Second Dwelling Unit Zone Code Amendment is not associated with any specific development. [t will not substantially affect utilities, schools, police, fire, emergency or other public services. The proposed program will not alter or result in the need for sewer, solid waste, hazardous waste or other systems. The proposed amendment will not increase noise levels, light or glare or deal with hazardous substances. 23 -24. The density of any residential area within the City will not be directly affected by this proposed Zone Code Amendment, since it is strictly administrative. Although a Second Dwelling Unit would be permitted within specific residential zones of the City, Second Dwelling Units would be consistent with the City's General Plan and are categorically exempt from CEQA. 25 -30. The proposed amendment will not substantially affect parking, generate substantial traffic, or alter existing transportation systems. This proposed Zone Code Amendment is not affiliated with any specific development project and will not interfere with emergency evacuation response plans or increase traffic hazards to motorists, pedestrians and bicyclists. 31. [n that no specific development is proposed with this Zone Code Amendment, no scenic vistas will be obstructed and aesthically offensive views will not be created by the implementation of the proposed Zone Code Amendment. 32. The proposed Zone Code Amendment will not affect the quality or quantity of existing recreational opportunities. 33 -36. Since this project does not propose any site specific development, and as indicated above, does not effect geological, biological, human, or· cultural resources, neither long tenn . or cumulative, no significant environmental impacts will result from this project .. -7- ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phase~ development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alternate sites for the proposed project, and g) no project alternative. Project alternatives are required when there is evidence chat the project will have a significant adverse impact on the environment and an alternative would lessen or mitigate those adverse impacts. Public Resources Code Section 21002 forbids the approval of projects with significant adverse impacts when feasible alternatives or mitigation measures can substantially lessen such impacts. A "significant effect" is defined as one which has a substantial adverse impacts. Cf the project has "NO" significant impacts than there is no substantial adverse impacts and no justification for requiring a discussion of alternatives, (There is no alternative to no substantial adverse impact). This project has no significant impacts therefore no alternatives are required. DETERMINATION (To ae·completed By The Planning Department) On the basis of this initial evaluation: .L l find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that the proposed project COULD NOT have a significant effect on the environment, because the environmental effects of the proposed project have already been considered in conjunction with previously certified environmental documents and no additional environmental review is required. Therefore, a Notice of Determination has been prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the ·project. A Conditional Negative Declaration will be proposed. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENT AL IMPACT REPORT is required. D_ate Signature Date Planning Director LIST MmGATING MEASURES {[F APPUCABLEl ATTACH MmGATION MONITORING PROGRAM np APPLICABLE) -9- APPLICANT CONCURRENCE WITH MmGATING MEASURES CD:lh THIS rs TO CERTIFY THAT ( HA VE REVTEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PLANNING COMMISSION RESOLU11ON NO. 3543 A RESOLUTION OF THE PLANNING COMMISSION OF THE CI1Y OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING VARIOUS CHAPTERS OF TITLE 21, OF THE CARLSBAD MUNICIPAL CODE, TO MODIFY THE DEVELOPMENT STANDARDS AND PROCESSING REQUIREMENTS FOR SECOND DWELLING UNITS IN THE RESIDENTIAL ZONES OF THE CI1Y. CASE NAME: CASE NO: SECOND DWELLING UNIT ZONE CODE AMENDMENT ZCA 92·04 WHEREAS, the Planning Commission did on the 2nd day of March, 1994, and on the 6th day of April, 1994, hold a duly noticed public hearing as prescribed by 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. as follows: A) B) NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA 92·04, according to Exhibit "X", dated April 6, 1994, attached hereto and made a part hereof, based on the following findings: 22 Finclinp: 23 1. 24 2. 25 26 This Zone Code Amendment implements Housing Element Program 3.7.b. This Zone Code Amendment, to modify the development standmds and processing requirements for second dwelling units, is consistent with the various elements of the General Plan. 3. This Zone Code Amendment implements State Government Code Section 65852.2. 27 28 l 2 3 4 5 6 7 8 9 10 11 12 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of April, 1994, by the following vote, to wit: AYES: NOES: Chairperson Savary, Commissioners: Schlehuber; Noble; Welshans & Hall. Commissioners: Betz & Erwin. ABSENT: None. ABSTAIN: None. CARLSBAD PLANNING COMMISSION 13 ATTEST: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~~ MICHAEL J. HOLZMi£ER Planning Director PC RESO NO. 3543 -2- A . ACHMENT 3 TABLE •A• SUMMARY OF SECOND DWELLING UNIT REVISIONS ZONING REQUIREMENTS Permitted Zones Minimum Lot Size R-A R-E R-1 EXISTING Areas designated for single family detached dus by master plan in P-C zones 7,500 sq. ft. Attached or Detached Attached R-A R-E R-1 REVISED Areas designated for single family detached dus by master plan in P-C zones • :'.'.~~!-:~::;*.:~::·:·~::..it:·:·:::;~:,'.~~-~·::··, .. J ~- Maximum Floor Area Attached • 350 sq. ft. lt--ilifi:1411:'.llffl (Second DU) Design Architecturally compatible with existing Architecturally com atible with existin single Parking Utilities (Second DU) Development Standards (Second DU) single family residence One additional paved off-strNt parking space Adequate water and HWlr capacity and faciliti11 Must mNt the height, setback, lot coverage, and other development standards applicable to the zone Garage Conversions Not Addressed Guest Living/ Not AddrllHd Accessory Living Quarters Tenure (Second DU) Tenure (Main OU) Occupancy (Second DUI Processing Rented Only Owne, must continually occupy either main or second du Number of persona -2 Occupied by at least one occupant: Senior Citizen (60 yrs or older) CUP Required • Adequate water and Hwer capacity and facilities Must meet the height, setback, lot coverage, and other development standards applicable to the zone Rented Only Owner must continually occupy either main or second du