Loading...
SR-101596-8-A CA:f:atty\muni\strpts\mhs\scndunts City Council Meeting 10-15-96 8A OCT f 5 1996 - Santa Monica, California TO: Mayor and City Council FROM: City Attorney SUBJECT: An Interim Ordinance of the City Council Prohibiting Second Dwelling Units in the R-l and OP-1 Zoning Districts Subject to Limited Exceptions, Clarifying the Allowance of Second Units in MUlti-Family Residential Districts and Specifying standards for Second Units INTRODUCTION At its meeting on october 8, 1996, the City Council introduced for first reading an ordinance prohibiting second dwelling units in the R-1 and OP-1 Zoning Districts subject to limited exceptions, clarifying the allowance of second units ln mUlti-family residential districts and specifying standards for second llnlts. The ordinance is now presented to the city Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Marsha Jones Moutrie, city Attorney Mary H. strobel, Deputy City Attorney 8A OCT 1 5 1996 f:atty\muni\laws\mjm\scndunts City council Meeting 10-15-96 Santa Monica, California ORDINANCE NUMBER 1866 (CCS) (City Council Series) INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROHIBITING SECOND DWELLING UNITS IN THE R-1 AND OP-1 ZONING DISTRICTS SUBJECT TO LIMITED EXCEPTIONS, CLARIFYING THE ALLOWANCE OF SECOND UNITS IN MULTI-FAMILY RESIDENTIAL DISTRICTS AND SPECIFYING STANDARDS FOR SECOND UNITS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findinas and Puroose. The city Council finds and declares: (a) Government Code Section 65852.2 establishes requirements for the adoption of municipal standards applicable to second units in single-family and multi-family zones. It provides that, within 120 days after receiving the first application for such a unit, a city may either: (1) adopt an ordinance allowing for second units subject to local standards; or (2) prohibit second units based upon findings specified in Section 65852.2. If a city fails to exercise either of these options, then state standards specified in Section 65882.2 apply. (b) A principle goal of Government Code Section 65852.2 is to ensure that all California cities make adequate provision for affordable housing. 1 (c) The City of Santa Monica fully supports this goal. The City has a long-standing commitment to the provision of affordable housing, and the city successfully effectuates this commitment through extraordinary effort manifest in varlOUS city laws, policies and programs. (d) The city's voters have adopted initiative measures which ensure the protection of affordable housing in the City. The Rent Control Charter Amendment, adopted in 1979, has as its primary purpose the protection of affordable housing. Similarly, Proposition R, adopted by the voters in 1990, mandates that thirty percent of all housing units constructed each year in the city must be affordable. (e) The City's zoning laws and policies include substantial incentives for the production of affordable housing, including height and density bonuses and reduced parking requirements. Additionally, unlike many cities' zoning laws, Santa Monica's permits some form of residential use in all of the City'S zones, including commercial and industrial. The only exception is the City's park zone, which is limited to the City's parks. (f) The City operates a number of programs which facilitate the production of affordable housing. These include loans to private, for-profit developers and owners and funding to non-profit agencies to acquire or construct housing units. (g) The City also funds many social service programs which provide emergency shelter, transitional housing and permanent and 2 supportive housing to individuals and families with very low incomes. (h) These and other laws, policies and programs have resulted in the preservation and production of an extraordinary number of affordable units within the City. The presence of these units has allowed a very substantial number of low and moderate income households to live in the City notwithstanding its prime location and high real estate values. Census data shows that sixty percent of the City's households have low or moderate incomes. ( i ) At the same time as it has worked to ensure the preservation and production of adequate affordable housing, the city has also striven to protect residents' quality of life within the city by maintaining a balance between the conflicting commun1ty needs. However, the preservation of this balance has been a difficult task because of certain unique characteristics of the City which are a function of its location and history. (j) Santa Monica is a coastal city, in a prime locatlon, bordered by the city of Los Angeles to the north, east and south. The land area of the City is small -- just 8 square miles -- and the population is approximately 90,000. Thus, the city is very dense. Moreover, the combination of an oceanside location, fine climate, and the availability of urban facilities, services and entertainments make Santa Monica an extremely desirable place to work or visit -- just as it is a very desirable place to live. Consequently, a large number of non-residents come into the City to work or recreate. On weekdays, approximately 300,000 people are 3 present within the city. On weekends, the number swells to as high as 500,000. Thus, population density and congestion both pose significant threats to the quality of life in Santa Monica. (k) The City's density is, in significant part, a function of its zoning. since 1922, a relatively large portlon of the city has been zoned mUlti-family; and a significant portion has been zoned commercial. Consequently, for many decades, a relatively small percentage of property within the City has been zoned for single family residences. Thus, there are very few neighborhoods within the City which are neither densely developed nor periodically congested. (1) The density and congestion of the City and the threat which they pose to quality of life is magnified by the lack of open space. The city has relatively little parkland; and the parks which do exist are very heavily used for a variety of purposes. These purposes include sports leagues and special events, both of which draw large crowds and generate substantial noise. The beach provides open space. However, this open space is utilized by tens and even hundreds of thousands of persons living throughout the Southern California region. Thus, very little space within the City is peaceful and quiet. (m) Even the limited portions of the city which are zoned single family experience unusual problems with noise, traffic and parking for several reasons. The hundreds of thousands of people who work in the City and visit it use the city's residential streets for travel and parking. _Additionally, tens of thousands of 4 commuters drive through the City each work day to gain access to the Santa Monica Freeway i and this number is increasing due to extensive development to the south of the city's border. These workers, visitors, and commuters impact noise levels, air quality and traffic in the city's R-1 and other residential neighborhoods. Moreover, in portions of the City, the commercial zones which run along the City's major east-west thoroughfares are adjacent to R-1 neighborhoods. The quality of residential life 1n these neighborhoods is impacted by the large numbers of persons patronizing the businesses in these zones, which include restaurants, coffee houses and night clubs. Moreover, in the R-l neighborhoods of the city, a substantial number of second units already exist. Some of these were built as "accessory units" and are not permitted for dwelling. others were simply built without permits. Many of these units have been utilized as rental units and are therefore protected under the City'S Rent Control Charter Amendment. Taken together, these factors mean that the City's single family neighborhoods are already denser, noisier, and more subject to parking and traffic problems than their zoning designations would indicate. (n) On June 18, 1996, the City received its first application for a Conditional Use Permit for a second unit on a property zoned for single family use. (0) On August 13, 1996, pursuant to the requirements of Government Code Section 65852.2, the city council directed C1ty staff to prepare an ordinance regulating second units in the R-l 5 district and directed the Planning Commission to review and comment on the proposed ordinance. In response, Staff proposed an ordinance, and the Planning Commission conducted a public hearing on the proposed ordinance on September 11, 1996. (p) The proposed ordinance, together with modifications suggested by the Planning Commission, came before the City Council at its meeting of September 24, 1996; and the Council conducted a pUblic hearing. (q) In the course of that hearing, a significant number of City residents expressed their concerns about permltting the development of additional second units in the R-1 district. Many others expressed their concern by letter. Those concerns included: increased noise, increased air pollution, security risks, the creation and exacerbation of traffic and parking problems, inordinate demand on the infrastructure of older neighborhoods which were planned and built to be R-1, and the lack of quiet, peaceful spaces in the community. A much smaller number of speakers favored allowing second units in the single family districts. At the conclusion of the hearing, the Council deliberated on the available options and directed staff to prepare an ordinance which would prohibit second units in the R-1 district only. (r) Based upon the foregoing, the City council finds that permitting the development of additional second units in the City's limited R-l districts would adversely impact the public health, safety and welfare. Such development would significantly erode the 6 quality of life for residents of R-l districts in Santa Monica. It would, among other things, exacerbate problems resulting from the City's overall density and the unusually large number of persons who work within the city, visit it for recreation, and travel thought it. These problems include noise, traffic, and a shortage of parking. Such development would also adversely affect quality of life by reducing those limited neighborhoods within the City which afford the possibility of a relatively tranquil environment and thereby serve as havens for City residents who walk, jog, and ride bicycles on their quiet streets, using the streets in much the same way as parks. (s) The city Council also finds and declares that it has been City policy to allow second units in the multi-family residential district, and permitting such units effectuates the City's and the state's policy of encouraging the development of affordable housing. (t) The purpose of this ordinance is to conform with the requirements of state law relating to second units in areas zoned for single-family and multi-family residences; to clarify the allowance of second units in some areas of the City, while protecting the character of the single family residential districts; and to provide reasonable design and development standards and procedures to foster and protect the pUblic health, saf ety , welfare and aesthet ic interests of the City. The City Council is mindful of the possibility that this ordinance may limlt housing opportunities in the region. However, in view of the many 7 City laws, policies and programs which have successfully fostered affordable housing opportunities in the city, and in V1ew of the extent and success of those efforts relative to efforts made by other cities in the region, any impact of this ordinance upon regional housing needs will likely be negligible. (u) Pursuant to the city's Zoning ordinance, further formal action is needed by both the Planning Commission and the city Council to effectuate an amendment to the Zoning Ordinance to regulate second units in accordance with the provisions of this ordinance. Should the City not adopt an ordinance prior to October 16, 1996, pursuant to state law the conditional use permit application would be automatically approved if it complied with minimal state standards. Should second units become subject to automatic approval under state law, development incompatible with the provisions of this Ordinance will occur, which would adversely affect the health, safety and welfare of the City and its citizens, as described above. (v) For these reasons, pursuant to Santa Monica Municipal Code Section 9.04.20.16.060, the City Council finds that an interim ordinance is necessary because there exists a current and immediate threat to the public health, safety, or welfare, and the automatic approval of second units incompatible with the standards of this interim ordinance would result in a threat to public health, safety, or welfare. 8 SECTION 2. Definitions. As used in this Ordinance, these words have the following definitions: (a) "Second unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons and which is located or established on the same lot on which a single family residence is located. A second unit shall contain permanent provisions for living, sleep1.ng, eating, cooking and sanitation. "Second unit" shall also include an efficiency unit, as defined in section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in section 18007 of the Health and Safety Code. (b) "Existing second unit" means a second unit which was developed prior to the effective date of this Ordinance. An existing second unit shall be considered as either "legal non- conforming," if it conformed to the standards existing at the time it was developed, or as "non-permitted," if it was developed in a manner inconsistent with the applicable standards in effect at the time of development. SECTION 3. Applicability. The provisions of this Ordinance apply to existing non-permitted second units and to the development of all new second units. Existing legal non-conforming second units may remain, subject to the provisions of Subchapter 9.04.18 of the Zoning Ordinance. 9 SECTION 4. Permitted Districts. Notwithstanding any provisions of the Municipal Code to the contrary, second units shall be permitted in all multi-family residential zoning districts subject to the requirements of section 5 below. Second units shall not be permitted in the R-l and OP-1 zoning districts, unless a hardship can be shown and the second unit meets the regulations of section 6 below. SECTION 5. Second Units in the Multi-familv Residential Zonina Districts. This Ordinance clarifies existing City practice with respect to second units in the multi-family zoning districts. Notwithstanding anything in the Municipal Code to the contrary, second units shall be allowed in the following multi-family residential zoning districts according to the following standards: (a) R2R. An attached second unit, and a detached second unit when located on a parceA containing one single family home, shall be considered a "duplex," and shall be permitted in all circumstances in which development of a duplex would be permitted, subject to compliance with the property development standards of the district. (b) R2, R3, R4, RVC, OP-Duplex, OP-2, OP-4, and R3R. A second unit shall be considered a flmulti-familyn use, and be permitted, subject to compliance with the underlying property development standards of the district in which the property is located. 10 . (c) R2B. Development of a second unit shall be considered a permitted use, subject to compliance with the property development standards of the district. (d) Parking requirements. Parking requirements for second units in mUlti-family zoning districts shall be the same as parking requirements for other multifamily dwelling units under the Zoning Ordinance. Pursuant to Government Code Section 65852.2(e), the city Council finds that tandem parking for lots greater than 30 feet in width, and parking in the front one half of the parcel, are not otherwise permitted for residential uses anywhere else in the jurisdiction. SECTION 6. Hardshin Exemntion for Second Un1ts in the R-1 and - - QE=l. A Use Permit may be granted for a second unit in the R-1 and OP-1 zoning districts if the unit is intended and used solely for occupancy by a dependent of the resident property owner or a care giver of either the property owner or a dependent of the property owner and if the owner demonstrates that substantial hardship to the owner and the occupant (s) will result from denial of the permit. Such units must also comply with the following: (a) Use Permit reauired. A Use Permit shall be required for any second unit. The Use Permit shall be processed in accordance with the provisions of Part 9.04.20.11 of the Zoning Ordinance. No Use Permit shall be granted unless the second unit complies with the provisions of this ordinance, and unless the findings required by Part 9.04.20.11 are made. A Use Permit application shall be 11 subject to the standard fee for Use Permits as set by resolution of the City Council. (b) Occupancy and sale limitations. The owner of record of the parcel shall reside on the parcel on which the second unit 1S located, in either the main dwelling unit or the second unit. A second unit may be occupied as a residential dwelling unit, and the Use Permit shall be valid only if and for so long as this condition, and the hardship requirements described in subsection (a) are satisfied. The second unit is not intended fort and shall not be offered for, sale separately from the main dwelling unit. (c) Lot size. Second units may be developed on any legal parcel of 5000 square feet or more in the R-1 and OP-1 Districts. Second units may not be developed on parcels less than 5000 square feet in area. (d) Density. Second units may be developed on parcels which contain no more than one existing single-family residence. (e) Maximum and Minimum Unit size. Second units may contain a maximum of 650 square feet of floor area and a minimum of 220 square feet of floor area. (f) Parcel coverage. The parcel coverage of the second unit shall count toward total parcel coverage. The entire parcel shall conform to the parcel coverage limitation of the R-l or Districts as applicable. OP-l (g) parkincr reauirements. For second units, one parking space per bedroom shall be required, with a minimum of one space per second unit. Tandem parking shall not be permitted unless the 12 '" parcel upon which the second unit is located is less than 30 feet in width. Parking shall not be located in the front one half of the parcel. Pursuant to Government Code Section 65852.2(e), the City Council finds that tandem parking for lots greater than 30 feet in width, and parking in the front one half of the parcel, are not otherwise permitted for residential uses anywhere else in the jurisdiction. (h) Second units attached to the main dwellina. Except as otherwise provided above, the second unit shall comply with all the property development standards for the main dwelling. (i) Detached second units. In addition to the requirements set forth above, detached second units shall comply with the following: (1) One story detached second unit in a building wh1ch is fourteen feet or less in height: The entire building in which such second unit is located shall comply with the requirements applicable to accessory structures set forth in Zoning Ordinance Section 9.04.10.02.100, subsections (a), (b), (c), (d), and (e) and with the requirements for accessory living quarters set forth in Zoning Ordinance Section 9.04.12.080, subsections (c) ,(d), and (g). (2) Detached second unit in a building which is over one story or exceeds fourteen feet in height: The entire building in which such second unit is located shall comply with the requirements applicable to accessory structures set forth ~n Zoning Ordinance Section 9.04.14.110, subsections (a), (c), (d), (e), and (g) . 13 ~ (j) Design standards. (1) The exterior design of the second unit shall be substantially compatible with that of the ma1n dwelling in terms of building forms, materials, colors, exter10r finishes and landscaping. The parcel shall retain a single-family appearance and the second unit shall be integrated into the design of the existing improvements on the property. (2) The second unit shall be clearly subordinate to the main dwelling unit on the parcel by size, location and appearance. (3) The entrance to the second unit shall not be on the front or street side yard. (4) The addresses of both units shall be displayed 1n a manner as to be clearly visible from the street. (k) Conversion of existina structures. (1) Garaae conversions. The creation of a second un1t through conversion of all or a portion of a garage shall be prohibited unless at least two parking spaces in a garage are provided for the main dwelling, in addition to the parking required by this Ordinance for the second unit, and all other provisions of this Ordinance are met. (2) Guest auarters and non-garage accessory building conversions. The creation of a second unit through conversion of all or a portion of a guest quarters or non-garage accessory building shall be allowed if parking required by this Ordinance for the second unit is provided, and all other provisions of th1s Ordinance are met. ; 14 ,. " (3) conversion of existing floor area of the main dwelling. The creation of a second unit through conversion of part of the existing floor area of the main dwelling shall be allowed, provided it does not result in the floor area of the main dwelling being less than 150% of the floor area of the second unit, or In violation of the standards of the Uniform Building Code or Unlform Housing Code. (1) Prohibition aaainst rental. The second unit shall not be rented. (m) Deed Restriction. Prior to issuance of a building permit, or in the case of an existing second unit, within 45 days following the effective date of approval of a Use Permit, the applicant shall record a deed restriction with the County Recorder in a form approved by the City Attorney setting forth the requirements of this Ordinance, including the applicable occupancy and sale restrictions. This deed restriction shall run with the land. SECTION 7. Comnliance with other laws. Except as modified by this ordinance, a second unit must meet the requirements of the Zoning ordinance, the Uniform Building Code, and all other relevant federal, state, and local requirements. SECTION 8. Fees for second units. For purposes of determining fees and other requirements, a second unit shall be 15 considered an additional unit on the parcel, and fees shall be ,. determined in accordance with Government Code section 66000. SECTION 9. Comoliance with this Ordinance bv existina non- - - oermitted second units. All existing non-permitted second units must comply with the provisions of this Ordinance. SECTION 10. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 11. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid Dr unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City council hereby declares that it would have passed this Ordinance, and each and every section, Subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared lnvalid or unconstitutional. 16 .. . SECTION 12. This Ordinance shall be of no further force or effect 45 days from its adoption, unless extended in the manner required by law. SECTION 13. This Ordinance is declared to be an Inter im Ordinance adopted pursuant to section 9.04.20.16.060 of the Zoning Ordinance. It is necessary for preserving the public health, safety, or welfare, and the reasons for its adoption are set forth in the Findings and Purpose section of this ordinance. SECTION 14. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~ MARSHA JO E MOUTRIE City Attor ey 17 .. ~~~ . , :---- / ,.r ( J Mayor Pro Tern /' .~ State of Cahforma ) County of Los i\ngeles ) 5S CIty of Santa MOllIca ) L Mana M Stewart, CIty Clerk of the Cny of Santa MOllIca. do hereby certIfy that the foregomg Ordmance No 1866 (CCS) had Its first readmg on October 8. 1996. and had Its second readmg on October 15. 1996 and was passed by the followmg vote Ayes Councll members Ebner. Genser. Greenberg. Holbrook Noes CouncIl members Abdo Abstam Councll members None Absent Councll members O'Connor. Rosenstem ATTEST '- ~~-~~ CIty Clerk UCT-12-96 SAT ~1:35 GARZA 310 392 632S ~/fJr P.01 FAUSTINO GARZA and JEANNE EISENMAN 1351 Pacific Street Santa Monica, CA 90405 {-~ . - ,. " Tel: (310) 399-0948 Fax: (310) 392-8545 October 8, 1996 Mayor and City Council Santa Monica, CA Dear Sirs and Madams: We have owned and lived in the home at the above address for the past nine years. We ha ve two children who have attended Santa Monica public schools since we moved here. Because we were out of town at the time, we were not able to attend the public hearing held on October 8th, to discuss the proposed ordinance to allow second dwelling units on R-tlots. We hereby wish to express to you our stronG opposition to any such proposal. We believe that the addition of second dwelling units to existing lots will risk the safety of the dtizens of our city, deteriorate health conditions and lower the overall standard of lh.ing in our city. More rental units will result in more traffic congestion, more traffic accidents, more parking problems, and more air and noise pollution. Additional units also lwl result in less trees and lawns and lower the attractiveness of our neighborhoods. Denser housing will probably result in lower property values. We do not believe that whatever benefits may be argued on behalf of such a proposal can justify the higher safety and health nsks and the overall degradation of our existing Hving conditions. Please add our voices to those who oppose any proposal to add second dwelling units to existing single-family lots. Sincerely, c~g~ ~nne Eisenman ~1V~6tMr----- Faustino Garza