Loading...
SR-092496-8APCD•DKW•f.\plan\share\council\strpt\secupc2.wpd City Council Mtg September 24, 1996 Santa Monica, California sE~ z ~ ~sr TO. Mayo' and City Council rROM: City Planning Staff SUBJECT: Recommendation to Adopt Urgency Ordinance Allowing Second Units in the R1 Single Family Residential District By Use Permit, Pursuant to the Provisions of State Law INTRODUCTION This report recommends that the City Council adopt an urgency ordinance (Exhibit A~ which would allow the development of "second dwelling units" in the R1 Single Family Residential District. On August 13, 7995, the Council directed staff to prepare a draft ordinance and requested the Planning Commission to review and comment on the matter. The Planning Commission conducted a public hearing on the matter on September 11, 1996 The Commission's recommendations are summarized below BACKGROUN7 The State of California mandates that cities take specific action related to second dwelling units in single family zones once a conditional use permit application has been filed for such a unit. Such an application has been filed. Under State law, the City has only three options: sEP ~ 4 ~~~ 1. Approve or disapprove the application according to e standards of State law; 2. Adopt an ordinance providing for such units according to locally developed standards, ar 3. Adopt an ordinance precluding such units containing findings regarding specific adverse impacts which would be created by allowing such units On August 13, 1996, the City Council conducted a public hearing on the issue of State of California mandates relating to second units in the single family (R1} district. The attached August 13 Council staff repoxt (Exhibit D} provides extensive background on this issue. The City Council unanimously directed staff to prepare a draft ordinance far review and comment by the Planning Commiss zcn Staff developed recommendations on second unit regulations ar_d presented those recommendations to the Planning Commission on September 11, 1996. The Planning Commission recommended a number of changes to the staff recommendations, some of which are supported by staff. In order to provide the Council with maximum flexibility, staff`s original recommendation zs presented in the proposed ordinance, attached as Exhibit "A", and alternative language reflecting the Commission's recommendations are presented in Attachment B. The Council has the option of accepting ether recommendation when adopting the ordinance. Probosed Ordnance Pursuant to Council direction, the attached ordinance would create local standards for development of second units which are consistent wath the restrictions of State law. The proposed ordinance is attached as Exhibit A. The ordinance would: o Define second units and related terms. o Prohibit separate sale of the second unit. o Require a deed restriction settang forth the restrictions for approved second units. o Require a use permit for the establishment of any second unit. o Set development standards for second units. Second units attached to the main dwelling would be subject to the development standards applicable to the main dwelling. For detached second units, there are two proposed sets of development standards, one for one story structures and one for two story structures The proposed standards are based on the existing code standards that apply to one story accessory living quarters (except for the rear yard requirements which are the same as the one story accessary building requirements) and two story accessory buildings o Establish a minimum and maximum unit size for the seccr~d unit The minimum size of 220 square feet is the minimum size allowed under the Uniform Housing Code for efficiency units and the maximum size of 65D square feet ~s an appropriate minimum size for a one bedroom apartment and is consistent with the maximum size currently allowed for one and two story accessory buildings. o Establish parking standards for the second units. As proposed, one space per bedroom would be req'aired for any second unit o Occupancy limitations would be imposed to require the owner of the property to reside on the parcel on which the second unit ~s located. A second dwelling unit may be occupied as a residential dwelling unit only if and for so long as tree owner of record of the parcel of land upon which the secor_d dwelling unit is located occupies either the primary dwelling unit or the second dwelling unit The intent of the proposed ordinance is to carefully control the development of second units in the single family areas of the City and to establish development standards that are consistent with the standards in place for accessory structures. The current development standards for accessory structures ensure that detached structures are compatible with the main dwelling and do not infringe on the privacy of adjacent residents. If the proposed standards are adopted, staff anticipates that there will be a limited number of second dwelling units developed in the foreseeable future. The majority of the units will be conversions of existing accessory buildings provided that parking and the setback requirements can be met. Second units which could qualify 4 under the proposed ordinance would have to address a range of concerns and would be required to be integrated into the framework of the existing neighborhood Planning Commission Recommendations The Planning Commission conducted a public hearing on September 11, 1996 and unanimously recommended adoption of the proposed ordinance with several modifications that are contained in Exhibit B. Changes recommended by the Commission include the following: 1. Change the parking requirement from one space per bedroom, with no tandem parking spaces allowed, to require no spaces for a second unit of 300 square feet or less, and requiring one space for units greater than 300 square feet, and allowing such space to be provided in a tandem in the driveway and an compact format. The Commission also recommended that the ordinance provide for elimination of the parking requiremen4 if the applicant can demonstrate that due to site conditions or lack of neighborhood parking demand, a parking space for the unit is not needed. The Commission felt that these parking standards were appropriate, given the typical nature of second dwelling units, many of which may be occupied by relatives of the residents of the moan residence or by domestic help; as well as the small allowable size of second units. Staff supports this recommendation. 2. Due to the interaction of the second unit standards wat±~ the existing standards for two-story accessory structures, the Commission recommended an adjustment an the maximum square 5 footage of second units constructed atop garages so that a second unit could achieve a reasonable size. The Commission recommended that a second unit above a standard garage have up to 300 square feet. In practice, this would allow an increase of approximately 50 square feet above what staff is recommending as the maximum size for a second story unit. Staff supports this recommendation. 3. The Commission recommended that, if legally possible, the ordinance require the initial application for a second unit tc be made by the property owner/resident of the parcel ar_d require that owner to reside on the property until a certificate of occupancy ~s issued on the structure. If that is not legally possible under the State requirements, the Commission recommended elimination of the owner occupancy requirements altogether. The Commission was concerned that a requirement for continuous owner-residency on the property would be unenforceable, would create undue and unfair hardships on both property owners and tenants, and that the requirement was unnecessary from a policy perspective. Upon exam~nat~on of the issue, the City Attorney's Office believes that limiting the owner-occupancy requirement to the applicant is legally vulnerable. In the recent decision of Sounheim v. City_ of Dimas, Cal. App. 4th 55 Cal Rptr. 2d 290(1995) the Court interpreted 55852.2 (b) to allow owner-occupancy requirements to run with the land on the basis that a land use permit "may be conditioned on the character of the property as owner-occupied but not on the character of the applicant as an owner-occupant," and that the condition should run with the land. Td. Based on this information, staff does not suppor~ the Planning Comrn~ss~ons alternative recommendation to eliminate the owner occupancy requirements. Staff believes this requirement is appropriate to maintain the character of the single family districts and to minimize disruptions to adjacent neighbors. 6 Anoroaches of Other Jurisdictions In researching this zssue, staff has contacted a number of Jurisdictions throughout California. Several nearby cities appear to be ~n situations similar to that of Santa Monica ^hey effectively prohibit second units, but they have not complied with State law by making the required findings. One local jurisdiction, Manhattan Beach, explicitly prohibits second units, reciting the State findings, and challenging the State's authority to regulate this issue _ A copy of that ordinance zs included as Exhibit C. Many California cities allow second units, although some of the ordinances have not been updated to reflect the latest changes in State law. Alternatives The Council may adapt the proposed ordinance as drafted, accept some or all of the Planning Commission recommendations ar make other revisions provided they are consistent with the State requirements The Council`s other option is to direct staff to prepare an ordnance prohibiting second units The validity of such an ordinance would depend upon the Council's making the findings requ~.red by State Law As indicated in the prior staff report, sufficient evidence has not been presented, nor does staff 7 believe such evidence exists, to justify making such findings. However, it is conceivable that testimony could be presented at the hearing to support the findings. In the event this occurs, the Council would have to direct staff to prepare an emergency ordinance to prohibit second units to return at the October 8, 1996 meeting BUDGET/FINANCIAL IMPACT The recommendation of this report would not have budget/financial impact. REQQMME~TDAT IDN It is recommended that the City Council adopt the proposed urgency ordinance. Exhibits: A. Proposed ordinance B. Planning Commission recommended changes C. Manhattan Beach Ordinance prohibiting second units D. August 13, 1996 Council staff report. Prepa-~ed by: Suzanne Frick, Planning & Community Development Director v4 S ATTACHMENT A CA:f:muni\laws\mhs\secondu City Council Meeting 9-24--96 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING STANDARDS FOR THE ALLOWANCE OF SECOND UNITS IN THE R1 ZONING DISTRICT ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findinas and Puriaose. The City Council finds and declares: (a) On June 18, 1996 the City received a Conditional Use Permit application for a second unit on a property zoned R1. Pursuant to Government Code Section 65852.2, within 120 days after receiving such an application, the City must adapt an ordinance which either allows for second units subject to local regulation, or prohibits second units and which contains statutorily-required findings regarding the effect on housing opportunities in the region and the specific adverse impacts an the public health, safety and welfare which would result from allowing such units. If the City does not adopt an ordinance within the statutory period, the application standards. is automatically approved subject to state 1 ~~ ~~u (b} At the August 13, 1996 City Council meeting, the Council directed staff to prepare an ordinance regulating second units and for the Planning Commission to review and comment on the proposed ordinance. The Planning Commission conducted a public hearing on the proposed ordinance on September 11, 1996, and recommended its adoption by the Council with certain modifications. (c} 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 allow and regulate second units. It is therefore necessary to adopt an interim ordinance in order to comply with state law and allow secand units pending completion of the process necessary to amend the Zoning ordinance. Should the City not adopt an Interim 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, (d) Should secand units become subject to automatic approval under state law, development incompatible with the proposed local standards will occur. The local standards to be adopted are all intended to protect and faster the health, safety and welfare of the City and its citizens, specifically by allowing for second units while protecting the character of the City's areas zoned for single family residences, and minimizing any adverse impacts on such areas potentially created by the allowance of such units. (e) For these reasons, pending the adoption of the Zoning Ordinance amendments, there exists a current and immediate threat 2 ~~ Obi 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. (f) The purpose of this interim ordinance is to conform with the requirements of state law relating to second units in areas zoned for single-family residences; to allow second units while protecting the character of the R1 Single Family Residential District; and to provide reasonable design and development standards and procedures to foster and protect the public health, safety, welfare and aesthetic interests of the City. 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 on a parcel zoned for a single-family residence. A second unit shall contain permanent provisions for living, sleeping, 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 has been developed prior to the effective date of this Ordinance. Existing 3 ~~ ~~~ second units shall be considered as either "legal non-conforming" which means second units which conformed to the standards existing at the time the unit was developed, or as "non-permitted" which means units which were developed in a manner inconsistent with the applicable regulations in effect at the time of development. SECTION 3. Abnlicability. 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. SECTION 4. Regulations and restrictions. Notwithstanding any provisions of the Municipal Code to the contrary, the following regulations and standards shall apply to second units: (a) Use Permit required. 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 subject to the standard fee for Use Permits as set by resolution of the City Council. (b) Permitted Zones. Second units shall be permitted in the R1 Single Family Residential District. (c) Occupancy and sale limitations. The owner of record of 4 ~~ 0~3 the parcel shall reside on the parcel an which the second unit is located, in either the main dwelling unit or the second unit, as his or her primary residence. 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 is satisfied. The second unit is not intended for, and shall not be offered for sale separately from the main dwelling unit, but may be rented. SECTION 5. Development Standards. Notwithstanding any provisions of the Municipal Code to the contrary, the following development standards shall apply to second units; (a} Lot size. Second units may be developed on any legal parcel of 5000 square feet or more in the R1 District. Second units may not be developed on parcels less than 5000 square feet in area. (b} Density. Second units may be developed on parcels which contain no more than one existing single-family residence. (c} 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. (d} 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 R1 District. (e} Parking recruirements. 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 5 ~~ ~~~ 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 lats 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. (f) Second units attached to the main dwelling. Except as otherwise provided above, the second unit shall comply with all the property development standards for the main dwelling. (g) 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 which 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 (b), (c), and (d), 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 aver 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 in Zoning Ordinance Section 9.04.14.110, subsections (a), (c), (d), (e), and (g) 6 ii its Q i J (3) No detached second unit shall be located in a building which exceeds 24 feet in height. SECTION 6. Design standards. Notwithstanding any provisions of the Municipal Code to the contrary, the following design standards shall apply to second units: (a) The exterior design of the second unit shall be substantially compatible with that of the main dwelling in terms of building forms, materials, colors, exterior 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. (b) The second unit shall be clearly subordinate to the main dwelling unit on the parcel by size, location and appearance. (c) The entrance to the second unit shall not be on the front or street side yard. (d) The addresses of both units shall be displayed in a manner as to be clearly visible from the street. SECTION 7. Conversion of existing structux'~~. Notwithstanding any provisions of the Municipal Code to the contrary, the following provisions regarding conversion of existing structures shall apply to second units: (a) Garage conversions. The creation of a second unit through conversion of all or a portion of a garage shall be prohibited unless at least two parking spaces in a garage are 7 ~ ~* ~ , ~1 provided far 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. (b) Guest quarters and non-garage accessory building r_onversions. 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 this Ordinance are met. (c) 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 Uniform Housing Code. SECTION 8. 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. 8 9~R ~~~ SECTION 9. Compliance with other laws. Except as modified by this Ordinance, a second unit must meet the requirements of the Zoning Ordinance, the Uniform Building Cade, and all other relevant federal, state, and local requirements. SECTION 10. Fees for second units. For purposes of determining fees and other requirements, a second unit shall be considered an additional unit on the parcel, and fees shall be determined in accordance with Government Code Section 66000. SECTION 11. Compliance with this Ordinance by existing nan- permitted second units. All existing non-permitted second units must comply with the provisions of this Ordinance, including the requirement to obtain a Use Permit. SECTION 12. This Ordinance shall be of no further force or effect 45 days from its adaptian, unless extended in the manner required by law. SECTION 13. This Ordinance is declared to be an urgency measure adapted pursuant to the provisions of Section 615 of the Santa Monica City Charter, and Section 9.04.20.16.060 of the Zoning Ordinance. Yt is necessary for preserving the public health, safety, or welfare, and the reasons far its urgency are set forth in the Findings and Purpose section of this Ordinance. 9 ~~ ~~$ SECTION 14. 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 15. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or 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 invalid or unconstitutional. SECTION 16. 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 upon its adoption. APPROVED ASS, TO -,FORM: /1 ti~ I ~~~ ~- ~. ci rit ~ ~ r:L LGc "~ `Y r MARSHA MdUTRIE City Attorney 10 ~a ~~~ ATTACHMENT B Changes to Second Unit Ordinance recommended by the Planning commission: 1. Parking Requirements: Replace Section 5{e) {Pages 5-6} with the fallowing: {e) Parking requirements. No additional parking shall be required for second units with less than 300 square feet of floor area. For second units which exceed 300 square feet of floor area, one parking space per bedroom, with a minimum of one space per unit shall be required, unless the applicant demonstrates, and the Zoning Administrator or Planning Commission on appeal find as a condition of granting the Use Permit that: (1} The main dwelling has parking which conforms to current Zoning Ordinance requirements, and {2) The existing parking supply in the immediate neighborhood is sufficient to meet the parking demand created by the second unit. Tandem parking, and compact size parking spaces shall be permitted. Parking shall be allowed in the front half of the parcel, but not in the front yard setback area. 2. Owner-occupancy requirements: To limit the requirement to the applicant, replace Section 4(c) (Pages 4-5} with the following: Occupancy and sale limitations. The owner of record of the parcel shall reside on the parcel on which the second unit is located, in either the main dwelling unit or the second unit, as his or her primary residence, at the time the application for a Use Permit is filed. Owner-occupancy is no longer required after issuance of the certificate of occupancy far the second unit, or, in the case of existing second units, after the effective date of approval of the Use Permit. The second unit is not intended for, and shall not be offered for sale separately from the main residence, but may be rented. To remove the owner-occupancy requirement entirely, make the following two changes: - Replace Section 4(c)(Pages 4-5) with the following: Sale limitation. A second unit is not intended for, and shall not be offered for sale separately from the main residence, but may be rented. - Amend Section 8 {Page 8) to delete the reference to "occupancy" restrictions. ~~ ~~0 3. Allowance for a 300 square foot second unit over a standard two car garage: Replace Section 5{g){2) (Page 6) with the following: (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 in Zoning Ordinance Section 9.04.14.110 subsections (a), (c), (d), and (e). The entire building is which such second unit is located shall be a maximum of six hundred fifty square feet in size, provided, however, that the Zoning Administrator or Planning Commission on appeal may allow up to an additional 50 square feet if it finds as a condition of granting the Use Permit that the additional square footage is necessary to accommodate a second unit containing 300 square feet of floor area over a standard size two-car garage. ~~ ~~~ ATTACHMENT C ' City of- Manhattan Heath iii.5Z.865. Accessory dwelling units. Thu Aug 88 1996 12:33 pm Page 1 of 1 A. P~.~hibition of Second Units. An accessory or second dwe l l i tsg unit, or "granny beaus i ng'" unit , sha l l nr~t be allowed on any lot in any RS district wath an existing sincdle- family duelling. This prohibition is enacted for the following reasons: i. While the issue of affordable housing may be a matter of statewide concern, tl~e adoption aa-d implementation of program tc provide affordable housing is a matter of local concern and a municipal affair. Further, Government Cade Section 651352.1 and 65852.2 are contrary to the municipal affaars doctrine of Article 11, Section 7 of the California Constitution and inapplicable to the Caty of Manhattan Beach. 2. The laity of Manhattan Beach has determined that second units, including "granny housing ", would not be an effective means of providing affordable housing within the city. 3. Although adoption of a prohibition of second units, including .'granny browsing,', may limit housing opportunities of the region, the City also has determined that second ~rnits, including "granny housing", are inconsistent with the land use and density policies of the General Tian and bane specific adverse impacts on public health, safety, and welfare which justify the adoption of this prohibition, These impacts include increased traffic ar~d demand for public services and reduced pri:sacy and security in residential neighborhoods. `4' .~ 4 ATTACHMENT D