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SR-8A (54) CA f atly\munl\strpts\mJm\scndunts3 2d City Council Meeting 6-1-98 tid + IqlG o.)1UA~ / Re' ivdrott<<ceJ - / I~r~~ ~A #I'l-9~ Santa Monica, Callforma TO Mayor and City Council FROM City Attorney SUBJECT INTERIM ORDINANCE ALLOWING SECOND DWELLING UNITS IN THE R-1 AND OP-1 ZONING DISTRICTS UNDER SPECIFIED CIRCUMSTANCES, CLARIFYING THE ALLOWANCE OF SECOND UNITS IN MULTI-FAMILY RESIDENTIAL DISTRICTS, AND SPECIFYING STANDARDS FOR SECOND UNITS INTRODUCTION At Its meeting on May 26, 1998, the City Council Introduced for first readIng an ordinance to extend the eXisting ordinance that allows second dwelling units In the R-1 and OP-1 zOning Districts under specifIed circumstances, c1anfies the allowance of second Units m multI-famIly reSIdentIal dIstriCts, and specIfies standards for second umts. The ordInance IS now presented to the City CounCil for adoption RECOMMENDATION It IS respectfully recommended that the accompanymg ordinance be adopted PREPARED BY Marsha Jones Moutne, City Attorney gfJ( "-Z,~lf3 f.atty\muni\laws\mjm\scndunts.3 City Councll Meeting 6-1-98 Santa Monica, Californla ( CCS ) ORDINANCE NUMBER (Clty Council Series) INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ALLOWING SECOND DWELLING UNITS IN THE R-l AND OP-1 ZONING DISTRICTS UNDER SPECIFIED CIRCUMSTANCES, 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. Flndinas and Puroose. The City Council flnds and declares: (a) Government Code Section 65852,2 establishes requlrements for the adoption of municipal standards applicable to second units in slngle-family and multi-faml1y zones. It provides that, within 120 days after recelving the flyst appllcation 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 Clty falls to exercise either of these optlons, then state standards speclfied in Section 65882.2 apply. (b) A prlnclpal goal of Government Code Section 65852.2 is to ensure that all Californla cities make adequate provision for affordable houslng, 1 (c) The C~ty of Santa Monica fully supports this goal. The City has a long-standing commitment to the provision of affordable housing, and the C1ty successfully effectuates this commitment through extraordinary effort man~fest in various City laws, policies and programs. (d) The City.s voters have adopted ln~tiative measures Wh1Ch ensure the protection of affordable housing in the City. The Rent Control Charter Amendment, adopted III 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 Clty must be affordable. (e) The City1s zon~ng laws and pollcies include substantial incentives for the production of affordable housing, lncluding height and denslty bonuses and reduced parking requirements. Addi tionally, unl~ke many cities' zoning laws, Santa Monica I s permits some form of resident~al use in all of the Clty.S zones, includ~ng commercial and ~ndustrial, The only exception is the City's park zone, which is limited to the City's parks. (f) The C~ty operates a number of programs which facilitate the production of affordable housing. These ~nclude loans to private, for-profit developers and owners and fundlng to non-profit agencies to acquire or construct houslng units. (g) The Clty also funds many social servlce programs which prov~de emergency shelter, transitional housing and permanent and 2 supporti ve housing to individuals and families with very low incomes. (h) These and other laws, policies and programs have resulted in the preservation and productlon of an extraordinary number of affordable units within the Clty. The presence of these units has allowed a very substantlal number of low and moderate lncame households to llve in the Clty notwlthstandlng its prime location and hlgh real estate values Census data shows that Slxty percent of the City1s households have low or moderate lncornes (i) At the same tlme as lt has worked to ensure the preservatlon and production of adequate affordable housing, the Clty has also striven to protect resldents1 quality of life within the Clty by maintalning a balance between the conflictlng community needs. However, the preservation of this balance has been a difficult task because of certain unique characteristlcs of the Clty which are a function of its location and history. (j) Santa Monica is a coastal City, in a prime location, 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 availabillty of urban facilitles, serVlces and entertainments make Santa Monlca an extremely deslrable place to work or visit -- Just as it lS a very desirable place to live. Consequently, a large number of non-resldents 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 s1gn1ficant threats to the quality of life in Santa Monica. (k) The C1ty'S density is, 1n s1gnificant part, a function of 1tS zon1ng Since 1922, a relatively large port1on of the City has been zoned multi-fam11Yi and a significant portion has been zoned commerc1al. Consequently, for many decades, a relatively small percentage of property within the Clty has been zoned for s1ngle family res1dences, Thus, there are very few ne1ghborhoods w1thin the City which are neither densely developed nor periodically congested. (1) The dens1ty and congestion of the City and the threat wh1ch they pose to quality of Ilfe 1S magnified by the lack of open space. The C1ty has relatively 11ttle parkland; and the parks Wh1Ch do exist are very heav11y 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 prov1des open space. However, th1S open space 1S ut11ized by tens and even hundreds of thousands of persons living throughout the Southern California reg1on. Thus, very little space within the City is peaceful and quiet. (m) Even the l1m1ted portions of the City which are zoned single family exper1ence unusual problems w1th noise, traffic and park1ng for several reasons The hundreds of thousands of people who work in the C1ty and v1sit it use the C1ty'S residential streets for travel and park1ng. Add1t1onally, tens of thousands of 4 commuters drive through the City each work day to gain access to the Santa Monlca FreewaYi and thlS number is increasing due to extensive development to the south of the City's border. These workers, vlsltors, and commuters lmpact noise levels, air quallty and traffic in the City's R-1 and other residentlal neighborhoods. Moreover, ~n portions of the Clty, the commerclal zones which run along the City's maJor east-west thoroughfares are adJacent to R-1 neighborhoods The quality of resldential life ln these neighborhoods is impacted by the large numbers of persons patronlzlng the businesses ln these zones, which include restaurants, coffee houses and night clubs. Moreover, ln the R-1 nelghborhoods of the City, a substantial number of second units already exist, Some of these were built as "accessory units" and are not permltted for dwelllng Others were simply built wlthout permits. Many of these units were utlllzed as rental units prlor to the adoptlon of the City's Rent Control Charter Amendment and are therefore controlled rental unl ts. Taken together I these factors mean that the City's single family neighborhoods are already denser, noisier, and more subJect to parklng and traffic problems than thelr zoning designations would indicate. (n) On June 18, 1996, the City recelved its first application for a Conditlonal Use Permit for a second unit on a property zoned for single famlly use. (0) On August 13, 1996, pursuant to the requirements of Government Code Beetlon 65852.2, the City Councll directed Clty staff to prepare an ordinance regulatlng second units in the R-1 5 district and directed the Planning Commission to reVlew and comment on the proposed ordinance. In response, Staff proposed an ordinance, and the Planning Commission conducted a public hearlng on the proposed ordinance on September 11, 1996, (p) The proposed ordinance, together with modlflcations suggested by the Plannlng Commlsslon, came before the City Council at ltS meetlng of September 24, 1996; and the Councll conducted a public hearing. (q) In the course of that hearing, a slgnlficant number of Clty resldents expressed thelr concerns about permittlng the development of additional second units in the R-1 district. Many others expressed their concern by letter. Those concerns included: increased noise, increased alr pollutlon, security risks, the creation and exacerbation of trafflc and parking problems, lnordlnate demand on the lnfrastructure of older nelghborhoods WhlCh were planned and built to be R-l, and the lack of quiet, peaceful spaces in the comffiunlty A much smaller number of speakers favored allowing second unlts ln the single family distrlcts. At the concluslon of the hearing, the Council dellberated on the avallable optlons and dlrected staff to prepare an ordlnance whlch would prohlblt second units in the R-1 and OP-1 dlstricts (hereinafter referred to in this sectlon as the "R-1") only (r) At the October 8, 1996 City Council meeting, the Council considered an ordlnance WhlCh clarlfled the allowance of second units in all multl-famlly dlstrlcts, and prohlblted second units in 6 the R-l district subJect to a limited IThardshlp exemption." A public hear1ng was conducted and additional public testimony was received. Some property owners testifled that second units were needed for occupancy by their dependents, or by care givers for themselves or their dependents. After the receipt of public testimony and deliberat1on, the City Council introduced for flrst readlng an ordinance WhlCh modlfied the proposed "hardship exemptlon" to expand the circumstances under which second units would be allowed in the R-1 Dlstrlct That ordinance was adopted on second reading as Ordlnance Number 1866 (CCS) on October 15, 1996. (s) In Ordinance 1866 (CCS) , the City Council found that permittlng the development of addltlonal second units in the City's lim1ted R-1 districts would adversely impact the public health, safety and welfare. Such development would significantly erode the quality of life for residents of R-l d1stricts in Santa Monica. It would, among other things, exacerbate problems resultlng from the City's overall denslty, the unusually large number of persons who work wlthin the City, V1S1t it for ~ecreation, and travel though it, and the substantlal number of second units that already exist in R-1 districts. These problems lnclude nOlse, traffic, and a shortage of parking. Such development would also adversely affect quallty of life by reduclng the number of neighborhoods withln the City which stlll afford a tranqull enVlronment and thereby serve as havens for City residents who walk, jog, and ride bicycles on their qUlet streets, using the streets 1n much the same way as parks, 7 (t) without limitlng the foregoing, the City Council also found that many property owners ln the R-l District have dependents, such as elderly relatlves or physically or mentally disabled adult children, who rely on the property owner for care. Second unlts provlde an opportunlty for llmited independent living for such dependents in close proximlty to the property owner's home. Other R-1 property owners have the need to house health care providers or other care givers for themselves of their dependents. Second units facilitate such an arrangement and provide a convenlent residence for such caregivers. In some circumstances, substantial hardshlP may result to property owners who are unable to have second unlts on thelr property for the purposes described above, (u) Allowing second units ln the R-l distrlct only for the use of dependents of the property owner, or caregivers of the property owners or dependents of the property owners, and subject to the other requlrements of thlS Ordinance, should not result in an undue concentration of second units, and strikes an appropriate balance between the competlng needs ldentified above. (v) In light of the above-mentloned concerns, on November 26, 1996, the City Council adopted Interlm Ordinance Number 1869 (CCS) WhlCh extended Interlm Ordlnance Number 1866 (CCS) for elghteen (18) months and wlll expire on June 26, 1998. (w) The Clty Councll also finds and declares that lt has been Clty POllCY to allow second units ln the multi-famlly residential district, and permlttlng such units effectuates the Clty'S and the 8 state's policy of encourag1ng the development of affordable houslug. (x) Newly constructed second un1ts w111 probably not be affordable. The City's Rent Control Charter Amendment w1ll not restr1ct rents for these un1ts Slnce they would be exempt as new construction. These units would also not be subject to the C1ty'S Inclusionary Hous1ng requirements. In addition, data provided by the Santa Mon1ca Rent Control Board tracking the rent levels of units decontrolled as a result of Costa Hawkins demonstrates that these decontrolled un1ts are losing the1r affordab1lity Data obtained 1U preparing the City r s Houslng Element Update also demonstrates that prevaillng market rents for new mult1-family construction are not affordable. Moreover, market rents 1n Santa Monica are continu1ng to 1ncrease as land values increase. While second un1ts are d1fferent 1n kind from traditional rental units, second units would not be immune from these market conditions. G1ven this data, there is no reason to conclude that newly constructed second unlts would be offered at affordable rents. (y) The purpose of this ord1nance 1S to conform with the requirements of state law relating to second units in areas zoned for slngle-fam1ly and mult1-fam1ly residences; to clarify the allowance of second units 1n some areas of the City, while protecting the character of the single famlly residential districts; and to provide reasonable des1gn and development standards and procedures to foster and protect the publ1C health, safety, welfare and aesthetic lnterests of the City. The C1ty 9 Councll is mindful of the possibllity that this ordinance may limit houslng opportunities in the region over time However, in view of the many City laws, pollcies and programs whlch have successfully fostered affordable housing opportunlties ln the City, and In view of the extent and success of those efforts relatlve to efforts made by other citles in the region, any lmpact of this ordinance upon reglonal houslng needs will likely be negligible. (z) Pursuant to the City's Zonlng Ordinance, further formal actlon is needed by both the Planning Commission and the City Council to effectuate an amendment to the Zoning Ordinance to regulate second unlts In accordance wlth the provislons of this Ordinance. Should the City not adopt this ordinance, development incompatible wlth the provislons of thls Ordinance wlll occur, WhlCh would adversely affect the health, safety and welfare of the Clty and its citlzens, as described above. (aa) For these reasons, pursuant to Santa Monica Municipal Code Section 9.04.20.16.060, the City Council finds that another interim ordlnance is necessary because there exists a current and immedlate threat to the publlc health, safety, or welfare, and approval of development incompatible with the standards of this interlm ordinance would result ln a threat to public health, safety, or welfare. Thls Ordinance extends the provislons of Ordinance 1866 (CCS) and Ordlnance 1869 (CCS), as modified, up to and including June 28, 1999 to allow adequate time for formal Zonlng Ordinance amendments to be processed and adopted, makes minor wording changes to this SectloD to more accurately reflect 10 the Council's action and supplements th~s Section to reflect developments s~nce Ordinance 1869 (CCS) was drafted. SECTION 2. Deflnitions. As used in thlS Ordinance, these words have the followlng deflnitions: (a) "Second unlt" means an attached or detached residential dwelling unlt which provides complete independent livlng facilltles for one or more persons and which is located or established on the same lot on which a single family residence 1S located. A second un1t shall contain permanent provis1ons for Ilving, sleeping, eating, cooking and sanitation. "Second unlt" shall also include an efficiency unit, as def1ned in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined 1n Section 18007 of the Health and Safety Code. (b) "Existing second unit" means a second un1t which was developed prior to the effect:Lve date of this Ord1nance. An existing second unit shall be considered as either "legal non- conforming," if ~t conformed to the standards exist~ng at the time 1t was developed, or as "non-permitted," if lt was developed in a manner inconsistent with the appl1cable standards 1n 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 un1ts. Existing legal non-conform1ng second 11 units may remaln, subject to the provisions of Subchapter 9 04.18 of the Zoning Ordinance, SECTION 4 Permitted Distrlcts. Notwlthstanding any provisions of the Munic1pal Code to the contrary, second units shall be permitted 1n all multi-fam1ly residential zoning distr1cts subject to the requirements of Sect10n 5 below, Second units shall be permitted in the R-l and OP-1 zoning distrlcts as speclfied in Section 6 below. SECTION 5 $E;!cond Unlts in the {Vlulti-famlly Residentlal Zonlna Distrlcts. ThlS Ordinance clarlfles existing Clty practice wlth respect to second unlts in the multi-famlly zoning districts. Notwlthstandlng anythlng in the Municipal Code to the contrary, second unlts shall be allowed ln the followlng multl-family resldential zoning dlstricts according to the followlng standards: (a) R2R An attached second unlt, and a detached second unit when located on a parcel containlng one slngle family home, shall be considered a "duplex," and shall be permitted in all Clrcumstances in which development of a duplex would be permltted, subject to compllance with the property development standards of the distrlct. (b) R2, R3, R4, second unit shall be permitted, subJect to RVC, OP-Duplex, OP-2, OP-4, and R3R. A consldered a "multi-famlly" use, and be compllance Wl th the underlying property 12 development standards of the distrlct in which the property is located. (c) R2B, Development of a second unlt shall be considered a permltted use, subject to compliance wlth the property development standards of the district. (d) Parking requirements. Parking requlrements for second unlts in multi-famlly zonlng distrlcts shall be the same as parking requlrements for other multlfamily dwelling units under the Zoning Ordinance. Pursuant to Government Code Sectlon 65852.2(e), the City Councll finds that tandem parklng for lots greater than 30 feet in wldth, and parking in the front one half of the parcel, are not otherwise permitted for resldential uses anywhere else in the jurlsdiction. SECTION 6. Second Unlts in the R-1 and OP-1. A Use Permit may be granted for a second unit ln the R-1 and OP-1 zonlng dlstricts if the unit lS intended and used solely for occupancy by a dependent of the resident property owner, or a care glver of elther the property owner or a dependent of the property owner, and if the owner demonstrates that substantlal hardshlp 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 recruired. A Use Permit shall be required for any second unlt. The Use Permlt shall be processed in accordance wlth the provislons of Part 9.04.20.11 of the Zonlng Ordinance. No Use Permit shall be granted unless the second unit complies with 13 the provlsions of this ordinance, and unless the findlngs required by Part 9 04.20.11 are made. A Use Permlt application shall be subject to the standard fee for Use Permlts as set by resolution of the C~ty Council. (b) Occupancy and sale llmitatlons. The owner of record of the parcel shall reside on the parcel on which the second unit is located, ln either the main dwelling unit or the second unit. A second unit may be occup~ed as a resident~al dwelling unit, and the Use Permit shall be valid only if and for so long as this condition, and the hardsh~p requlrements described ln subsection (a) are satlsfied. The second unit is not lntended for, and shall not be offered for, sale separately from the maln dwelling unit, (c) Lot Slze Second unlts may be developed on any legal parcel of 5000 square feet or more in the R-1 and OP-l Districts. Second units may not be developed on parcels less than 5000 square feet in area. (d) Depsity, Second units may be developed on parcels which contain no more than one ex~sting single-family res~dence, (e) MaXlmum and M~nimurn Unit Size. Second units may contain a maXlmum 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 llmitatlon of the R-1 or Districts as applicable OP-l 14 (g) Parklno reaulrements. For second unl ts, one parking space per bedroom shall be required, with a mlnimum of one space per second unit. Tandem parklng shall not be permitted unless the parcel upon which the second unit is located lS less than 30 feet ln width. Parking shall not be located ln the front one half of the parcel. Pursuant to Government Code Beetlon 65852 2(e), the Clty Council flnds that tandem parklng for lots greater than 30 feet in wldth, and parking in the front one half of the parcel, are not otherWlse permltted for residentlal uses anywhere else in the jurlsdictlon. (h) Second units attached to the maln dwellino, Except as otherwise provided above, the second unit shall comply with all the property development standards for the main dwelllng. (i) Detached second unlts. In addltlon to the requlrements set forth above, detached second UUlts shall comply with the following: (1) One story detached second UUlt in a building which 18 fourteen feet or less in helght The entire building ln which such second unlt is located shall comply with the requirements appllcable to accessory structures set forth ln Zoning Ordinance Section 9.04,10.02.100, 8ubsectlons (a), (b), {c}, (dl, and (e) and with the requirements for accessory livlng quarters set forth in Zoning Ordinance Sectlon 9.04 l2.080, subsectlons (c), (d), and (g). (2) Detached second unlt ln a bUlldlng which 18 over one story or exceeds fourteen feet in helght: The entire bUllding in WhlCh such second unit 18 located shall comply wlth the 15 requirements applicable to accessory structures set forth in Zoning Ordinance Section 9 04.14.110, subsections (a), (c), (d), (e), and (g) . (j) Desion standards. (1) The exterior design of the second unit shall be substantially compat~ble w~th that of the main dwelling in terms of building forms, materials, colors, exterior finishes and landscap~ng. The parcel shall reta~n a s~ngle-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 dwell~ng un~t on the parcel by s~ze, location and appearance. (3) The entrance to the second un~t shall not be on the front or street side yard (4) The addresses of both units shall be displayed in a manner as to be clearly visible from the street. (k) Conversion of eXlstlno structures. (1) Garaoe conversions. The creatlon of a second unit through conversion of all or a portion of a garage shall be proh~b~ted unless at least two parking spaces In a garage are provided for the maln dwelllng, ~n add~tlon to the parking required by this Ordinance for the second unlt, and all other provisions of this Ordlnance are met. (2) Guest auarters and non-garage accessory buildlng conversions The creation of a second unit through COTIVerS10n of all or a portion of a guest quarters or non-garage accessory 16 SECTION 8. Fees for second units. For purposes of determinlng fees and other requlrernents, a second unit shall be considered an addltional UDlt on the parcel, and fees shall be determined ln accordance wlth Government Code Section 66000. SECTION 9. Comollance wlth this Ordinance by existing non- oeTmltted second units. All eXlstlng non-permltted second units must comply with the provis~ons of this Ordlnance. SECTION 10. Any provlsion of the lnterlrn ordinances, the Santa Monica Municlpal Code, or appendices thereto lnconsistent with the provislons of this Ord1nance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provlsions of this Ordinance. SECTION 11. If any sectlon, subsectlon, sentence, clause, or phrase of this Ordlnance 1S for any reason held to be invalld or unconst1 tutlonal by a decis10n of any court of any competent ]urlsdlctlon, such declsion shall not affect the valldity of the rema1n1ng portions of this Ordinance. The City Council hereby declares that it would have passed this Ordlnance, and each and every section, subsectlon, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordlnance would be subsequently declared invalld or unconstitutional. 18 SECTION 12. This Ordlnance shall be of no further force or effect after June 28, 1999, unless extended in the manner requlred by law. SECTION 13. Thls Ordinance ~s declared to be a measure adopted pursuant to the provislons of Section 9.04.20.16,060 of the Zoning Ord~nance. It ~s necessary for preserv~ng the public health, safety, or welfare, and the reasons for its adoption are set forth in the Findlngs and Purpose section of this Ordlnance. SECTION 14. This Ordlnance shall be applicable to any actions concerning second unlts, including any application for a second unit filed on or after November 29, 1996 SECTION 15. The Mayor shall sign and the Clty Clerk shall attest to the passage of this Ordlnance. The City Clerk shall cause the same to be published once ~n the officlal newspaper within 30 days after its adoption. This Ordinance shall become effectlve 30 days from lts adopt~on. APPROVED AS TO FORM: j1uu~~~~~ MARSHA JO&B:S/ MOUTRIE City Attorney 19