HomeMy WebLinkAbout07-01-2014 ph3 PPP Amendment to Zoning Regulations Definition of Bedroom.pdf1
Zoning Regulation Amendments
GPA 110 -14
July 1, 2014
Review of amendments to Municipal Code Title 17 (Zoning Regulations)
related to:
1.Bedroom definition,
2.Regulations for Guest Quarters and Accessory Structures, and
3.Zoning Amendment Initiations
Recommendation
2
Introduce an ordinance (Attachment 3) to amend Title 17 (Zoning
Regulations) of the Municipal Code with a categorical exemption from
environmental review (CEQA Guidelines Section 15061.b3).
1)Establishing a revised bedroom definition
2)Establishing new requirements for regulation of Guest Quarters and
Accessory Structures
3)Revising the current language to add the Community Development
Director and Planning Commission to the list of authorities able to
initiate Amendments
Purpose
3
1)Continued effort to update and improve development regulations
2)Regulations should effectively implement goals and policies
established by the City Council.
3)Discourage and prevent unpermitted conversion of “spaces” into
bedrooms
4)Establish review procedure and requirements for regulation of
Guest Quarters and Accessory Structures
5)Streamline review of Zoning Amendment Initiations
Background
4
1.Guest Quarters and Bedroom Definition
2.Initiation of Zoning Amendments
PC Review
(August 2013)
•Supported several
amendments with
the exception of
guest houses and
the bedroom
definition
CC Review
(July 2013)
•Adopted
amendments
recommended by
PC.
•Directed staff to
revisit/revise guest
house regulations
and the bedroom
definition and
return to the CC.
PC Review
(April 2014)
•Supported adding
PC and CD
Director to list of
authorities able to
initiate
amendments
CC Review
(July 2014)
•Guest Quarters &
Accessory
Structures
•Bedroom
definition
•Zoning
Amendments
Initiation
5
Guest Quarters & Accessory Structures
Current Situation
Proposed Amendments
Guest Quarters & Accessory Structures
6
1)Illegal conversion of guest houses and accessory structures into
unapproved dwelling units is an ongoing issue:
57 confirmed conversions of guest houses and accessory structures
into unpermitted living space (2008 to 2013)
2)Current Regulations:
Kitchen definition is ineffective
Wet bars allow easier “full” kitchen conversion after inspections
Guest houses can have multiple bedrooms and can be rented
separately from the primary dwelling
Impacts to parking and the neighborhood
Accessory Structures & Guest Quarters
7
3)Proposed Regulations:
a)Clarify differences between “accessory spaces”:
Accessory Structures
Guest Quarters (previously titled guest houses)
Secondary Dwelling Units (no changes proposed)
b)Provide regulation for establishment of legal accessory spaces
(Attachment 1a)
Accessory Structure
(Existing Regulation)
Accessory Structure
(Proposed Regulation)
Example Not specified Garage, Storage Shed,
Shop Building
Floor Plan Layout N/A N/A
Living Space No No
Density Calculation N/A N/A
On-Site Owner Occupancy Required N/A N/A
Separate Rental from Primary Residence N/A N/A
Kitchen Facilities No No
Wet Bar No No
Bathroom Facilities (toilet, sink) Not specified Yes
Bathroom Facilities (bathing) Not specified No
Maximum Size N/A N/A
Review Process Building Permit with
Community Design
Guideline Consistency
Review
Building Permit with
Community Design
Guideline Consistency
Review
Accessory Structures
8
Proposed Regulations:
Accessory Structures
9
Proposed Regulations:
2-Bay Garage
with Washroom
Washroom
Guest Quarters
10
Proposed Regulations:
Guest House
(Existing Regulation)
Guest Quarters
(Proposed Regulation)
Example Guest sleeping space, Pool
House, Office
Guest sleeping space, Pool
House, Office
Floor Plan Layout Not specified Open Studio
Configuration
Living Space Yes Yes
Density Calculation Yes Yes
On-site Owner Occupancy Required No Yes
Separate Rental from Primary
Residence
Allowed Not Allowed
Kitchen Facilities No No
Wet Bar Yes, no sink size limit No
Bathroom Facilities (toilet, sink) Yes Yes
Bathroom Facilities (bathing) Yes Yes
Maximum Size 450 square Feet 450 Square Feet
Review Process No Entitlement required,
Building Permit Only
Guest Quarters Permit
with Architectural Review
Guest Quarters
11
Proposed Regulations:
Guest
Quarters
Full Bathroom
Entry/Porch
Secondary Dwelling Units
12
1)No change to existing regulations
Example: Granny Unit (Accessory Dwelling)
Kitchen
Secondary
Dwelling
Unit
Porch
Bathroom
Living/Bedroom
Entry
13
Bedroom Definition
Current Situation
Proposed Amendments
Bedroom Definition
14
1)Illegal conversion of “spaces” into unapproved bedrooms is an
ongoing issue.
2)“Spaces” are designed for easy use as a bedroom or later converted
into an unapproved bedroom:
61 confirmed code cases for unpermitted conversion of “spaces” into
bedrooms (2008 to 2013).
Bedroom Definition
15
2)Current Regulations:
50% open rule, easier conversion after inspection
3)Proposed Regulations (Attachment 1c):
Any space within a dwelling unit with a minimum of 70
square feet of floor area unless it is one of the below
listed rooms or commons spaces:
-Not a bedroom (must be adjacent and open to
common areas):
1.Hallway
2.Bathroom
3.Kitchen/Breakfast Nook
4.Living Room/Family Room/Dining Room
5.Den (open on at least one side, no closet)
6.Loft
7.Laundry Room
50 %
Description: Bedroom Definition
16
Description: Bedroom Definition
17
Description: Bedroom Definition
18
2)Current Regulations:
50% open rule, easier conversion after inspection
3)Proposed Regulations:
Modified Definition:
The Director will determine whether spaces not clearly meeting the
bedroom definition meet the intent of the definition regulation or need to be
forwarded to the Planning Commission for Use Permit review.
19
Initiation of Zoning Amendments
Current Situation
Proposed Amendments
Initiation of Zoning Amendments
20
1)Current Situation:
City Council initiates all Zoning Amendments, but PC advises the
Council.
Adds approximately 4 months and 2 hearings to processing
2)Proposed Amendments:
Streamline the review process
Add PC and Community Development Director to list of those eligible to
initiate Amendments.
Amendments will still need to go through formal approval processes
Summary
21
1)Clearly establish the difference between Accessory Structures,
Guest Quarters, and SDUs
2)Establish discretionary review procedure and performance
standards for regulation of Guest Quarters and Accessory
Structures
3)Discourage and prevent unpermitted conversion of “spaces” into
bedrooms
4)Streamline Zoning Amendment Initiations by adding the PC and
Community Development Director to list of authorities able to initiate
amendments.
Corrections
22
Two land uses added in 2012
inadvertently omitted from last
Zoning Regs update in 2013.
Liquor Store/Alcohol Sales
Restaurant with late hour
alcohol service
Matter of procedure:
These uses need to be formally
reintroduced
Staff recommends these uses be
included along with tonight’s
amendments; adding them back
into Table 9
Recommendation
23
Introduce an ordinance (Attachment 3) to amend Title 17 (Zoning
Regulations) of the Municipal Code with a categorical exemption from
environmental review (CEQA Guidelines Section 15061.b3).