Loading...
HomeMy WebLinkAbout01/05/1999, 2 - REGULATION OF GROUP HOMES AFTER AB 2244council acEnaa REpout C I T Y OF S A N L U I S O B I S P O FROM: Arnold Jonas, Community Develo ment Director �,/� p Prepared By: John Shoals, Associate Planner mmm° s- 91 Im Nr6v z SUBJECT: Consideration of Planning Commission recommendation to approve a negative declaration of environmental impact (ER- 70 -94) and adopt text amendments to the City's Zoning Regulations (TA 70 -94). CAO RECOMMENDATION: Adopt the negative declaration, and introduce an ordinance to print amending various sections of the City's Zoning Regulations. DISCUSSION: Project Description The project involves amending various sections of the City's Zoning Regulations. The proposed zoning text amendments are outlined below and more fully described in the legislative draft (Attachment "B -2'). Proposed amendments are recommended in the following areas: 1. definitions of convalescent hospital, rest home, fraternity house (or sorority house) and multifamily dwellings; 2. non - conforming regulations on property merger requirements and reconstruction of non- conforming multifamily units involuntarily destroyed; 3. parking requirements for bicycles, motorcycles and residential care facilities; 4. secondary dwelling units including unit type, size limitations, parking, written agreement and periodic review requirements; 5. use permit regulations to add food banks and fortunetellers to the use list (Table 9), and to modify use permit requirements for residential care facilities; 6. a minor change to the wording describing maximum density in the C -C zone; 7. General Plan Amendment procedures to be consistent with state law; and 8. miscellaneous amendments. Back ¢ round /Situation Updated in February of 1997, the City's Zoning Regulations need to be amended to insure consistency with the General Plan, to implement recent changes in state law and to reflect recent court decisions. Over the past two years, the Community Development Department has been working with various City Departments and interested parties to put together the Phase III Zoning Regulations Amendments for the Planning Commission's and City Council's review and actions. The Phase III amendments were completed in June of 1998. In August of 1998, City staff meet with the "neighborhood/business group" which consisted of representatives from Residents for Quality Neighborhoods (RQN), the Chamber of Commerce and other business groups to discuss the proposed amendments. While there was general consensus on a majority of the recommended amendments, the group identified several items for Planning Commission discussion and direction. Those items included: the bicycle parking space requirements; the secondary dwelling units regulations; and the intent and purpose of the Planned Development (PD) and Mixed Use (MU) zones. a, - I TA -70-94 Phase III Zoning Regulations Amendments Page 2 On September 23, 1998, the Planning Commission held a study session/workshop to discuss the proposed zoning text amendments as well as the issues identified by the neighborhood/business group, and to take further public input on the draft text amendments. At that study session, the Commission was able to reach consensus on a majority of the proposed text amendments, with the only exceptions being the proposed amendments to the City's secondary dwelling unit requirements, and the requirements for the planned development (PD) and mixed -use (MU) zones. Given the complexity of the issues, it was decided that the PD and MU zone should be looked at separately from this batch of zoning text amendments, possibly after the pending commercial zoning workshops. The Commission also felt that more information on the existing secondary dwelling units in the city was needed before making a recommendation to the City Council, and directed staff to provide more information on the physical condition (i.e., size, parking) and occupancy of the existing permitted secondary units in the city. A copy of the secondary dwelling unit survey is included as Attachment `B-3." Planning - Commission Action On December 2, 1998, the Planning Commission voted three to one (Commissioner Whittlesey opposed) to recommend that the City Council approve the negative declaration and adopt the Phase III Zoning Text Amendments, with modifications. The primary modification made by the Commission was to Section 17.21.040A and B (Secondary Dwelling Units - Performance Standards) which prohibits the establishment of secondary dwelling units on non - conforming lots and on lots where there is a non - conforming structure. The Commission is recommending that these sections be deleted based on the fording that additional parking requirements are directly related to the use of the secondary dwelling unit as experienced throughout the city and due to the intense demand and usage of housing in the city. It should be noted that Commissioner Whittlesey was generally in support of the zoning text amendments, but was opposed to modifying Sections 17.21.040A and B. At the public hearing, the Commission also formulated recommendations on amendments to the City's secondary dwelling unit performance standards for size, parking and processing requirements. Following is a brief discussion on each recommendation. The Planning Commission is recommending that the 10% floor area increase requirement be eliminated and that the 450 square foot floor area limitation remain (Sec. 17.21.030G and I). City Zoning Regulations state: "A second unit shall be attached to the primary unit on a lot and shall be located within the living area of the primary unit. Whenever an increase in floor area is involved, it shall not exceed 10% of the (primary unit's) existing living area" The Commission felt that the 10% floor area restriction makes it difficult for individuals with small homes to construct a secondary dwelling unit of suitable size for an individual to live comfortably. The Commission is recommending that the parking requirement for secondary dwelling units in the R -1 zone remain the same. City Code currently requires two parking spaces for each secondary unit. Staffs original recommendation was to reduce this parking requirement from two spaces to one space for aesthetic and affordability reasons. Staff felt that requiring two parking spaces increases the area of impervious surface and reduces landscaping on residential lots, and that the additional paving adds to the cost of constructing the unit which is an impediment to providing secondary dwelling units consistent with the General Plan and Zoning Regulations. The intent was to bring the parking requirement for secondary dwelling units in- line with that of a typical multifamily development. For example, a 450 sq.ft. studio apartment, which is basically the same size as a secondary dwelling unit, is required to provide one space rather than two spaces. It should, however, be noted that RQN supports the Commission's recommendation on parking as they are concerned with the units being used as student housing which has resulted in parking problems in many single family (R -1) neighborhoods in the city. TA -70 -94 Phase III Zoning Regulations Amendments Page 3 Finally, the Planning Commission is recommending that the City, not the applicant, have the responsibility of informing the property owner of the required periodic reviews for permitted secondary dwelling units. The Commission felt that this would insure that these units are monitored on a regular basis. Planning Commission Resolution No. 5245 is included as Attachment "C." Attachment "D" is a copy of the draft minutes from the December 2 Planning Commission meeting and September 23 study session/workshop. Analysis Staff concurs with the Planning Commission's recommendation. As previously mentioned, state law requires that the City's Zoning Regulations are consistent with the City's General Plan. Adoption of the proposed text amendments will maintain that consistency, and will also reflect changes in state planning, housing and land use law. OTHER DEPARTMENT COMMENTS: The zoning text amendments were distributed to the City Attorney's Office, the Neighborhood Services Manager, and other City Departments. The text amendments have been modified to include their comments. FISCAL IMPACTS: None ALTERNATIVES: The City Council could deny the text amendments, if it finds that the modifications would inconsistent with the general plan or other policy documents. The City Council may continue action, if additional information is needed. Direction should be given to staff. Attachments Attachment "A" - Draft City Council Ordinance Attachment `B" - Planning Commission Staff Report of December 2, 1998 which includes: 1. Initial Study/Negative Declaration ER -70 -94 2. Legislative Draft of the Phase III Zoning Regulations Amendments, with PC modifications and background materials 3. Secondary Dwelling Units Questionnaire and Responses Attachment "C" - Planning Commission Resolution 5245 -98 Attachment "D" - Draft Planning Commission Minutes for December 2, 1998 meeting and the September 23, 1998 study session/workshop. . a -a Attachment "A" ORDINANCE NO. (1999 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING VARIOUS SECTIONS OF THE ZONING REGULATIONS. (TA 70-94) WHEREAS, the Planning Commission conducted a public hearing on December 2, 1998 and recommended approval of certain amendments to the City's Zoning Regulations; and WHEREAS, the City Council conducted a public hearing on January 5, 1999, and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendationof staff; and WHEREAS, the City Council finds that the proposed provisions are consistent with the General Plan and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Negative Declaration of Environmental Impact prepared for the Phase III Zoning Regulations (ER- 70 -94). BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the Negative Declaration prepared for Phase III Zoning Regulations Amendments (TA- 70 -94) addresses the potential significant environmental impacts of the project, and reflects the independent judgement of the City Council. The Council hereby determines that no further environmental review is required. SECTION 2. Sections Amended: Sections 17.04.080,17.04.330,17.04.190,17.12-020, 17.14.020, 17.16.010D, 17.16.060, 17.21.010, 17.21.020, 17.21.030, 17.21.040, 17.21.050, 17.21.060, 17.22 (Table 9), 17.42. 020,17.80. 040, 17.80.050, 17.32.010, 17.36.010 and 17.46.010 of the Zoning Regulations are hereby amended to read as follows: 17.04.080 Convalescent hospital. "Convalescent hospital" means any place, structure, or institution providing for skilled nursing and allied professional health care, or for chronic or convalescent care for one or more persons, exclusive of relatives, in which nursing, dietary or other personal services are rendered to convalescents, invalids, or aged persons, who, by reason of advanced age, chronic illness, or physical infirmity are unable to properly care for themselves, but not including persons suffering from contagious or mental diseases, alcoholism, or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals or sanitariums, is not Ordinance No. (1999 Series) Page 2 provided. Convalescent hospital includes "nursing home" but does not include "rest home," "hospital," or "residential care facility." 17.04330 Rest home. "Rest home" means a residential facility for six or more elderly or infirm persons, all of whom are independently mobile and do not require confinement or regular nursing or medical care on the premises. Rest home differs from a "convalescent hospital" in that it is expected to provide comfort, safety, social participation, and the maintenance of health and activity, but do not provide skilled nursing care for the ill. 17.04190 Fraternity house (or sorority house "Fraternity house" (or "sorority house') means a residence for college or university students who are members of a social or educational association and where such an association holds meetings or gatherings- 17.12.020 Regulations A. If a nonconforming lot has been held in common ownership with any contiguous property at any time since November 18, 1977, and it otherwise meets the requirements for parcel merger under Government code Section 6645 1.11, it may not be individually developed. The area within such a lot may be developed only after it has been merged with contiguous property, or otherwise re- subdivided in conjunction with the contiguous property to create one or more conforming parcels or one parcel which more nearly conforms. 17.14.020 Regulations. A. A nonconforming structure which is damaged to an extent of one -half or more of its replacement cost immediately prior to such damage, may be restored only if trade to conform. However, multifamily residences in some zones may be allowed to be restored at the original density and size, even if the density and size do not conform to current regulations (see Section 17.16.010 E). 17.16.010 Density. D. Density Bonus for Low - income and Moderate- income Housing. Pursuant to California Government Code Section 65915, the City may negotiate a density bonus or other benefits in exchange for provision of housing affordable to households with low or moderate income, as defined in the Government Code, and as stipulated in chapter 17.90 of these regulations. 17.16.060 Parking space requirements. E. Bicycle and Motorcycle Spaces. Each use or development which requires 10 or more spaces shall provide facilities for parking bicycles and motorcycles as follows: 1. Motorcycle Spaces. Parking for motorcycles shall be provided at the rate of one space for each 20 car spaces. Projects which provide more motorcycle spaces than required may reduce the d -5 Ordinance No. (1999 Series) Page 3 required car spaces at the rate of one car space for each five motorcycle spaces, up to a 10% reduction. 2. Bicycle Spaces. Parking for bicycles shall be provided in accordance with Table 6.5. Project which provide more bicycle and/or motorcycle spaces than required may reduce the required car spaces at the rate of one car space for each five bicycle spaces, up to a 10% reduction. All bicycle parking that exceeds the required number of spaces shall be apportioned between short-term and long -term bicycle spaces as stipulated by Table 6.5. TABLE 65 BICYCLE PARKING SPACE REQUIREMENTS Zone Number of bike Minimum % Minimum long- spaces as a short -termb term` bicycle percentage of bicycle spaces spaces. required auto spaces' R -2,R -3 5% 100% d R-4 C -C,C -R 15% 50% 40% C -N O 15% 100/0 80% C -T 5% 10% 80% C -S, M 15% 100/0 80% PF (schools, 1 space per 3 junior high to students college) Park & ride lots 100/0 — 100% a Requirements apply to uses that require 10 or more vehicle parking spaces. When less that %2 space is calculated, one space is required. b "Short-Tenn Bicycle Parking is used by visitors to multi- family housing and by patrons of commercial and institutional uses. Bicycle racks are used to satisfy this need. c "Long - Term" Bicycle Parking is used by employees of commercial and institutional uses and by residents. Fully enclosed lockers are used to satisfy this need. Lockable rooms reserved for bicycle storage and secured parking areas managed by attendants are other acceptable forms. Ordinance No. (1999 Series) Page 4 d. In addition to short-term parking, bicycle lockers or interior space within each dwelling or accessory structure (e.g. garages) should be reserved for the storage of at least two bicycles. TABLE 6 PARKING REQUIREMENTS BY USE Type of Use Number of Off -Street Parldng Spaces Required Dwellings Residential care facilities (State - licensed) 17.21.010 Purpose. R -1 and C/OS: 2 spaces per dwelling, one of which must be covered. All other zones: 1 per studio apartment: 1- %z for first bedroom plus %: for each additional bedroom in a unit, plus 1 for each five units in developments of more than five units. Also see parking reduction paragraphs under 17.16.060. Same as single - family dwelling A. This chapter is intended to implement Government Code Section 65852(.150} and (.2), which allows the City to conditionally permit second dwelling units in residential zones. B. The City intends to regulate second units as permitted by Section 658522(a) of the State Goverment Code, and other applicable sections. C. The City recognizes opportunities to implement certain policies and programs of the City Housing Element of the general plan by providing for and regulating second units. D. Implementation of this chapter is meant to expand housing opportunities for low- income and moderate - income or elderly households by increasing the number of rental units available within existing neighborhoods. Secondary dwelling units are intended to provide livable housing at lower cost while providing greater security, companionship and family support for the occupants. 17.21.020 Definitions. For the purpose of this chapter, the following words and phrases have the meanings given them in this section: A. "Administrativeuse permit" is defined as defined by Chapter 17.58 of this code. B. "Director" means the Director of the Community Development Department or his designate. C. "Nonconforming lot" is defined as defined by Chapter 17.12 of this code. ,2--7 Ordinance No. (1999 Series) Page 5 D. ` Nonconforming use" is defined as defined by Chapter 17.10 of this code. E. "Primary unit" means an existing single - family residential structure that conforms with all zoning regulations m effect, including this chapter. F. "Secondary dwelling unit" means an attached dwelling unit which provides complete independent living facilities for one or more persons and complies with all provisions of this chapter. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary unit is sited. 17.21.030 General requirements. A. Application. Where this chapter does not contain a particular type of standard or procedure, conventional zoning standards and procedures shall apply. B. Areas Where Secondary Dwelling Units are Allowed Upon approval of an administrative use permit and upon meeting other requirements of this section, secondary dwelling units may be established in the following zones: R -1, R -2, R 3, and R-4. C. Areas Prohibited. Secondary dwelling units shall not be established in any condominium or planned development project, or any mobile home subdivision, or trailer park, and under no circumstances shall a secondary dwelling unit be allowed, where in the opinion of the Director, a resource deficiency exists as defined by Chapter 2.44 of this code. D. Owner Occupancy. Either the primary unit or secondary dwelling unit must be owner - occupied. E. No Subdivision of Property. No subdivision of property shall be allowed where a secondary dwelling unit has been established unless the subdivision meets all requirements of Zoning and Subdivision Regulations. Nothing in this section shall prohibit joint ownership of the property where a secondary dwelling unit has been established F. Sale of Property. This section shall also apply to new owners of property where a secondary dwelling unit has been established if the property is sold. All conditions of the use permit, restrictive covenants and other contractual agreements with the City, shall apply to the property and new owners. G. Unit Type Allowed. A secondary dwelling unit shall be attached to or located within the living area of the primary unit on the lot. H. Size of Secondary Dwelling Unit. The gross floor area of the secondary dwelling unit shall not exceed four hundred fifty square feet. The Planning Commission may authorize exception to this standard by use permit upon finding that: 1. The purpose of this chapter is served: 2. Strict compliance with the size limitation would (a) require significant structural modifications that would not be required otherwise: or (b) adversely affect an historic or architecturally significant building. a -$ Ordinance No. (1999 Series) Page 6 17.21.040 Performance standards. A. Design Standards. Secondary dwelling units shall conform to all applicable zoning regulations such as height, yards, parldng, building coverage, etc., except for density requirements as defined by Zoning Regulations. 1. Secondary dwelling units shall conform to all applicable building and construction codes. 2. Nothing in this section prohibits applicants from requesting exceptions or variances from the strict interpretation of Zoning Regulations to the extent allowed by said regulations for any other use. 3. Secondary dwelling units shall be designed as to provide separate living conditions and provide a safe and convenient environment for the occupants. 4. Secondary dwelling units shall also be architecturally and functionally compatible with the primary unit. 17 .21.050 Procedure requirements. Prior to filing building plans with the City Building Division, the following shall be met: A. Permit Requirement The applicant shall apply for and obtain an administrative use permit as defined by Zoning Regulations. B. Architectural Review Required. All requests shall receive architectural review in accordance with the adopted Architectural Review Commission Ordinance and Guidelines. The Director shall determine, upon receiving complete application, whether the proj ect is declared minor or incidental. In the event the Director determines that the project is not minor or incidental, it shall be forwarded to the Architectural Review Commission for review. C. Application Contents. All proposed secondary dwelling unit requests shall be by formal application for administrative use permit and architectural review. D. Additional Requirements. 1. Owners Agreement with the City. The owner shall enter into an agreement with the City, on a form approved by the City Attorney and Community Development Director, agreeing that the property will be owner- occupied. Upon approval of the administrative use permit and architectural review, this agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property of the use and owner occupancy restrictions affecting the property. If owner occupancy is not possible, then the use will terminate, and the structure will be returned to its original condition to the satisfaction of the Director. Property owners receiving approvals for secondary dwelling units and establishing the use pursuant to this section shall also agree to reimburse the City for costs of all necessary enforcement actions. E. Appeal. Appeal procedures for this section shall be the same as set forth for administrative use permits as defined in the City Zoning Regulations. a — 9 Ordinance No. (1999 Series) Page 7 17.21.060 Periodic review - Violations. A. Periodic Review. Use permits shall be subject to review after the first year and each three years thereafter. B. Violations. Violation of any of the provisions shall be basis for revocation of the use permit in accordance with Chapter 17.72 17.22 (Table 9 - Uses Allowed by Zone) Table 9:Uses Allowed by l EMMEOW"FEMEM 1 it • 11 :.. 1 .0 NNy.y Ls' mvjMM-Rw YIRM I 27--li ` "5" ai `�- Food banks and package Ron EMMEOW"FEMEM 1 it • 11 :.. 1 .0 NNy.y Ls' mvjMM-Rw YIRM 5.52, Electronic Game 27--li ` "5" ai `�- _ +{�r BAs ..•,�..... k j�a 3 \� k Food banks and package Ron EMMEOW"FEMEM food distri-bution centers Ls' mvjMM-Rw YIRM aG,c kti aa�, 17.42.020 Property development standards A. Maximum density: 36 units per acre, including dwelling units in hotels and motels, but not including other hotel or motel units (see also Section 17.16.010). 17.80.040 Initiation of amendments - Applications A. Initiation of Amendment by Planning Commission or Council. The planning commission or the council may initiate general plan amendments at any time by directing staff to prepare the necessary analysis and scheduling the proposed amendment for consideration at a hearing, as provided in Section 17.80.050. z -,G Ordinance No. (1999 Series) Page 8 17.80.050 Schedule for amendments. Any element of the general plan may be amended not more than four times each year. Each amendment may include more than one change to the general plan. Such amendments may be scheduled at any time deemed necessary or convenient. The Planning Commission may review individual amendments as often as necessary, but the City Council must consider them in no more than four batches per year, so that cumulative effects of such amendments can be considered. 1732.010 Purpose and application. C. It will be applied as a permanent zone to areas designated "open space' or "park" on the general plan map. It may also be applied to areas designated "interim open space" where development is contingent on prerequisites identified in the general plan text 1736.010 Purpose and application B. The zone is further intended to protect neighboring private uses from potentially incompatible public uses. It will be applied to areas designated "public" and "park" on the general plan map. 17.46.010 Purpose and application The C-S zone is intended to provide for storage, transportation and wholesaling as well as certain retail sales and business services which may be less appropriate in the city's other commercial zones. It will be applied to areas designated "services and manufacturing" on the general plan map, typically those area with more public exposure along arterial streets than places reserved for manufacturing. SECTION 3. Section(s) Added: Sections 17.08.120, 17.04.271, 17.16.010E are hereby added to the Zoning Regulations. Those sections read as follows: 17.08.120 Location of Pool and Pool Equipment A. A swimming pool shall not be located in a required front or side yard. B. A swimming pool shall not be located within five feet of a property line. C. Pool equipment shall not be located in a required front yard or that portion of side yard located between the front lot line and the rearmost portion of the main building. To minimize the potential impact of noise, equipment shall be located not less than ten feet from any window or other opening into a dwelling or other habitable building on an adjacent property. 2 -1I Ordinance No. (1999 Series) Page 9 D. Pool equipment shall be enclosed or screened from street and adjoining property view. 17.04.271 Multifamily dwelling. "Multifamily dwelling means any structure designed for human habitation that is divided into two or more independent living quarters, not including Secondary Dwelling Units as defined in Chapter 17.21. 17.16.010E Density E. Exceptions for Multifamily Dwellings Rebuilt After Involuntarily Destroyed. Multifamily residences in R -1, R -2, R -3, R4, O, C -N, C -C, C -R, C -T and C /OS zones, which have been involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy by more than 50% -of their pre - damaged value, may be rebuilt at the same density and up to the same size, under the following circumstances: 1. All construction must conform to current building codes, zoning regulations, and architectural guidelines, except that the previously- existing number of dwelling units and size of buildings will be allowed. 2. A building permit for the replacement structure(s) must be obtained within three years of the date of the damage or destruction. 3. Notwithstanding the above provisions, application for replacement structures of the same density and size may be denied if the Community Development Director makes one of the following findings: a. The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons living or working in the neighborhood b. The reconstruction, restoration, or rebuilding will be detrimental or injurious to property and improvements in the neighborhood c. The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted- d. There no longer exists a zone in which the existing nonconforming use is permitted SECTION 4. Section(s) Deleted: Sections 17.21.040A and B, 17.21.0501)(2) of the Zoning Regulations, and Section 9.20.0 10 of the Municipal Code are hereby deleted. A -J.0 Ordinance No. (1999 Series) Page 10 SECTION 5. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the day of . 1999, on a motion of . seconded by , and on the following roll call vote: AYES: NOES: ABSENT: ATTEST: Lee Price, City Clerk VED: City Attorney Jeff Jorgenseff Mayor a. - 13 Attachment "B" CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF REPORT ITEM # 2 BY: John Shoals, Associate Planner MEETING DATE: December 2, 1998 FROM: Pam Ricci, Acting Development Review Manager P(Z FILE NUMBER: TA 70-94 PROJECT ADDRESS: Citywide SUBJECT: Phase III Zoning Text Amendments SUMMARY RECOMMENDATION: Recommend that the City Council approve the negative declaration. of environmental impact (ER- 70 -94) and adopt the Phase III Zoning Text Amendments. BACKGROUND: Situation On September 23, 1998, the Planning Commission held a study session/workshop to discuss the proposed zoning text amendments. After substantial discussion, the Commission reached consensus on a majority of the proposed text amendments. The Commission did not, however, reach consensus on the proposed amendments to the City's secondary dwelling unit requirements, and the planned development (PD) and mixed -use (MLT) zones. The Commission felt that the PD and MU zones should be looked at separately from this batch of zoning text amendments, possibly after the pending commercial zoning workshops. The Planning Commission also decided that the proposed amendments to the secondary dwelling unit regulations could be resolved during the public hearing, and directed staff to provide more information on the physical condition (i.e., size, parking) and occupancy of the existing permitted secondary units within the city. Staff has revised the text amendments, collected the additional information requested by the Planning Commission, and is bringing the Phase III Zoning Regulations Amendments back to the Commission for its consideration. The Planning Commission's role is to review the proposed Zoning Regulations amendments, and make a recommendation to the City Council. A copy of the proposed zoning text amendments are attached. Data Summary Applicant: Citywide Representative: City of San Luis Obispo Existing Zoning: Regulations affect all zones Existing General Plan Land Use Designation: All Land Use Element designations Environmental Status: Level of environmental review to be determined based on final text amendments. Final action on the initial study will be taken by the City Council. Project Action Deadline: Legislative actions not subject to processing deadlines. a -14 TA 70-94 Zoning Text Amendments Page 2 EVALUATION As previously mentioned, the Planning Commission reached consensus on a majority of the proposed zoning text amendments, with the exception of the proposed changes to secondary dwelling units regulations. The primary issues were the size limitations and parking requirements for secondary dwelling units. Size of Secondary Dwelling Units Zoning Regulations presently require a secondary dwelling unit to be attached to the primary unit, provided it be located within the living area of the primary unit Whenever, an increase in floor area of the primary residence is involved, the increase shall not exceed 10% of the existing living area In addition, the Zoning Regulations limit the gross floor area of the second unit to 450 square feet At the study session, several Commissioners expressed a concern with the 10% gross floor area restriction contained in the existing Zoning Regulations. Their concern was that the 10% floor area restriction makes it difficult for individuals with small homes to construct a secondary dwelling units of suitable size for an individual to live comfortably. In response to this concern, the Planning Commission felt that the 10% floor increase maximum should be eliminated and the 450 square feet limitation should remain. RQN agreed with this conclusion. Secondary Dwelling Units Parking Requirements Secondary dwelling units in the R -1 are required to provide two (2) parking spaces, but only one (1) parking space in the R -2 zone. The proposed text amendment would change the parking requirement for secondary dwelling units in the R -1 zone to be the same as a dwelling unit in the R -2 zone (1 space). It is staff s belief that requiring secondary units (in the R -1 zone) to provide two spaces limits the unit's affordability, and results in additional paving on residential properties (i.e., a 20' x 20' space versus a 10' x 20' space). Staff believes that the one space would be sufficient to address parking for secondary dwelling units. Representatives for RQN are concerned with student parking, and they would like to keep the current parking requirement (two spaces) for secondary dwelling units. The Commission was split on this issue. Several of the Commissioners appeared to be in support of keeping the parking requirement at two spaces rather one space, while others felt that requiring an additional space would affect the cost of constructing a secondary unit for a family member as well the property's aesthetics. There was no clear consensus on this issue. The Planning Commission needs to decide on the appropriate parking requirement for secondary dwelling units in the R -1 zone (Current regulations require two spaces where one space is recommended by staff). 2--15 TA 70-94 Zoning Teat Amendments Page 3 Survey of Secondary Dwelling Units According to City records, there are 17 permitted secondary dwelling units in the city. In November of 1998, the Community Development Department mailed out questionnaires to the owners of these permitted units in an effort to find out how they are being used. While less than 50% responded, staff did receive seven completed questionnaires. Staff found that the primary residential units ranged in size from 1,200 to 2,500 square feet (an average of 1900 sq.ft.) with secondary units ranging in size from 450 sq.ft. to 700 sq.ft. Six out of the seven respondents indicated that their secondary dwelling units are within the primary residence. Parking was mixed. Units with only one space indicated that the space was used on a consistent basis, while units with two or more parking spaces indicated that the spaces were not routinely used. A majority of the units are not currently being used by family members, but had been occupied by a family member in the past with future plans to have a family member occupy the secondary unit. Only two of the owners had requested a three -year review. A copy of the questionnaire and responses are attached. OTHER DEPARTMENT COMMENTS: The zoning text amendments were distributed to the City Attorney's Office, the Neighborhood Services Manager, and other City Departments. The text amendments have been modified to include their comments. ALTERNATIVES: The Planning Commission could recommend denial of the text amendments, if it finds that the modifications would inconsistent with the general plan or other policy documents. The Planning Commission may continue action, if additional information is needed. Direction should be given to the applicants and staff. RECOMMENDATION Recommend that the City Council approve the negative declaration of environmental impact (ER- 70-94) and adopt the Phase III Zoning Text Amendments. Attached: Initial Environmental Study/Negative Declaration Phase 3 Zoning Text Amendments and Legislation on Residential Second Units Secondary Dwelling Units Questionnaire and Responses iFi�l Ili& ATTACHMENT 1 city of s tuis oBispo 990 Palm Street, San Luis Obispo, CA 934013249 INITIAL STUDY ER 70-94 (Citywide) 1. Project Title: Phase III Zoning Regulations Amendments 2. Lead Agency Name and Address: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 -3249 3. Contact Person and Phone Number: John Shoals, Associate Planner 4. Project Location: Citywide 5. Project Sponsor's Name and Address: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93403 6. General Plan Designation: Citywide 7. Zoning: Citywide 8. Project Description: Text amendments to various sections of the City of San Luis Obispo's Zoning Regulations dated February 21, 1997. The project involves minor modifications to: zoning definitions, non - conforming regulations, density regulations, motorcycle and bicycle parking regulations, secondary dwelling unit requirements, land use regulations, use regulation and the table of allowed uses, commercial zoning standards, general plan amendment procedures and miscellaneous amendments. A copy of the recommended text amendments are included as Attachment 1. The intent of these text amendments is to ensure that the City's Zoning Regulations are consistent with the General Plan; implement recent changes in State law; and reflect recent court decisions. 9. Project Entitlements Requested: Zoning text amendment Environmental review ©The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. A-1-7 10. Surrounding Land Uses and Settings: Citywide 11. Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement): None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the. following pages. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the Land Use and Planning environment, and a NEGATIVE DECLARATION will be prepared. Biological Resources I find that although the proposed project could have a significant effect on the Aesthetics environment, there will not be a significant effect in this case because the mitigation Population and Housing measures described on an attached sheets have been added to the project. A Energy and Mineral Resources MITIGATED NEGATIVE DECLARATION will be prepared. Cultural Resources I find that the proposed project May have a significant effect on the environment, and Geological Problems an ENVIRONMENTAL IMPACT REPORT is required. Hazards I find that the proposed project MAY have a significant effect(s) on the environment, Recreation but at least one effect (1) has been adequately analyzed in an earlier document Water pursuant to applicable legal standards, and (2) has been addressed by mitigation Noise measures based on the earlier analysis as described on attached sheets, if the effect Mandatory Findings of Significance is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated." An Air Quality ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects Public Services _ Transportation and Circulation Utilities and Service Systems DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the X environment, and a NEGATIVE DECLARATION will be 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 sheets have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project May have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed 2 a -ib 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 all potentially significant effects (1) have been analyzed in an earlier EIR pursuant to applicable standards and (2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed October 13, 1998 SWit ur Date Ronald Whisenand, Development Review Manager For Arnold Jonas, Community Development Dir. EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact° answers that are adequately supported by the information sources a lead agency cites in the analysis in each section. A "No Impact° answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A °No Impact" answer should be explained where it is based on project - specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project- level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross- referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 3 2-19 Issues and Supporting Informatiot. sources Sources I Poten. Potentially Signif ER 70-94 Phase III Text Amendments LWM significant Issues Unless Zoning Regulations mitigation Significant I Impact Impact 1. LAND USE AND PLANNING - Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable. environmental plans or 1,2 1 X X policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the X vicinity? d) Affect agricultural resources or operations (e.g. X impact to soils or farmlands, or impacts from incompatible land uses? X e) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? The text amendments will ensure that the City's Zoning Regulations are consistent with the General Plan which was updated in April of 1997. 2. POPULATION AND HOUSING - Would the proposal: a) Cumulatively exceed official regional or local X population projections? b) Induce substantial growth in an area either X directly or indirectly (e:g. through projects in an undeveloped area or major infrastructure? c) Displace existing housing, especially affordable X housing? The text amendments will not impact population and housing because they will not change the existing residential densities specified in the General Plan Land Use Element. 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? e) Landslides or mudflows? f) Erosion, changes in topography or unstable soil X X X X X X conditions from excavation, grading, or fill? g) Subsidence of the land? h) Expansive soils? i) Unique geologic or physical features? X X X The project will not expose people to geologic hazards because it will not modify the City policy on development in areas with high geologic sensitivity. a -A 0 Issues and Supporting Information Sources sonar Potent. Potentially Less 'r o ER 70-94 Phase III Text Amendments or the rate and amount of surface runoff? Signif. significant Impact Issues Udess unless Impact X Zoning Regulations hazards. such as flooding? mitigation Ineorpor; X 4. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, X or the rate and amount of surface runoff? X b) Exposure of people or.property to water related hazards. such as flooding? X c) Discharge into surface waters or other alteration of surface water qualiity(e g. temperature, dissolved oxygen orturbidity? X d) Changes in the amount ofsurface water in any water body? X e) Changes in currents, or the. course or direction of water movements ?. X f) Change in the.quantbdy of. °ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? X g) Altered direction or rat&of.flow.of groundwater? X h) Impacts to groundwater quality? X I) Substantial reduction-in the amount of groundwater otherwise available for public water supplies? No impacts to water resources will occur as the project does not involve modifications to the City's policies on water and drainage. 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to X an existing or projected air quality violation (Compliance with APCD Environmental Guidelines)? X b) Expose sensitive receptors to pollutants X c) Alter air movement, moisture, or temperature, or cause any change in climate? X d) Create objectionable odors? The project will not impact air quality as it does not involve any amendments to City policy on air pollution, nor will it generate additional sources of air pollution. 6. TRANSPORTATION /CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? X X b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment))? X c) Inadequate emergency access or access to nearby uses? -1-or Issues and Supporting Informatiot, sources Sources Poton. ER 70-94 Phase III Text Amendments h rsmes wa Zoning Regulations Potrntially Las Than No Signifcant Significant Lnpact UnIMS impact I mitigation Incorporated alternative transportation (e.g. bus turnouts, d) Insufficient parking capacity on -site or offosite? e) Hazards or barriers for pedestrians or bicyclists? fl Conflicts with adopted policies supporting X X X alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterbome or air traffic impacts (e.g. X compatibility with San Luis Obispo Co. Airport . Land Use Plan) The project is a text amendment, and therefore will not in itself create any effects on transportation or circulation. 7. BIOLOGICAL RESOURCES. Would the;proposal affect: a) Endangered, threatened or rare species or their X habitats (including but not limited: to plants, fish, insects, animals or birds)? b) Locally designated species (e.g. heritage trees)? c) Locally designated natural communities (e.g. oak. X X forest, coastal habitat, etc.)? X d) Wetland habitat (e.g. marsh, riparian and vernal pool? e) Wildlife dispersal or migration corridors? X No biological impacts would occur as no specific site is under consideration. 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? b) Use non - renewable resources in a wasteful and X X inefficient manner? c) Result in the loss of availability of a known X mineral resource that would be of future value to the region and the residents of the State? The project will conflict with City energy conservation plans. 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of X hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? b) Possible interference with an emergency X response plan or emergency evacuation plan? c) The creation of any health hazard or potential X health hazard? d) Exposure of people to existing sources of X potential health hazards? e) Increased fire hazard in areas with flammable X brush, grass or trees? Mn hM7nrdnus imnar:ts would occur as no specific site is under consideration. a -ate Issues and Supporting Information oources Sources Pot. Potentially L= Than No ER 70-94 Phase III Text Amendments signif significant sigaificam impact Implementation of the text amendments will not conflict with the City's Noise Element and Noise Ordinance. 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: !sue UrJcss impact Zoning Regulations X mitigation X Incorporated X 10. NOISE. Would the proposal result in: a) Increase in existing noise levels? b) Exposure of people to "unacceptable° noise levels as defined by the San Luis Obispo General Plan Noise Element? X X Implementation of the text amendments will not conflict with the City's Noise Element and Noise Ordinance. 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire. protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other governmental services? X X X X X The project will not impact public services as no specific site is under consideration. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result.in a need for new . systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Local or regional water supplies? X X X X X X X The project will not impact utilities systems as no specific site is under consideration. 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? X X X No impacts to aesthetics would occur with implementation of the zoning text a_ mendments. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Affect historical resources? d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the potential impact area? X X X X X The project will not impact cultural resources as no specific site is under consideration. a -k Issues and Supporting Information Sources ER 70-94 Phase III Text Amendments Zoning Regulations Signif. Significant Significant Impact Issues Unless Impact mitigation 15. RECREATION. Would-the proposal: a) Increase the demand for neighborhood or X regional parks or other recreational facilities? b) Affect existing recreational opportunities? X No impacts to recreational facilities and programs will occur with implementation of the zoning text amendments. 16. MANDATORYTINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade. X the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of :a rare or endangered plant or animal or eliminate important examples of the major periods..of.Califomia history or prehistory? Implementation of the Phase III Zoning Text Amendments will not degrade the quality of the environment. b) Does the project have the potential to achieve X short-term, to the disadvantage of long -term, environmental goals? Short- and long -term goals are the same. c) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects) No cumulative impacts are expected to occur from implementation of the zoning text amendments. d) Does the project have environmental effects X which will cause substantial adverse effects on human beings, either directly or indirectly? See discussions above. a -a1+ 17. EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. No earlier analysis was used. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. No earlier analysis was used. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier-document and the extent to which they address site - specific conditions of the project. No earlier analysis was used. Authority: Public Resources Code Sections 21083 and 21087. Reference: Public Resources Code Sections 21080 (c), 21080.1, 21080.3, 21082.1, 210839 21083.3, 21.093, 321094, 21151; Sundstrem v. County of Mendocino, 202 Cal. App. 3d 296 (1988); Leonofff v. Monterey Board of Supervisors, 222 Cal. App. 3d 1337 (1990). 18. SOURCE REFERENCES 1. General Plan Digest, City of San Luis Obispo, 1997 2. Zoning Regulations, City of San Luis Obispo, February 1997 .") _ :3 r Attachment 2 LEGISLATIVE D R A F T OF ZONING REGULATIONS AMENDMENTS: PHASE III Also including Municipal Code amendments related to zoning Comments are in italics, Deleted text is fined ut and Added text is .shaded: I. DEFINITIONS A. Care Homes: A change to the definition of "convalescent hospital " and "rest home " was prompted by the need to distinguish them from a "residential care facility. " 17.04.080 Convalescent hospital. "Convalescent hospital"-mea �L 17.04330 Rest home. "Rest home" means a residential facility for six or more elderly or infirm persons, all of whom are eatery independentlymob'ife- and do not require confinement or regular nursing or medical care on the premises. ResFfiome3i11'ers fivsi a"convaTescenffiospzfaTr iii-flidt-A is expec d to pro`vi3e coinfo safety; social participation and the. mainte_nan_ ce of health and activity, but do not provide skilled nursing care for the ill.— B. Fraternities /Sororities: The City's definition of fraternity was recently challenged in court. The judge "interpreted" the definition to mean that "occupancy" means "residence" and "and/or " means "and", and we were encouraged to make these changes officially. 17.04.190 Fraternity house (or sorority house). "Fraternity house" (or "sorority house") means a residence -for died by sip; a college or university students who are members of a social or educational association and r w where such an association holds meeetings:or gatherings. Q_ -a.0 Legislative Draft TA -70 -94 Phase III Zoning Regulations Amendments Page 2 C. Multifamily dwellings: A change in State law (see item II B. below) allows the rebuilding of multifamily dwellings destroyed by fire, other catastrophic events, or the public enemy. We currently don't have a definition of "multifamily dwelling. " A new definition is appropriate in order to clearly apply this new law. jimandly M,9.7' IL NONCONFORMING REGULATIONS A. Nonconforming Lots: A court case (Morehart vs co. of Santa Barbara) prompted this change to the regulations that clarifies property merger requirements. Santa Barbara had similar merger restrictions to ours. 17.12.020 Regulations A. If a nonconforming lot has been held in common ownership with any contiguous Ur- property at any time since November 18, 1977, and' otherwise m6e—M i : emenfs f� parse_ ;: ;erg.,.�_,undep B7C eminent: code `5®ction:;66451 1 -I it may not Ee` individually �Cm - g deve o ed The area within such a oI mmay lie �d'eveloped only after it has been merged with contiguous property, or otherwise resubdivided in conjunction with the contiguous property to create one or more conforming parcels or one parcel which more nearly conforms. B. Nonconforming Structures: Government Code Code Section 65852.25 requires the City to allow nonconformingmultifamilystructures to be rebuilt at their original size and density, if they are involuntarilydestroyed. Also note new definition of "multifamily dwelling" in item I C above. 17.14.020 Regulations. A. A nonconforming structure which is damaged to an extent of one -half or more of its replacement cost immediately prior to such damage, may be restored only if made to conform. FIowever mt�li fi aft`milyresi ences iii ome`zories may "be allowed t- be:restor� at; tfie _ ongmal' density. and: size;._even if, the:: deasity�and: size do -.not; conform`: to.current; regulations.( seeSection1716 .O10E),``.____._._. III. DENSITY REGULATIONS Government Code Code Section 65852.25 (referenced in item II B above) allows rebuilding of multifamily residences that are destroyed to their pre- existing density . The following changes x_1-1 Legislative Draft TA -70 -94 Phase III Zoning Regulations Amendments Page 3 provide the exception language needed to implement this statute as well as provide a clean -up reference to the City's affordable housing regulations. A copy of the legislation is attached 17.16.010 Density. D. Density Bonus for Low - income and Moderate- income Housing. Pursuant to California Government Code Section 65915, the City may negotiate a density bonus or other benefits in exchange for provision of housing affordable to households with low or moderate income, as defined in the Government Code;.: an` §§ - ,sfip ..... in: c ... :. _ . 9 :1 .. ons. All - n n must orm' g cedes;�zonmg. reg. ., ons :and h+*�fi;;�l gnidelmes, except:thatFthe_; previou§ly- existngnumlier ofdwellmg °units and size of buildiiigs w-'li l be allowed 2. A-b-O of.the date 3. i.tob5 oebn wdf e den`mentalo njunous to- tfi - -' health,saf`ety, orgwefare of persons living or working in the neighborhood: b —Tlie recons6uction, restoration, .or reTut1ding Wi -i -be de�iinehW or:tpun`oustoo — property and improvements in the neighborhood - .._. c:.... The existing iloncoiifoiirting' -use of- 'tfie- biidding'�or - structure wo - more' - -- appr natelymovedto a zone in which the use is permitted d There no 10 er eadsts a zone to whierti the existing aonco _oimtiig use is peanut- _ _ IV. PARKING REGULATIONS E. Bicycle Facilities: The Bicycle Transportation Plan, October 1993, (BTP) puts forth the goals and policies of the City's Circulation Element of the General Plan. This adopted plan includes a chart requiring bicycle parking as a percentage of automobile parking spaces. Implementation of this plan involves the chart's inclusion in the zoning regulations thereby maintainingconsistency with the City's General Plan.. a -aE 1. Legislative Draft TA-70-94 Phase III Zoning Regulations Amendments Page 4 17.16.060 Parldng; space requirements. R--2;R-3" R-4 C-N 0.- C�T-- PF - 777--- SCffOOw jil mdjr Singh::.-to. . Spa PC;-;en required-..­ Sp cee.-'.-. 50/1V 1-501a-' 5O/o7' T50/c- .pa per students �9� K --aces aw SOVO- I ova-, 1 OOK- F--" term` !p1c.es-, A 405/4— 800/0- sow- 800K-- NP�O 2 a-49 Legislative Draft TA -70 -94 Phase III Zoning Regulations Amendments Page 5 B. Parking for Residential Care Facilities: State law prohibits cities from discriminating against residential care facilities for "protected classes ". Requirements for such homes can be no more restrictive than those for residences. (AB 2244). Refer to attached memorandum dated June 23, 1994 from City Attorney's Office. TABLE 6 PARKING REQUIREMENTS BY USE Type of Use Required Dwellings Residential care facilities 4ess then six ideaf(state- licensed) Number of Off - Street Parking Spaces R -1 and C /OS: 2 spaces per dwelling, one of which must be covered. All other zones: 1 per studio apartment: 1- '/2 for first bedroom plus '/: for each additional bedroom in a unit, plus 1 for each five units in developments of more than five units. Also see parking reduction paragraphs under 17.16.060. Same as single - family dwelling a--3o Legislative Draft TA -70 -94 Phase III Zoning Regulations Amendments Page 6 V. SECONDARY DWELLING UNITS A. A few clean -up items are proposed for the City's secondary dwelling unit regulations. First, there has been some confusion in the past with the term "Second Residential Units" when making the distinction between these accessory dwelling units and second "primary" units on larger residential lots. B. State law (California Government Code Section 65852.150 and 65852.2) says that parking requirements for second units can not be greater than one space per unit, except when "additional parking requirements are directly related to the use of the second unit and are consistent with existing neighborhood standards applicable to existing dwellings. " Our desire is to comply with this requirement by using the multifamily parking requirements for second units, which in most cases is one space per unit. Chapter 17.21 UNITS Sections: 17.21.010 Purpose. 17.21.020 Definitions. 17 .21.030 General requirements. 17.21.040 Performance standards. 17 .21.050 Procedure requirements. 17 .21.060 Periodic review - Violations. 17.21.010 Purpose. A. This chapter is intended to implement Government Code Section 65852(.150)-, and (2), which allows the City to conditionally permit second dwelling units in residential zones. B. The City intends to regulate second units as permitted by Section 65852.2(a) of the State Government Code, and other applicable sections. C. The City recognizes opportunities to implement certain policies and programs of the City Housing Element of the general plan by providing for and regulating second units. D. Implementation of this chapter is meant to expand housing opportunities for low- income and moderate - income or elderly households by increasing the number of rental units available within existing neighborhoods. Secondary3wegN units are intended to provide liveable housing at less Iower cost while providing greater security, companionship and family support for the occupants. ,0 -AI Legislative Draft TA -70 -94 Phase III Zoning Regulations Amendments Page 7 17.21.020 Definitions. For the purpose of this chapter, the following words and phrases have the meanings given them in this section: A. "Administrative use permit" is defined as defined by Chapter 17.58 of this code. B. "Director" means the Director of the Community Development Department or his designate. C. "Nonconforming lot" is defined as defined by Chapter 17.12 of this code. D. "Nonconforming use" is defined as defined by Chapter 17.10 of this code. E. "Primary unit" means an existing single - family residential structure that conforms with all zoning regulations in effect, including this chapter. F. "Secondary - -weld unit" means an attached dwelling unit which provides complete independent living !acilities for one or more persons and complies with all provisions of this chapter. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary unit is sited. 17.21.030 General requirements. A. Application. Where this chapter does not contain a particular type of standard or procedure, conventional zoning standards and procedures shall apply. B. Areas Where Secondary — Dwelling Units are Allowed. Upon approval of an administrative use peHfi Ed3 Epon meeting other requirements of this section, secondary dvveIim`g units may be established in the following zones: R- I, R -2, R -3, and R-4. C. Areas Prohibited. Secondary _dwelling units shall not be established in any condominium or planned development project, or any mobile home subdivision, or trailer park, and under no circumstances shall a secondary'3w0Iing unit be allowed, where in the opinion of the Director, a resource deficiency exists as defined by Chapter 2.44 of this code. D. Owner Occupancy. Either the primary unit or secondary_ dwelling unit must be owner - occupied. E. No Subdivision of Property. No subdivision of property shall be allowed where a secondary dwelling unit has been established unless the subdivision meets all requirements of Zoning and — Subdivision Regulations. Nothing in this section shall prohibit joint ownership of the property where a secondary aweIItng unit has been established. F. Sale of Property. This section shall also apply to new owners of property where a secondary dweIltng unit has been established if the property is sold All conditions of the use pert, restrictive covenants and other contractual agreements with the City, shall apply to the property and new owners. a-3Z Legislative Draft TA -70 -94 Phase III Zoning Regulations Amendments Page 8 G. Unit Type Allowed. A secondary' -'d unit shall be attached to orFlocat6d alma the Irving area of the primary unit on the lot the Pte. When- w—cer- im; i a ., ft,,.._ .._e,.: ,e1*e it shall net , ee 10% ..r the existing lMag afea: H. Size of Secondary"' -Dwe Unit. The gross floor area of the secondary we - unit shall not exceed four fiundr- e3-fifty square feet. The Planning Commission may autfiorize exception to this standard by use permit upon finding that: 1. The purpose of this chapter is served: 2. Strict compliance with the size limitation would (a) require significant structural modifications that would not be required otherwise: or (b) adversely affect an historic or architecturally significant building. 17.21.040 Performance standards. K-Q Design Standards. Secondary: dwelling units shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc., except for density requirements as defined by Zoning Regulations. - 1. Secondary dwelltng units shall conform to all applicable building and construction codes. — -- 2. Nothing in this section prohibits applicants from requesting exceptions or variances from the strict interpretation of Zoning Regulations to the extent allowed by said regulations for any other use. 3. Second-ary�7m7 '-- units shall be designed as to provide separate living conditions and provide a safe and convenient environment for the occupants. 4. Secondary, -, elhin units shall also be architecturally and functionally compatible with the primary unit 17.21.050 Procedure requirements. Prior to filing building plans with the City Building Division, the following shall be met: �_- 33 Legislative Draft TA-70-94 Phase III Zoning Regulations Amendments Page 9 A. Permit Requirement. The applicant shall apply for and obtain an administrative use permit as defined by Zoning Regulations. B. Architectural Review Required. All requests shall receive architectural review in accordance with the adopted Architectural Review Commission Ordinance and Guidelines. The Director shall determine, upon receiving complete application, whether the project is declared minor or incidental. Iii thd &,�enttml. �uw Me pjrqj2!�tis I i '���e Architecti Review i2-0M—M*—SSion for review. 7��ifsof be- 1rall'! C. Application Contents. All proposed secondaty•d*&ftj unit requests shall be by formal application for administrative use permit and arclit­ . review. D. Additional Requirements. 1. Owners Agreement with the City. The owner shall enter into an agreement with the City, on a form approved by the City Attorney kiWC6frim—UUM5���--'We tTW660E�' j9pnRk agreeing that the property will be owner-occupied. pwnqg.,ocqqpanc; ctions affecting-theTrolperty. it owner occupancy is not possinie, I- y rds tri iliEM�e —u�wil terminate, an-8EC�s��c e 11­b8 returned to its original condition to the satisfaction of the Director. Property owners receiving approvals for secondary dwelling units and establishing the use pursuant to this section shall also agree to reimburse the City for costs of all necessary enforcement actions. E. Appeal. Appeal procedures for this section shall be the same as set forth for administrative use permits as defined in the City Zoning Regulations. 17.21.060 Periodic review - Violations. A. Periodic Review. Use permits shall be subject to review after the first year and each three years thereafter. It shll he Fespensibility of the pr-epei:o, wh%er- to inkiat Feview and pay applicable fees-. B. Violations. Violation of any of the provisions shall be basis for revocation of the use permit in accordance with Chapter 17.72 n -'A 4 ...... . ....... lip: E. Appeal. Appeal procedures for this section shall be the same as set forth for administrative use permits as defined in the City Zoning Regulations. 17.21.060 Periodic review - Violations. A. Periodic Review. Use permits shall be subject to review after the first year and each three years thereafter. It shll he Fespensibility of the pr-epei:o, wh%er- to inkiat Feview and pay applicable fees-. B. Violations. Violation of any of the provisions shall be basis for revocation of the use permit in accordance with Chapter 17.72 n -'A 4 Legislative Draft TA -70 -94 Phase III Zoning Regulations Amendments Page 10 VL LAND USE MATRIX (TABLE 9) CHANGES A. Reference error (Amusement arcades) B. Residential Care Facility conformance with state law - note that we cannot apply more stringent requirements to these facilities than we do to dwellings. Therefore, we cannot require a use permitfor a licensedfacility no matter how many occupants. C. Addition offood banks to use list D. Addition offortunetellersto use list Table 9 -Uses Allowed by R -1 R -2 1 R-4 :C-/OS O" PF C -N C -C C -R C -T C -S M Zone RG D 42G 1 I I I Amusement arcades A A A A A A D D A A A (video games, see Chapter RG D 42G FG D 5.52, Electronic Game Amusement Centers & . 17.08.4 29 060) 11 ' - ----_®OMMO--■ I Residential care facilities (State Licensed) 6 fewer- residents A A A A A A A/D A/D A/D D Residential a o f vilifies RG D 42G FG D J -3g* Legislative Draft TA -70-94 Phase III Zoning Regulations Amendments Page 11 VII. COMMERCIAL ZONING DISTRICT STANDARDS Recent review by the courts of the City's commercial districts has identified a discrepancy between the City's commercial zones. The following modification will make the discussion of density in the C-C zone consistent with the language contained in the C -R and C -T zones. A. Central- Commercial(C -C) Zone 17.42.020 Property development standards The property development standards for the C -C zone are as follows: A. Maximum density: 36 units per acre; inc . gti we,_ _ g �t&m�_. hotels an ..mo a .... ..; n--Qt mq nai:" g%q_herho or motel units (see also Section 17.16.6x0). VIII. GENERAL PLAN AMENDMENT PROCEDURES The General Plan amendment procedures are somewhat inconsistent with State planning law which allows a city to amend anyone general plan element up to four time per year. Our current regulations allow three regularly scheduled amendments with a fourth 'floating" amendment possible. The time period and hearing schedule however, do not provide staff, the Commission, and City Council sufficientflexibility. Staff is proposing to have our standardsparallel State law. 17.80.040 Initiation of amendments - Applications A. Initiation of Amendment by Planning Commission or Council. The planning commission or the council may initiate general plan amendments at any time by directing staff to prepare the necessary analysis and scheduling the proposed amendment for consideration at a hearing, as provided in- subseetiens A and Section 17.80.050. 17.80.050 Schedule for amendments. 1-36 Legislative Draft TA -70 -94 Phase III Zoning Regulations Amendments Page 12 Aiiy element of the genetal'plan may be_ amended not more than four times each year. Eaad entA'p g - dude more Than one..-c_ ... e.; .:.. . gft Such amendments may be scfiedu-Te at ariy time deemed necessary or convement. ! ommission- mar-review' 1=vi W*M as DL MISCELLANEOUS AMENDMENTS A. Changes to terminology to reflect changes in general plan terminology Chapter 1732 Conservation/Open Space (C /OS) Zone 1732.010 Purpose and application. C. It will be applied as a permanent zone to areas designated " " o or "park" on the general plan map. It may also be applied to areas designated 4:intenm open'.sp_ace,; where development is contingent on prerequisites identified in the general4p5in'text.t. Chapter 1736 Public Facility (PF) Zone 1736.010 Purpose and application B. The zone is further intended to protect neighboring private uses from potentially incompatible public uses. It will be applied to areas designated "ptblielsemipu "pub7tc and "park" on the general plan map. Chapter 17.46 Service - Commercial (C-S) Zone 17.46.010 Purpose and application -7 -?7 Legislative Draft TA -70 -94 Phase III Zoning Regulations Amendments Page 13 The C -S zone is intended to provide for storage, transportation and wholesaling as well as certain retail sales and business services which may be less appropriate in the city's other commercial zones. It will be applied to areas designated " industfial" seryices'and ' on the general plan map, typically those areas with more public sure a ong al streets than places reserved for manufacturing. B. This amendment, which was approved in 1993, was subsequently deleted (accidentally) in a later zoning regulations revision. We are putting it back in again. C uuu .�. tills. . .r,Yi iei�. u. �.e u �Ulpm- S. _ _:.On g.. -, o SCreen _. . nl.___" -..: _ C. A court case (Spiritual Psychic Science Church v. Azusa) no longer allows cities the option to prohibitfortunetellingaltogether (also see change to table 9, above) Ne e e ,. fee, a tie -t, a c _ . ..a..e frog e sh..n ask er- � s g tea.,. e pe4misay, e phmfielegy, medium or- like eFafty � .ided, that the sha4l of apply .he e the is ea ed on as a .t of an . e a -3$ Ch. 742, § 1 STATUTES OF 19. 257" -5. (a) The director and the persons emliloy6d by the department for the admjnistrai tion and enforcement of this division are peace officers in the enforcement of the Pe»a1 Provisions of this division, the miles of t]je d6partrnent adopted under the provisions of this division, and any other penal provisions of law of this state prohibiting or regulating the exposing for sale, use, possession, giving away, adulteration, dilution, misbranding mislabeling of alcoholic beverages or intoxicating liquors, and these persons are authorized,'• while acting as peace officers, to enforce any penal provisions of law while in the course.of their employment (b) The director, the persons employed by the department for the administration anti enforcement of this division, peace officers listed in. Section 830.1 of the Penal Code, and those officers listed in Section 830.6 of the Penal Code while acting in the course and scope of their employment as peace officers may, in enforcing the provisions of this division, visit and inspect the premises of any licensee at any time during which the licensee is exercising the Privileges authorized by his or her license on the premises. _ (c) Members of the . California State Police Division. memhers of t1,o tt,,:..n, ;4. _. ­F � =6 of rarxs ana icecreanon, as defined in subdivisions (b), (c), (d), and (g) of Section 8302 of the Penal Code, may, in enforcing the provisions of this division, visit and inspect the premises of any licensee located on state property at any time during which the licensee is exercising the privileges authorized by his or her license on the premises. (d) Any agents assigned to the Drug Enforcement Narcotics Team by the director shall have successfully completed a four -week course on narcotics enforcement approved by the Commission on Peace Officer Standards and Training. In addition, all other agents of the department shall successfully complete the four -week course on narcotics enforcement approved by the Commission on Peace Officer Standards and Training by June 1, 1995. SEC. 2, Section 219. of the Code of Civil Procedure is amended to read: 219. ' • • (a) Except as provided in subdivision (b) the jury commissioner shall randomly select furors for jury panels to be sent to courtrooms for voir dire. ' ' ' (bXI) Notwithstan ding subdivision (a) no peace officer, as defined in Section 830.1 and subdivision (a) of Section 8302 of the Pea Code, shall be selected for voir dire in civil or criminal matters �(2) Notwithstanding subdivision (a) no peace officer, as defined in subdivisions !e1 2nd rai ZONING — MULTIFAMILY DWELLLNGS— REBUILDING CHAPTER 743 S.B. No. 2112 AN ACT to add Section 6585225 to the Government Code, relating to land use. [Approved by Governor September 21, 1994.1 [Filed with Secretary of State September 22, 1994.] LEGISLATIVE COUNSELS DIGEST SB 2112, Bergeson. Zoning: multifamily dwelling. reconstruction. Under the existing Planning and Zoning Law, cities and counties are authorized to enact ordinances to, among other things, regulars the use of land and structures with respect to residences, including multifamily dwellings. This bill would provide that no local agency shall prohibit the reconstruction, restoration, or rebuilding of a multifamily dwelling, as defined, that is involuntarily damaged or destroyed, as specified, except if the building or structure is located in an industrial zone, as specified. It would also provide that, notwithstanding this prohibition, a local agency may prohibit 3146 ' Additions or changes Indicated by underline. deletions by asterisks ' 5-39 83-1994 REGULAR SESSION Ch. 743, .� 1 ap?; ith- nstruction, restoration. or rebuilding under specified circumstances. It would require the dwelling be reconstructed, restored, or rebuilt in a manner that conforms with the �ifornia Budding Standards Code, any more restrictive local ordinances as that code or ordinances were in effect at the time of the reconstruction, restoration, or rebuilding, gie State Historical Building Code, local zoning' ordinances, architectural regulations and ,tndards, as specified, and a building permit, which the bill would require to be obtained E •thin 2 years after the date of damage or destruction. The bill would also permit a local i�gency to enact or enforce an ordinance, regulation, or resolution that grants greater or more missive rights regarding the restoration, reconstruction, or rebuilding of a multifamily per welling that is involuntarily damaged or destroyed, as specified. The people of the State of California do enact as follows: SECTION 1. Section 65852.25 is added to the Government Code, to read: 65862.25. (a) No local agency shall enact or enforce any ordinance, regulation, or resolu- tion that would prohibit the reconstruction, restoration, or rebuilding of a multifamily dwelling that is involuntarily damaged or destroyed by fire, other' catastrophic event, or the public enemy. (b) Notwithstanding subdivision (a), a local agency may prohibit the reconstruction, resto- ration, or rebuilding of a multifamily dwelling that is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy, if the local agency determines that: (1) The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health. safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood. (2) The existing nonconforming use of the building or structure would be more appropriate- ly moved to a zone in which the use is permitted, or that there no longer exists a zone in which the existing nonconforming use is permitted. (c) The dwelling may be reconstructed, restored, or rebuilt up to its predamaged size and number of dwelling units, and its nonconforming use, if any, may be resumed (d) Any reconstruction, restoration, or rebuilding undertaken pursuant to this section shall conform to all of the following: (1) The California Building Standards Code as that code was in effect at the .time of reconstruction, restoration, or rebuilding. (2) Any more restrictive local building standards authorized pursuant to Sections 13869.7, 17958.7, and 18941.5 of the Health and Safety Code, as those standards were in. effect at the time of reconstruction, restoration, or rebuilding. (3) The State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code) for work on qualified historical buildings or structures. (4) Local zoning ordinances, so long as the predamage size and number of dwelling units are maintained (5) Architectural regulations and standards, so long as the predamage size and number of dwelling units are maintained (6) A building permit which shall be obtained within two years after the date of the damage or destruction (e) A local agency may enact or enforce an ordinance, regulation, or resolution that grants greater or more permissive rights to restore, reconstruct, or rebuild a multifamily dwelling. M Notwithstanding subdivision (a), a local agency may prolubit the reconstruction, restora- tion, or rebuilding of a multifamily dwelling that is involuntarily damaged or destroyed by fine, other catastrophic event, or by the public enemy, if the building is located in an industrial zone. .... _ . - (g) For purposes of this section, "multifamily dwelling" is defined as ' ariy' structure designed for human habitation that is divided into two or more independent living gvarters. Additions or changes Indicated by ondedlne; deletions by asterisks • • • 3147 9 CA109.SsMS" Ch. 579, 1 STATUTES OF. 1994 (0 The annual fee for a congregate living health facility shall initially, and until adjusted by the Legislature in a Budget Act, be based on the number of licensed beds as follows: 1-3 beds $ 4-6 -beds $1,000 7 -10 beds $1,600 U -15 beds 16 or more beds $1,700 Commencing July 1, 1991, fees provided in this subdivision shall be adjusted annually, as directed by the Legislature in the annual budget (g) The annual fee for a pediatric day health and respite care facility, as defined in Section 176o2, shall initially, and until adjusted by the Legislature in a Budget Act, be based on the number of licensed beds as follows:. 1-3 beds or clients 4-6 beds or clients 7 -10 beds or clients 11 -15 beds or clients 16 or more beds. or clients $ Boo $1,000 $1,200 $1,500 $1,700 plus $50 for each additional bed or client over 16 beds or clients Commencing July 1, 1993, fees provided in this subdivision shall be adjusted annually, as dirnrtpd by the Legslature in the annual Budget Act ZONING—RESIDENTIAL—SECOND UNITS CHAPTER 580 A.B. No. 3198 AN ACT to amend Section 656522 o4 and to add Section 65852150 to, the Government Code, relating to land use. [Approved by Governor September 15, 1994.1 [ned with Secretary of State September 16, 1994.1 . LEGISLATIVE COUNSELS DIGEST AB 3198, Hauser. Zoning: residential: 2nd units. EAsting law authorizes any local agency to provide, by ordinance, for the creation of 2nd units in single- family and multifamily residential zones, as specified. This bill, without malting substantive changes, would recast and revise the provisions of existing law authorizing the creation of these 2nd units. The bill would make legislative 24332 AdMons or dianM lnmeaMd by undedin'. deletions by Asterisks a. -4( 993 -1994 REGULAR SESSION Ch. 580, § 2 ndings and declarations with respect to the value of 2nd units to California's housing supply, nd would state legislative intent in that regard. The bill would also make substantive changes in the provisions relating to 2nd units, as efined, by authorizing local agencies to provide; within specified limits, for minimum and zaxdmum unit size, and parking requirements. The bill would provide that fees for the onstruction of 2nd units shall be determined in accordance with specified: provisions of Asting law. Because the bill would impose new requirements on local agencies relating to •nd units, the bill would impose a"state- mandated local program. The California Constitution requires the state to reimburse local agencies and school dstricts for certain costs mandated by the state. Statutory provisions establish procedures or making that reimbursement, including the creation of a State Mandates-Claims Fund to ,ay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for lams whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that this bill :ontains costs mandated by the state, reimbursement for those costs shall. be made pursuant AD those statutory procedures and, if the statewide cost does not exceed $1,000,000, .shall be nade from the State Mandates Claims Fund. 7U people of the State of California do enact as follows: SECTION 1. Section 65852.150 is added to the Government Code, to read: 65852.150. The Legislature finds and declares that second, units are a valuable form of -iousing in California. Second units provide housing for family members, students, the Jderly, in -home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create second units benefit from added income, and an increased sense of security. It is the intent of the Legislature that any second -unit ordinances adopted by local agencies have the effect of providing for the creation of second units and that provisions in these ordinances relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second units in zones in which they are authorized by local ordinance. SEC. 2. Section 658522 of the Government Code is amended to read: 658522. (a) Any local agency may, by ordinance, provide for the creation of second units in single -family and multifamily residential zones ' ' •. The ordinance: (1) • ' ' May designate areas within the jurisdiction of the local agency where second units may be permitted. The designation of areas may be based on criteria, which may • • •(2) Mav impose standards on second units which include, but are not limited to, parking, height, setback, lot coverage, architectural review, and maximum size of a unit • • •(3) M that second units do not exceed the allowable density for the lot upon which the second unit is located, and that second units are a residential use that is consistent with the existing general plan and zoning designation for the lot ' • •(4) May establish a process for the issuance of a conditional use permit for second amts. ;r% +x,e 1nnlir Hnn of nnv local ordinance. Doliev. or program to (bx� When a local agency which has not adopted an ordinance governing second units in laccordancee with subdivision (a) or (c) receives its first application on or after July 1, 19M for ` a conditional use permit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application pursuant to this subdivision unless it adopts an ordinance in accordance with subdivision (a) or (c) within 120 days after receiving to application. Notwithstanding Section 65901, every local agency shall grant a special use Addlgons or changes Indleated by underline; deletlona by asterlsim ' ' ' 2433 A-4L Ch. 580, § 2 STATUTES OF 1994 or a conditional use "permit for the creation of a secon all of the following. d emit if the second unit complies with (� The milt is not intended for sale and maybe rented. The lot.is zoned for single- family or multifamily use The lot contains an existing single -{may dwelling The second emit is either attached to the existing area of the existing dwelling or detached from the exs dwelling and located within the living lot as the existing dwelling. dwelling and located on the same • •(E) The increased floor area of an attached second unit shall not exceed $0 percent of the existing living area (b The total area of floor space for a detached second unit shall not exceed 1,200 square feet • • *'G) Reouirements relating to height, setback, lot coverage, architectural review, site Plan review, fees, arees, and other zoning e construction in the zone in which the property is ndts, gen . BY applicable to residential 0 Local building code requirements which apply to detached dwellings, as appropriate. used, if Approval by re a local health officer where a private sewage disposal system is being (2) No other local ordinance, Policy, or regulation shall be the building permit or a use Permit under this subdivision basis for the denial of a This subdivision establishes the maximum standards that local agencies shall use to °� evaluate proposed second units on lots zoned for residential use which contain an existing bdivisio )shall be utilized or imposed, ex er than those provided in this subdivision applicant for a permit issued pursuant to this subdivvision two be an owner�occupant� an ... shy (4) No changes in zoning be read ordinances or other ordinances or any changes in the general plan ordinance or p subdivision Any local agency may amend its zoning general play to incorporate the Policies, procedures, or other provisions applicable to the creation of second units if these provisions are consistent with the limitations of this subdivision . con2$sidered to exceed the which conforms ensity for the requirements of this subdivision shall not be deemed to be a residential use which i5 consistent with the existing is located, and shall zoning designations for the lot The second units shall not be considered i th general Pa and of local ordinance, policy, or Program to limit residential growth PPli of any �(c) No local agency shall adopt an ordinance which totally precludes second units within -fly or multifamly zoned areas unless the ordinance contains findings chat the ordinance may limit housing opportunities of the region and further contains acknowledging that specific adverse impacts on the public health, safety, and welfare that would result from allowing � second units wi othin single- family and multifamily zoned areas justify adopting the or i MMIO ; deletloss by aslerisla • A -4a, 1993 -1994 REGULAR SESSION Ch. 581 (f) Fees charmed for the construction of second units shall be deteriniried in accordance with Chapter 5 (commencing with Section 66000). (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of second units. . ¢,1 Local agencies shall submit a copy of the ordinances adopted pursuant-to subdivision (a) or . (c) to the Department of Housing and Community Development within 60 days after adoption. As used in this section, the following terms mean: (1) "Living area,° means the interior Habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory stmeture.. (2) "Local agency' means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. (4) "Second unit" means an attached or a detached residential dwelling unit 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 dwelling is situated. A second unit also includes the following: (A) An efficiency unit, as defined in Section 179581 of Health i and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. SEC. S. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution SCHOOLS AND SCHOOL DISTRICTS — FINANCE — LOTTERY FUNDS CHAPTER 581 A.B. No. 5202 AN ACT to amend Section MKS of the Government Code, relating to school finance, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. [Approved by Governor September 15, 1994.1 [Filed with Secretary of State September 16, 1994.1 LEGISLATIVE COUNSELS DIGEST AB 3202, V. Brown. School finance: lottery funds. Existing law established the California State Lottery Act of 1984 (Lottery Act) for the purpose of providing additional moneys to benefit education. Pursuant to that act payments are made to various educational entities, including school districts, county superintendents of schools, and the State Department of Developmental Services which must use those payments 1 So in enrolled bill. Additions or changes Indicated by undedlne: deletions by asterisks • • • 2435 a -44 MEMORANDUM FROM THE OFFICE OF THE CITY ATTORNEY June 23, 1994 TO: Arnold Jonas FROM: (�(iCindy Clemens SUBJECT: Regulation of Group Homes after AB 2244 Enclosed for your review is an excellent article about a City's ability to regulate group homes after the passage of AB 2244. To summarize the article, AB 2244 amends the California Fair Employment and Housing Act to specifically prohibit land use regulations which discriminate against group housing for members of a protected class, which includes familial status and disability. This means that State law now explicitly requires a governmental entity to refrain from adopting or applying land use laws, including planning and zoning regulations,, which have the intent or effect of discriminating against a protected class by making housing opportunities unavailable to the protected class. Further, cities cannot insulate themselves from liability by relying on other provisions of state law. The reason I am bringing this to your attention is because the City needs to review its zoning regulations of residential care facilities in light of AB 2244. Because our current zoning regulations impose use permit requirements on such facilities with six or more residents, even though state law allows this regulation, we are subject to legal challenge under AB 2244. My recommendation is for you to read the enclosed article, review the City Zoning Regulations in light of this article, and decide among your staff what changes are needed. Jeff and I are available to assist you in this process. I realize this may very well mean eliminating the use permit requirement and treating all residential care facilities the same a single family residences. However, that appears to be the precise intent of AB 2244. Thank you for your attention to this issue. Please let Jeff or I know if you need our assistance. CBC /sw attach. cc: John Dunn (w /o attach.) Jeff Jorgensen (w /o attach.) a -4-6