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HomeMy WebLinkAbout05/06/2003, C2 - FINAL PASSAGE OF ORDINANCE NO. 1434 (2003 SERIES), AMENDING CHAPTER 17.21 OF THE ZONING ORDINANCE P counCIt j acenaa aEpoat CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Director I Prepared By: Philip Dunsmore, Associate Planner SUBJECT: FINAL PASSAGE OF ORDINANCE NO. 1434 (2003 SERIES), AMENDING CHAPTER 17.21 OF THE ZONING ORDINANCE PERTAINING TO SECONDARY DWELLING UNITS. (CITY FILE#: TA 194-02) CAO RECOMMENDATION Grant final passage to Ordinance No. 1434, amending Chapter 17.21 of the San Luis Obispo Municipal Code. DISCUSSION Situation On April 15, 2003, the City Council voted 5 to 0 to introduce Ordinance No. 1434 to print, approving. changes to the Zoning Ordinance regulating secondary dwelling units in accordance with Assembly Bill 1866. Ordinance No.. 1434 is now ready for final passage. The amended section of the Municipal Code will become effective 30 days after final passage of the ordinance. Final passage of Ordinance No. 1434 (2003 Series) will amend the Zoning Regulations Chapter 17.21, Secondary Dwelling Units (sdu's). The amendments will update the City Zoning Code in order to comply with the State Government Code 65852.2. Amendments include elimination of a Use Permit requirement and discretionary review, allowing detached secondary dwelling units, and requiring only 1 parking space for sdu's. Additional performance standards to ensure neighborhood compatibility were also added to the revised code. The City's ability to perform staff level architectural review has been retained. Since the introduced ordinance contained several changes from the Planning Commission recommended draft, staff has prepared a legislative draft of the ordinance to assist Council in their review. The issue of allowing sdu's in Planned Developments and Condominium Subdivisions continues to be raised by some members of the Foothills subdivision. Staff has met with members of the neighborhood after the Council meeting and outlined a simple solution to amend their PD consistent with the Council adopted ordinance. The neighborhood still believes that State law should exempt them from going through a PD amendment process. As explained to the Council previously, we are dealing with two sets of City regulations that need to be consistent with one another. First, the City's Secondary Dwelling Unit Regulations need to be amended to comply with State law, which allows sdu's in single- family residential zones. The second set of regulations governs how PDs are established and amended. Simply changing the code to allow sdu's in PDs does not eliminate the requirement to amend the project's PD zoning and Development Plan, which never authorized additional residential units being constructed or established on the lots. The City's PD zoning regulations say that there will be no changes to the "final development plan" once adopted (Section 17.62.060 C). Allowing secondary dwellings in PDs invites changes to the final development plan. There may certainly be a few unique cases such as in the Foothills Subdivision, where the addition of sdu's can be made within an existing building footprint. However in most cases, the desire may be to have them be attached or detached from the main structure. The PD amendment process is the proper tool to allow these changes to be made. Staff has proposed a process that would involve a relatively small expense to accommodate most PD amendments that would enable the Foothills Subdivision (as well as others that may have similar circumstances) to come back and authorize the establishments of sdu's in their development. Significant Impacts The zoning amendment is exempt from the California Environmental Quality Act. No significant fiscal impacts are anticipated with the zoning text amendments. Consequences of Not Taking the Recommended Action If the Council does not give final passage to the ordinance, the zoning text would remain as is, and following implementation of the State Government Code on July 1, 2003, the Zoning Code would be inconsistent with the State Government Code. If found inconsistent with the state code, the City code would be open to challenge and may be superseded by the State Government Code. Attached: 1. Legislative Draft, Chapter 17.21 2. Ordinance No. 1434 G:\GROUPS\COMDEV\CD-PLAN\Pdunsmore\Text Amendments\2nd units AB 1866\CC 2nd read 194-02.doc r J Attachment 1 Chapter 17.21 SECONDARY DWELLING UNITS CITY COUNCIL LEGISLATIVE DRAFT 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 Per-iedie 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 eanditienally perform administrative architectural review and apply specific development standards to secondary dwelling units in residential zones. B. The city intends to regulate secondary dwelling 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 secondary dwelling 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. "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 dwelling unit' means an attached or detached 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. G. Studio means 17.21.030 General requirements. A. Application. Where this chapter does not contain a particular type of standard or Ct)L -3 Attachment 1 Chapter 17.21 City Council Legislative draft 5/6/03 procedure, conventional zoning standards and procedures shall apply. B. Areas Where Secondary Dwelling Units Are Allowed. Upon meeting et-hef the 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, unless specifically addressed in the planned development ordinance as adopted or amended, 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. Secondary dwelling units shall not_be allowed on non-conforming lots. D. Owner Occupancy. Either the primary unit or secondary dwelling unit must be owner-occupied as an owner's primary residence. 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 slhiIl ma-v be attached.,eF detached 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 and shall meet the definition of a studio apartment as defined by Section 17.04.430. 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. I. Secondary dwelling units are limited to 1 unit per qualifying property. 17.21.040 Performance standards. A. 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 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 A . `t Attachment 1 Chapter 17.21 City Council Legislative draft 5/6/03 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. The new structure shall incorporate the traditional architectural characteristics of existing houses in the neighborhood, including window and door spacing,exterior materials, and roof pitch and style. 5. The height of second units should be consistent with surrounding residential structures. Unless adequate setbacks justify otherwise,secondary dwelling units that result.in two-story construction shall be setback from the first floor to allow for solar access and reduced overlook. 6. Site planing Secondary dwelling units should be located behind.or above the existing dwelling on the site. Designs that significantly alter the street appearance of the existing residence shall be discouraged. The presence or design of the secondary dwelling unit per se, will not justify granting development exceptions. 7. Private Open Space: A minimum of 250 square feet of private open space must be provided for secondary dwelling units exclusive of a-minimum of 250 square feet to be provided for the primary residence on the property. Private,open space provided at ground level must have a minimum dimension in every direction of at least 10 feet or 6 feet for spaces above ground level on an elevated deck or balcony. 8. Significant alterations to landform (grading in excess of 300 cubic yards) or removal of native trees or significant landscape trees shall be discouraged for the placement of a secondary dwelling unit. 9. A landscape plan shall be required for new secondary dwelling units. A minimum 5-foot wide landscape planter with screening shrubs shall separate parking areas from adiacent properties. Landscape shrubs and trees shall be reguired.for areas between secondary unit and adiacent properties. 10.Parking: Secondary dwelling units that.are 450 square feet or smaller shall require 1 parking space,regardless of zoning_district. 11.Alterations to designated historic properties or structures to allow new construction of a secondary_dwelling unit shall be reviewed by the Cultural Heritage Committee for consistency with the Secretary of Interior Standards for treatment of a historic property. 17.21.050 Procedure requirements.. Prior to filing building plans with the city building division, the following shall be met: A. Peffnit Requifement. The appheant shall apply fer-and obtain an adFainistfative -- .t as defined by zening reg-alatiens. A. 11: Architectural Review Required. All requests shall receive minor or incidental architectural review in accordance with the adopted architectural review Attachment 1 Chapter 17.21 City Council Legislative draft 5/6/03 commission ordinance and Community Design guidelines. The di feeter- deteFfniines that the pfejeet -F . All new development projects within Historic Districts or within properties that contain designated historic structures shall be referred to the Cultural Heritage Committee to be reviewed for consistency with Secretary of Interior Standards for treatment of a historic property. B. Application Contents. All proposed secondary dwelling unit requests shall be by formal application for minor or incidental architectural review. C. 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 architectural review and a building permit, 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. D. € Appeal. Appeal procedures for this section shall be as provided by chapter 2.48.080 (Appeals-Architectural Review) the same as set fefth fef adfr�ais4ative use 17.21.060 Periedi•e review Violations. yeaFs T Violation of any of the provisions shall be basis for FeV86afiefi of the use peffnit­iff aeeer,danee with Chapter- . code enforcement action. �' Attachment 2 ORDINANCE NO. 1434(2003 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS CHAPTER 17.21,SECONDARY DWELLING UNITS, IN COMPLIANCE WITH AB 1866 TA 194-02 WHEREAS, the Planning Commission conducted a public hearing on March 12, 2003 and recommended approval of amendments to Chapter 17.21 of the Zoning Ordinance; and WHEREAS, the City Council conducted a public hearing on April 15, 2003 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed text amendment is consistent with the General Plan, the purposes of the Zoning Regulations, other applicable City ordinances and Assembly Bill 1866; and WHEREAS, the Zoning Text Change is exempt from the California Environmental Quality Act as described in CEQA section 15282 (i), Statutory exemptions. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Sari Luis Obispo as follows: SECTION 1. Findings. The City Council makes the following findings: 1. The City Council finds and determines that the project is exempt from the California Environmental Quality Act as described in Section 15282 (i), statutory exemptions. 2. The proposed amendments are necessary to meet changing Government Code provisions designed to encourage the development of secondary dwelling units as established by Assembly Bill 1866. 3. The proposed amendments will encourage the development of additional secondary dwelling units as an alternate form of affordable infill housing, consistent with the intent of AB 1866. 4. The proposed amendments will not significantly alter the character of the neighborhood or cause significant health, safety or welfare concerns, since the secondary dwelling units will be subject to performance standards and development standards consistent with each residential zoning district. SECTION 2. Action. The Zoning Regulations Amendment (TA 194-02), as depicted on attached Exhibit A, is hereby approved. Attachment 2 Ordinance No. 1434(2003 Series) TA 194-02 Page 2 SECTION 3. 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 on the 15th day of April, 2003, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the _ day of 2003, on the following roll call vote: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: City Clerk Lee Price APPROVED AS TO FORM: //_' i� - Acting City Attorney Gilbert Trujillo ea_g Council Ordinance Exhibit "A" Final draft Ch. 17.21 Chapter 17.21 SECONDARY DWELLING 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 Violations. 17.21.010 Purpose. A. This chapter is intended to implement Government Code Section 65852(.150) and (.2), which allows the city to perform administrative architectural review and apply specific development standards to secondary dwelling units in residential zones. B. The city intends to regulate secondary dwelling 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 secondary dwelling 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 Dermitions. 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 dwelling unit' means an attached or detached 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. G. Studio means 17.21.030 General requirements. Cl Chapter 17.21 City Council final draft 5/6/03 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 meeting the 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 unless specifically addressed in the planned development ordinance as adopted or amended, 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. Secondary dwelling units shall not be allowed on non-conforming lots. D. Owner Occupancy. Either the primary unit or secondary dwelling unit must be owner-occupied as an owner's primary residence. 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 may be attached, detached 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 and shall meet the definition of a studio apartment as defined by Section 17.04.430. 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. I. Secondary dwelling units are limited to 1 unit per qualifying property. 17.21.040 Performance standards. A. 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 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 Chapter 17.21 City Council final draft 5/6/03 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. The new structure shall incorporate the traditional architectural characteristics of existing houses in the neighborhood, including window and door spacing, exterior materials, and roof pitch and style. 5. The height of second units should be consistent with surrounding residential structures. Unless adequate setbacks justify otherwise, secondary dwelling units that result in two-story construction shall be setback from the first floor to allow for solar access and reduced overlook.. 6. Site planning: Secondary dwelling units should be located behind or above the existing dwelling on the site. Designs that significantly alter the street appearance of the existing residence shall be discouraged. The presence or design of the secondary dwelling unit per se, will not justify granting development exceptions. 7. Private Open Space: A minimum of 250 square feet of private open space must be provided for secondary dwelling units exclusive of a minimum of 250 square feet to be provided for the primary residence on the property. Private open space provided at ground level must have a minimum dimension in every direction of at least 10 feet or 6 feet for spaces above ground level on an elevated deck or balcony. 8. Significant alterations to landform (grading in excess of 300 cubic yards) or removal of native trees or significant landscape trees shall be discouraged for the placement of a secondary dwelling unit. 9. A landscape plan shall be required for new secondary dwelling units. A minimum 5- foot wide landscape planter with screening shrubs shall separate parking areas from adjacent properties. Landscape shrubs and trees shall be required for areas between secondary unit and adjacent properties. 10. Parking: Secondary dwelling units that are 450 square feet or smaller shall require 1 parking space, regardless of zoning district. 11. Alterations to designated historic properties or structures to allow new construction of a secondary dwelling unit shall be reviewed by the Cultural Heritage Committee for consistency with the Secretary of Interior Standards for treatment of a historic property. 17.21.050 Procedure requirements. Prior to filing building plans with the city building division, the following shall he met: A. Architectural Review Required. All requests shall receive architectural review in accordance with the adopted architectural review commission ordinance and Community Design guidelines. The director shall determine, upon receiving complete application, whether the project 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. All new development projects within Historic Districts or within properties that contain designated historic structures shall C"o Chapter 17.21 City Council final draft 516/03 be referred to the Cultural Heritage Committee to be reviewed for consistency with Secretary of Interior Standards for treatment of a historic property. B. Application Contents. All proposed secondary dwelling unit requests shall be by formal application for architectural review. C. 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 architectural review and a building permit, 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. 1. 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. D. Appeal. Appeal procedures for this section shall be as provided by chapter 2.48.080 (Appeals-Architectural Review). 17.21.060 Violations. Violation of any of the provisions shall be basis code enforcement action.