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HomeMy WebLinkAbout4/10/2018 Item zoning, Meyer Christian, Kevin From:Eric Meyer <frenchbicycles@gmail.com> Sent:Friday, March To:Codron, Michael Cc:Davidson, Doug; E-mail Council Website Subject:2. Tiny Houses Text Amendment (TA 18-02) (002).pdf Attachments:2. Tiny Houses Text Amendment (TA 18-02) (002).pdf Michael, Doug As regards your coming April 10th city council zoning code update meeting... The tiny house ordinance from Ojai is attached below. It’s different than the small lot subdivision ordinance that I’ve been advocating for... but could be another tool in our housing toolbox. Thought it might be useful to see. Eric Meyer 1 TO: Administrative Report CITY COUNCIL DISCUSSION ITEM FROM: Steve McClary, City Manager Luke Connolly, AICP, Community Development Director DATE REPORT PREPARED: March 20, 2018 MEETING DATE: March 27, 2018 SUBJECT: Tiny Houses Text Amendment (TA 18-02) Recommendation Consider and discuss an ordinance, included as Attachment A, permitting and regulating residential structures commonly referred to as moveable "tiny houses" as a type of accessory dwelling unit included in the City of Ojai's housing inventory in a manner compatible with the character of the City's single-family residential neighborhoods. Adoption of the ordinance is exempt from the California Environmental Quality Act (CEQA) and CEQA Guidelines. Commission Recommendation The Planning Commission previously received a presentation on "tiny houses" and discussed the appropriateness and compatibility of such structures in Ojai. With the adoption of the Accessory Dwelling Unit (ADU) regulations, the City Council referred this topic back to the Planning Commission for further discussion, issue identification, and possible submission of a term sheet to the City Council for consideration. On October 18, 2017, with all Commissioners in attendance, the Planning Commission reviewed the issue. Staff's recommendation to the Planning Commission was, "Review information provided and discuss issues related to tiny houses including a possible term sheet for City Council consideration." The Planning Commission did not make definitive recommendations regarding tiny houses, but instead identified a range of issues that required additional staff analysis and requested direction from Council on the matter. More information regarding the Commission's consideration is included in the Discussion, below. Page 1 of 3 2 -1 A report discussing the issues associated with tiny houses was presented to the City Council on January 23, 2018. Following staff's verbal reports and public comments on the topic, the Council unanimously directed staff to research existing ordinances and legislation pertaining to tiny houses and return to Council with a draft ordinance permitting and regulating tiny houses in Ojai. That draft ordinance is presented to the Council for their consideration and discussion this evening. Discussion Per the City Council's direction, the Planning Commission, at their October 18, 2017 meeting, considered the appropriateness and compatibility of permitting tiny houses in Ojai's residential neighborhoods. At that meeting, the Planning Commission noted several issues that would require additional analysis related to the potential permitting of tiny homes, including: allowing tiny homes simply as an alternative type of accessory dwelling unit subject to requirements tailored specifically to tiny homes; use of tiny homes as emergency housing for both natural disasters and homeless programs; the applicability of tiny homes to the City's growth management ordinance, General Plan and Regional Housing Needs Assessment (RHNA) targets; possible affordability requirements and time restrictions on proposed tiny homes; and the issue of the structure's mobility versus having a permanent foundation. As stated, above, following the Planning Commission's October 2017 consideration of tiny houses, a report discussing the issues associated with tiny houses was presented to the City Council on January 23, 2018. At the conclusion of discussion of the item, Council unanimously directed staff to further research existing ordinances and legislation pertaining to tiny houses and to return to Council with a draft ordinance that would permit and regulate tiny houses in Ojai. The draft ordinance is attached to this staff report. Despite the recent surge in interest in tiny homes, at present there is very little regulatory documentation in California pertaining to the structures. While several cities have identified tiny houses in their Housing Elements as a potential housing option, particularly as a means to expanding affordable housing that can integrate into existing single-family neighborhoods, only the City of Fresno appears to have developed programs that address the code applicability requirements and other issues identified by the Planning Commission. Using the City of Fresno's ordinance as a starting point and adapting it to Ojai's circumstances, and considering the issues raised at previous public meetings on the topic, the draft ordinance which would allow and regulate moveable tiny homes was prepared. The primary focus of the ordinance is to treat tiny homes as an alternative type of accessory dwelling unit. Page 2 of 3 2-2 Recognizing the inherent differences between tiny homes and traditionally-constructed homes/accessory dwelling units, namely reduced size and potential mobility, the ordinance also establishes requirements to ensure that all proposed tiny homes are compatible with the primary onsite residence as well as the surrounding neighborhood. This ordinance is presented to the Council for its consideration and discussion. Fiscal Impact Staff time for report preparation has already been included in the 2016-17 budget. ,uke Connolly, AICP Steve McClary Community Developme Director City Manager Attachment: A - Ordinance 2 -3 Page 3 of 3 CITY OF OJAI ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OJAI, CALIFORNIA, AMENDING OJAI MUNICIPAL CODE SECTION 10-2.1709 GOVERNING ACCESSORY DWELLING UNITS TO ADD A NEW SUBSECTION (L) ALLOWING AND REGULATING MOVEABLE TINY HOUSES AS ACCESSORY DWELLING UNITS AND FINDING THAT THE ADOPTION OF THESE AMENDMENTS IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, a second residential unit, also known as an accessory dwelling unit, is an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons that includes permanent provisions for living, sleeping, eating, cooking, and sanitation and is situated on the same parcel or parcels as the primary residential unit; and WHEREAS, as permitted by Government Code section 65852.2, the City Council previously adopted and recently amended its ordinance providing for the creation and regulation of accessory dwelling units; and WHEREAS, permitted accessory dwelling units are deemed affordable by design and thus qualify as units affordable to moderate income households as part of the City's compliance with its obligation to zone for sufficient levels of housing to meet its share of the state-mandated Regional Housing Needs Allocation for housing affordable to persons at the very-low, low, moderate, and above-moderate income levels; and WHEREAS, Government Code section 65852.2, subdivision (g) allows cities to adopt less restrictive requirements for accessory dwelling units; and WHEREAS, the City Council, mindful of the limited availability of housing and affordable housing in Ojai, recognizes the importance of allowing reasonable alternative approaches to providing additional housing deemed affordable to moderate income residents via accessory dwelling units; and WHEREAS, the City of Ojai's Housing Element provides that "the City will consider additional amendments to second unit regulations to encourage construction of second units" (Page 58); and WHEREAS, the City Council finds that allowing certain Moveable Tiny Houses, built, sited, and maintained in compliance with specified standards, as an additional type of permitted accessory dwelling unit enabling residents who seek to purchase or build smaller, moveable, chassis-mounted but not self-propelled, tiny houses that are compatible with the community and neighborhood's design and character to do so; and 2-5 Attachment A Page 1 of 7 WHEREAS, on March 27, 2018, the City Council considered the proposed ordinance and voted to move it forward for detailed evaluation by the Planning Commission and City Council in noticed public hearings; and WHEREAS, on [date], the Planning Commission held a noticed public hearing regarding the zoning code amendment and environmental determination and, notice of said hearing, including the proposed CEQA exemption determination was published in the Ojai Valley News at least 10 days prior to the public hearing on [date]; and WHEREAS, on [date], the Planning Commission received and considered all public testimony, documentary evidence and staff recommendations submitted at the public hearings, and recommended adoption of both the text amendment and the environmental determination by the City Council, and WHEREAS, on [date], the City Council held a noticed public hearing regarding the zoning code amendment and environmental determination and, notice of said hearing, including the proposed CEQA exemption determination was published in the Ojai Valley News at least 10 days prior to the hearing; and WHEREAS, on [date] the City Council received and considered all public testimony, documentary evidence and staff recommendations submitted at the public hearings, and introduced this ordinance, and WHEREAS, the City Council finds the proposed text amendment is consistent with and necessary to carry out the policies of the City's adopted General Plan because the proposed amendments modifying the requirements for accessory dwelling units will not permit land uses that are inconsistent with the approved residential land uses and densities in the Land Use Element and will affirmatively further the development of additional accessory dwelling units in the City as required by, and consistent with, the City's stated goal in the Housing Element of promoting the construction of accessory dwelling units and WHEREAS, the proposed text amendment will not adversely affect the public health, safety, or welfare as the amendments do not authorize any land uses with adverse impacts on the public health, safety, or welfare, and the amendments maintain existing protections in the Ojai Municipal Code against the maintenance of any land use that constitutes a public nuisance. WHEREAS, the proposed text amendment is exempt from review under the California Environmental Quality Act under California Code of Regulations, Title 14, Section 15301 of the CEQA Guidelines and is also exempt from review because it does not meet the definition of a project under CEQA Guidelines section 15061, subdivision (b)(3) and section 15378, subdivision (a) and subdivision (b)(5). The proposed changes to the accessory dwelling unit ordinance, allowing and adopting standards for moveable tiny houses as a new type of accessory dwelling unit as authorized by state law, has no potential for resulting in physical changes in the environment because it consists of changes in the standards governing issuance of ministerial permits for accessory dwelling units and does not directly or indirectly approve any applications for particular accessory dwelling units. 2-6 Attachment A Page 2 of 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OJAI DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The above set forth recitals and findings are true and correct and incorporated herein by reference, as if set forth herein in full. SECTION 2. Text Amendment. Ojai Municipal Code section 10-2.1709 is hereby amended to add a new subsection (1) to read as follows: Subsection (1) Moveable Tiny Houses. Notwithstanding any other provision of this Code to the contrary, a moveable tiny house that meets the definition in this subsection may be built and occupied as a new detached accessory dwelling unit if it complies with the standards of this subsection and the applicable requirements in Table A in subsection (d) of this section. The prohibition of subsection (d)(1)(C) of this section shall not apply to a moveable tiny house that complies with the requirements of this subsection. The requirement of subsection (d)(1)(D) of this section shall not apply to the extent inconsistent with the standards of this subsection and the rules of ANSI Standards 119.2 or 119.5. (1) Purpose. The purpose of this subsection is to: (A). permit moveable tiny houses as an additional type of accessory dwelling unit as part of the City of Ojai's housing inventory in a manner compatible with the character of the City's existing single-family neighborhoods; and (B). ensure that moveable tiny houses are in harmony with developed neighborhoods; and (C). allow moveable tiny houses as an accessory use to single-family residential dwelling units, consistent with Government Code, section 65852.2, subdivision (g), which allows Cities to adopt less restrictive requirements than the state-mandated minimums for accessory dwelling units. moveable tiny houses must comply with all standards and regulations applicable to accessory dwelling units except as specified in this subsection. (2) Definition. A "moveable tiny house " is a residential dwelling unit that is accessory to a principal residential dwelling unit located on the same parcel of land, which provides complete independent living quarters for one household, and meets all of the following conditions: (A) is licensed and registered with the California Department of Motor Vehicles and has been certified as meeting ANSI Standard 119.2 or 119.5 requirements; (B) is certified by a qualified third-party inspector for ANSI compliance with ANSI Standard 119.2 or 119.5, or provides sufficient evidence to the satisfaction of the Director that the moveable tiny house was built to applicable ANSI standards; 2-7 Attachment A Page 3 of 7 (C) is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection and is designed not to and cannot move under its own power; (D) is no larger than allowed by California state law for movement on public highways; (E) has at least 100 square feet of first floor interior living space; (F) is a detached self-contained residential dwelling unit which includes permanent facilities and functional areas for living, sleeping, eating, cooking, and sanitation; (G) is designed and built to look like a conventional building structure, using conventional building materials, and is thus architecturally distinct from traditional mobile homes and recreational vehicles; (3) Application. In addition to submitting the application materials and information required by subsection (c) for an accessory dwelling unit, an applicant for a moveable tiny house shall submit proof that: (A) the proposed moveable tiny house is licensed and registered with the California Department of Motor Vehicles; (B) the proposed moveable tiny house has been certified by a qualified third-party inspector as meeting ANSI 119.2 or 119.5 requirements, or was built to meet ANSI 119.2 or 119.5 requirements as demonstrated by sufficient evidence satisfactory to the Director; (C) the applicant is the property owner, or has sufficient written permission from the property owner, of the intended location of the proposed Moveable Tiny home; and (D) the proposed moveable tiny house meets the standards of this subsection. (4) Standards. Moveable tiny houses must meet the standards of this subsection and the applicable requirements in Table A in subsection (d) of this section. (A) Design. The Director shall review the design of each proposed moveable tiny house to ensure that the structure is designed to look like a conventional building structure and is architecturally distinct from traditional mobile homes and recreational vehicles. (B) Development Standards. Moveable tiny houses must conform with the requirements in Table A of subsection (d) of this section for new detached accessory dwelling units and thus must conform to the setbacks, lot coverage, height, and other applicable zoning requirements of the zoning district in which the site of the proposed moveable tiny house is located, except as modified by this subsection. (C) Maximum Floor Area. The maximum square footage of habitable floor space for a moveable tiny house shall be 440 square feet. (D) Parking. Moveable Tiny Houses shall not require additional parking. (E) Pedestrian Access. An all-weather surface pedestrian path from the street frontage to the main entrance of the moveable tiny house shall be provided. 2-8 Attachment A Page 4 of 7 (F) Mechanical Equipment. All mechanical equipment for a moveable tiny house shall be incorporated into the structure and shall not be located on the roof. (G) Utility Connections and Requirements. Moveable tiny houses shall not have separate utility meters from the primary unit. Moveable tiny houses may be off-grid and not connected to one or more utility systems, but only if the applicant provides sufficient proof, to the satisfaction of the Director and the Building Official, that the moveable tiny house has adequate, safe, and sanitary utility systems providing water, sewer, heat, cooling, and electric power. (H) Addresses. Moveable tiny houses shall not have separate street addresses from the primary unit. (I) Foundation Requirements. Once sited on the parcel of the primary unit, moveable tiny houses shall meet the following foundation requirements: (i) If the wheels are removed so the moveable tiny house sits on a foundation, the foundation shall follow the state approved requirements for foundation systems for manufactured housing. (ii) If the moveable tiny house does have its wheels removed, then all wheels and leveling/support jacks must sit on a concrete, paved or compacted gravel surface sufficient to support its weight, and the wheels, leveling/support jacks, and undercarriage must be skirted and not visible. (J) Prohibition on Excessive Movement. No parcel may be approved for more than one moveable tiny house in a twelve month period. No parcel may contain more than one moveable tiny house at a time. (K) Emergency and Rescue Openings. All Moveable Tiny Houses shall meet the requirements of Section R310 of the California Building Code for emergency escape and rescue openings. Egress roof access windows in lofts used as sleeping rooms shall be deemed to meet this requirement if installed such that the bottom of the opening is not more than 44 inches above the loft floor, provided the egress roof access window complies with the minimum opening area requirements of California Building Code section R310.2.1. SECTION 6. Environmental Determination. The City Council determines that the following findings and conclusions reflect the independent judgment of the City Council. The City Council finds that the adoption of the foregoing amendment to the Ojai Municipal Code is exempt from the California Environmental Quality Act (CEQA) for the following reasons: a. The adoption of the proposed ordinance does not meet the definition of a project under CEQA Guidelines section 15061, subdivision (b)(3) and section 15378, subdivision (a) and subdivision (b)(5). The proposed changes to the accessory dwelling unit ordinance, allowing and adopting standards for moveable tiny houses as a new type of accessory dwelling unit as authorized by state law, has no potential for resulting in physical changes in the environment because it consists of changes in the standards governing issuance of ministerial permits for accessory dwelling units and does not directly or indirectly approve any applications for particular accessory dwelling units. The adoption of this 2 -9 Attachment A Page 5 of 7 ordinance is also exempt from CEQA review pursuant to California Code of Regulations, Title 14, Sections 15301 of the CEQA Guidelines. SECTION 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional. SECTION 8. Certification. The City Clerk shall cause this Ordinance to be published once, within fifteen (15) calendar days after its passage, in the Ojai Valley News, a newspaper of general circulation, printed, published and circulated in the City, and shall cause a copy of this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the City. SECTION 9. Effective Date. This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code Section 36937, shall supersede any conflicting provision of any City of Ojai ordinance, and shall continue in effect until terminated by further action of the City Council in accord with applicable law. CITY OF OJAI, CALIFORNIA By John F. Johnston, Mayor ATTEST: Gail Davis, Deputy City Clerk APPROVED AS TO FORM: Matthew T. Summers, City Attorney STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF OJAI ) 2-10 Attachment A Page 6 of 7 I, Gail Davis, Deputy City Clerk of the City of Ojai do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Ojai held on and adopted at a regular meeting held on by the following vote: AYES: NOES: ABSTAIN: ABSENT: Gail Davis Deputy City Clerk for the City of Ojai 2-11 Attachment A Page 7 of 7