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HomeMy WebLinkAbout1. Accessory Dwelling UnitsSTAFF REPORT PLANNING DIVISION DATE: APRIL 4, 2018 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER SUBJECT: ZONE TEXT AMENDMENT TO AMEND THE MUNICIPAL CODE REGULATING ACCESSORY DWELLING UNITS LOCATION: CITYWIDE ZONING: RESIDENTIAL ZONES BACKGROUND The California Legislature enacted new laws that preempt a city’s zoning code concerning Accessory Dwelling Units (ADUs) in certain circumstances. The new laws include:  SB 1069 (Chapter 720, Statutes of 2016): Reduces parking requirements and in some cases eliminates parking for the ADU. This bill also mandates that the City permit ADUs contained within an existing structure in all residential zones and establishes a prohibition on precluding ADUs.  AB 2299 (Chapter 735, Statutes of 2016): Establishes a staff level review process for ADUs, if the unit complies with certain parking requirements, the maximum allowable size of an attached ADU, and setback requirements. This statute also preempts, in some circumstances, the City’s existing accessory dwelling unit ordinance.  SB 229 (Chapter 594, Statutes of 2017): Requires the conversion of existing space be allowed in all Residential zones. Conversion of existing space permitted in multi-family zones developed with a single family dwelling unit.  AB 494 (Chapter 602, Statutes of 2017: Requires that parking requirements for accessory dwelling units not exceed one parking space per unit or bedroom, whichever is less, and clarifying that a studio, pool house, or other similar structure is considered an accessory structure. As a result of the potential to impact existing neighborhoods and diminished access for public safety, on April 25, 2017, the City Council adopted Interim Urgency Ordinance No. 17-1376, establishing a temporary moratorium on Accessory and Junior Accessory Dwelling Units. This moratorium was intended to give staff time to study how best to implement the new laws, while PC Agenda Page 1 Zone Text Amendment (ADUs) - PLN-17-00103 April 4, 2018 - Page 2 minimizing impacts. On May 23, 2017, the City Council extended the Interim Urgency Ordinance for an additional 10 months and 15 days. This discussion item was originally scheduled for the March 21, 2018 Planning Commission meeting, however, due to a lack of quorum, the study session was continued to the April 4th, 2018 Planning Commission meeting. DISCUSSION SB 1069, AB 2299, SB 229, and AB 494 are applicable to both general law and charter cities. These new statutes affect local authority to regulate the permitting for construction and use of accessory dwelling units. It adds findings to the Government Code to provide that “accessory dwelling units” provide security to homeowners, offer lower cost housing to the public, and are an essential component to California’s housing supply. Prior to the new statutes, state law permitted cities to adopt ADU ordinances. For cities that adopt an ADU ordinance, there is some flexibility to include local standards and discretionary permitting, within the limitations in state law. For example, the City may require that the property owner live on site, and also may prohibit short-term vacation rentals. Finally, the City may designate areas where new ADUs can be established and create development standards related to parking, height, setbacks, lot coverage (floor area ratio), landscaping, and certain architectural requirements. The statutes listed above tightened local discretion over ADU regulation, and if certain criteria are met, preempt any inconsistent local ADU ordinance. Specifically, Government Code section 65852.2, as amended by SB 1069, AB 2299, SB 229 and AB 494: 1. Allows a city to adopt an ordinance providing for the creation of accessory dwelling units. The ordinance may: (a) designate areas, (b) impose building standards, and (c) provide that accessory dwelling units do not exceed the allowable density. 2. Prohibits requiring accessory dwelling units to have fire sprinklers, unless required in the main residence. 3. Imposes restrictions on local, inconsistent parking requirements if an ADU meets one of the following: (i) Located within ½ mile of public transit; (ii) Located within an architecturally and historically significant historic district; (iii) Part of an existing primary residence or an existing accessory structure; (iv) When on-street parking permits are required but not offered to the occupant of an ADU; and (v) When a car share vehicle is located within one block of an ADU. 4. Requires that cities ministerially approve ADUs for a building permit to create within a single family residential zone one ADU per single family lot if the ADU is contained within the existing space of a single family residence or existing accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. 5. Requires cities not to consider accessory dwelling units “new residential uses” for purposes of calculating utility, water, and sewer connection fees if the ADU must be ministerially approved (based on the criteria noted above). 6. Mandates that ADUs located within an existing residence or existing accessor structure that must be ministerially approved (based on the criteria noted above) cannot be PC Agenda Page 2 Zone Text Amendment (ADUs) - PLN-17-00103 April 4, 2018 - Page 3 required to install a new or separate utility connection or a related fee or capacity charge. Under the new state law, the City is still able to designate areas where new ADU's are built. However, state law also requires that cities ministerially approve conversion of existing space in any residential zone that is developed with a single family dwelling unit. If a property in a multi- family zone is developed with a single family dwelling unit, the property owner may convert a portion of the house, a guest or pool house, garage, into an accessory dwelling unit, so long as the owner complies with the proposed development standards. Inasmuch as the City has already defined Second Unit Development (SUD) areas on the zoning map, these areas will be redesignated as the ADU areas. If required under the new statutes, the City will allow existing space within a single family residence or existing accessory structure to be converted to an ADU. For the purpose of the City's amended ADU ordinance, an existing residential space will be defined as one that has been legally permitted and finalled for over two years. EXISTING VS. PROPOSED STANDARDS Current Standards Proposed Standards Zone ADU areas within R-1 Zones New, Attached and Detached Accessory Dwelling Units - Accessory Dwelling Unit Areas in R-1 Zones Conversion of existing enclosed areas – All Residential Zones Multi-Family zoned properties – must be developed with only a single family residential dwelling unit. Minimum Lot Size 7,500 sq.ft. As dictated by zone. Minimum Lot Width The minimum lot width shall meet or exceed the minimum lot width for the zone. The minimum lot width shall meet or exceed the minimum lot width for the zone. Location Rear of the principal dwelling unit. Rear of the principal dwelling unit. Minimum Distance Between Structures 10’ 10’ Maximum Height for Detached ADU 15’ 12’ Maximum Size 50% of main dwelling unit, not to exceed 1,000 sq. ft. 850 sq.f.t Parking In addition to the required parking for the principal dwelling unit, a two (2) car garage shall be provided. Square feet added to principal dwelling unit Kitchens One (1) kitchen per dwelling unit One (1) kitchen per dwelling unit. Home Occupations and Large Family Day Care Only in owner occupied unit. Only in owner occupied unit. Number of ADUs One per lot One per lot PC Agenda Page 3 Zone Text Amendment (ADUs) - PLN-17-00103 April 4, 2018 - Page 4 One of the most critical issues facing Downey as the City considers the ADU Ordinance is parking. Many of the streets in the R-1 zone are narrow and considered parking impacted. These narrow, parking impacted streets are difficult for emergency responders to navigate and access homes in the single-family neighborhoods. In order to protect the health, safety, and welfare of the existing residential neighborhoods, it is important to provide sufficient on-site parking. The State law purposefully reduced parking requirements for ADUs in certain circumstances (as noted above), but replacement parking may be required. Instead of providing separate and distinctive parking for ADUs, staff is proposing parking requirements based on the total enclosed square footage on a lot, which includes a principal dwelling unit, a guest house, and storage rooms. In this approach to parking, the City will require parking based on total structure size. An owner proposing a 500 square foot addition will be treated the same as an owner proposing a 500 square foot ADU. In accordance with the new state law, if criteria are met requiring ministerial review for a building permit, an applicant can submit to Building and Safety Plan Check. Staff will verify compliance with the Zoning Code as part of the regular Plan Check Process. As proposed, the Code will read as follows (blue underline is new text and red strikethrough is deleted text): Section 9122. “A” Definitions Accessory Dwelling Unit or “ADU”: An attached or a detached residential dwelling unit, which provides complete independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single- family dwelling is situated, and located on a fixed or permanent foundation. The term "ADU" captures the terms and supersedes the terms "Second Unit Developments" under the Municipal Code and any adopted Development Code of a Specific Plan or Community Plan. Accessory Living Quarters or Guest House: Living quarters, or other habitable space, without any kitchen facilities within a detached accessory building or attached to the main building, located on the same lot as the main building, for use by temporary guests or for the use of domestics employed on the premises by the occupants of the lot. An accessory living quarter or guesthouse shall be ancillary to the main dwelling unit, be less than seven hundred (700) square feet in size, and shall not contain more than one room plus a bathroom. Section 9124. “B” Definitions Building, Main: The principal structure on the property and the building in which is considered a principal use of the lot upon which it is situated. Every dwelling (except an ADU accessory living quarters or guesthouse or second unit development) in a residential zone is a main building. Section 9128. “D” Definitions Dwelling, Duplex: A building designed exclusively for occupancy by two (2) families living independently of each other and containing two (2) attached dwelling units, excludes Accessory Dwelling Units. Dwelling, Second. See “Second Unit Development” PC Agenda Page 4 Zone Text Amendment (ADUs) - PLN-17-00103 April 4, 2018 - Page 5 Section 9134. G” Definitions Guesthouse: Living quarters, or other habitable space, without any kitchen facilities within a detached accessory building or attached to the main building, located on the same lot as the main building, for use by temporary guests or for the use of domestics employed on the premises by the occupants of the lot. A guesthouse shall be ancillary to the main dwelling unit, be less than seven hundred (700) square feet in size, and shall not contain more than one room plus a bathroom. Section 9138. “I” Definitions Independent Exterior Access: Independent Exterior Access is a door that meets the minimum requirements under the Building Code for an Accessory Dwelling Unit and shall not take place through or from an existing principal dwelling unit. Section 9140. “J” Definitions Junior Accessory Dwelling Unit: A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure, with an entrance into the unit from the main home, and shares kitchen and sanitation facilities with the main home. Section 9142. “K” Definitions Kitchen: A room or space used, or intended, or designed to be used for the cooking or preparation of food. Section 9158. “S” Definitions Short Term Rental: The rental or lease of a dwelling unit for a period of 30 days or less. Residential Zones and Use Regulations (Section 9312.06, Table 9.3.2), to be amended as follows: Use R-1 (all lot sizes) R-2 R-3 R-3-O NOTES AND EXCEPTIONS Residential (cont’d) Accessory Dwelling Unit P NP NP NP Subject to Section 9414 Junior Accessory Dwelling Unit NP NP NP NP PC Agenda Page 5 Zone Text Amendment (ADUs) - PLN-17-00103 April 4, 2018 - Page 6 SECTION 9414 –Second Dwelling Unit Developments (Section 9414) will be replaced in its entirety, with Accessory Dwelling Unit Developments: SECTION 9414. ACCESSORY DWELLING UNIT DEVELOPMENTS SECTION 9414.02. INTENT AN PURPOSE The intent and purpose of this section is to establish residential accessory dwelling unit (ADU) regulations in order to provide a mechanism for accommodating ADUs in appropriate residential areas and govern the creation of ADUs within the City. The provisions are intended to stabilize property values, and enhance the single-family character of neighborhoods by insuring that ADUs are developed under appropriate conditions. SECTION 9414.04. APPLICABILITY AND APPROVALS Accessory Dwelling Units are allowed in the following areas: (a) ADUs within existing structures are allowed in all Residential Zones, as a permitted use in accordance with the provisions of this section. For the purposes of this section, an existing structure shall mean a structure for which proper permits have been issued and finalled at least two years prior to submitting the ADU into plan check. (b) New ADUs (attached or detached) are allowed within the Accessory Dwelling Unit Areas (as depicted on the Official Zoning Map), as a permitted use in accordance with the provisions of this section in the R-1 Zones. SECTION 9414.06. STANDARDS In addition to the development standards for the zone, the following standards shall apply to all ADU developments: (a) There shall be no more than one ADU per parcel. (b) There shall be not more than one principal dwelling unit on a parcel. (c) There shall be not more than one address on the parcel, except that ADUs may have a unit number. (d) The minimum lot size for a property with an ADU shall be not less than the minimum lot size for the zone. (e) The minimum lot width shall meet or exceed the minimum lot width for the zone. (f) The ADU shall be located to the rear of the principal dwelling unit. (g) The total floor area of an ADU shall not exceed 850 square feet and shall not be less than 220 square feet. The ADU counts towards the maximum allowable floor area ratio or lot coverage for the property. (h) Conversion of Existing Space: Conversion of existing space within a single-family residence or within an accessory structure to an ADU shall be permitted, provided that the proposed ADU has independent exterior access from the existing residence, and the PC Agenda Page 6 Zone Text Amendment (ADUs) - PLN-17-00103 April 4, 2018 - Page 7 side and rear setbacks are sufficient for fire safety and as required per the adopted California Building Standards and local ordinance. The independent exterior access shall not be located on the same façade as the exterior access to the primary dwelling. (i) If an automatic sprinkler system is required for the principal residence, the ADU must also provide an automatic sprinkler system. (j) Access to all on-site parking shall be provided from one (1) common driveway. This shall not preclude a circular driveway as allowed under Municipal Code Section 9710 – Residential Parking Design Standards. (k) No more than one (1) kitchen per dwelling unit shall be permitted. (l) The property owner shall record a covenant to the subject property that identifies the total number of dwellings units on the property, that prohibits the units from being sold separately, and that provides that at least one (1) dwelling unit shall be owner-occupied. (m) An ADU shall include washer and dryer connections. (n) All new on-site utilities shall be underground. (o) All development impact fees (water, sewer, park, and traffic fees) shall be proportional to the actual impact and charged in accordance with the Fee Mitigation Act. An ADU is not considered a new residential use when calculating connection fees and capacity charges. (p) ADUs shall utilize the same utility connections as the primary residence. Separate utility connections and meters are prohibited. (q) Short term rentals (30 days or less) shall be prohibited in the principal dwelling unit or ADU. (r) Home occupations and large family day care (nine (9) to fourteen (14) children) shall only be allowed in the owner-occupied unit. (s) The property owner/applicant shall be required to obtain all building permits and inspections prior to occupancy of an ADU. SECTION 9414.08. GARAGE CONVERSIONS (a) Garage Conversion: For an ADU that is converted from an existing garage, the 10-foot separation does not apply and no additional setbacks beyond the existing garage setback are required beyond those required by the adopted California Building Standards and local ordinance. For the purposes of this section, an existing garage shall mean a garage for which proper permits have been issued and finalled at least two years prior to submitting the ADU into Plan Check. (b) If an existing garage or other parking is converted or displaced for an ADU, the conversion or displacement shall not eliminate any off-street parking that is required for the property or, if eliminated, the off-street parking shall be replaced per Section 9708. PC Agenda Page 7 Zone Text Amendment (ADUs) - PLN-17-00103 April 4, 2018 - Page 8 SECTION 9414.10. DESIGN OF ACCESSORY DWELLING UNITS The Accessory Dwelling Unit shall be designed to be compatible reflecting similar massing, architectural style and detail, fenestration, roof pitch, color, and materials as the principal dwelling unit. SECTION 9414.12. PARKING REQUIREMENTS Separate parking shall not be required for the ADU. However, the square footage of the ADU shall be included in the total square footage calculation to determine total parking required pursuant to Municipal Code Section 9708. Residential Off-Street Parking (Section 9708, Table 9.7.2) to be amended as follows: Land Use Type Required Off-Street Parking Notes and Comments Single-family dwellings 2.0 covered spaces within a garage for dwelling units with 2,999 or less square feet of habitable space 3.0 covered space within a garage for dwelling units between 3,000 and 4,000 square feet of habitable space 4.0 covered spaces within a garage for dwelling units with 5,000 or greater square feet of habitable space For purposes of calculating required parking, the square footage of all enclosed areas, including storage areas, guest houses and ADUs, except the garage, shall be included. An equivalent number of required parking spaces shall be provided in the driveway. Driveway spaces may be tandem. Second unit developments 2.0 covered spaces within a garage Shall be in addition to the parking required for the main building. DEVELOPMENT REVIEW COMMITTEE (DRC) The DRC reviewed the proposed ADU amendments. Both the Fire and Police Departments were concerned with access. The Public Works Department was concerned with impacts to public streets, and the Building Department indicated that all new construction must comply with the Building Code. CONCLUSION Based on this report, Staff is requesting that the Planning Commission discuss the topic and provide feedback and comments on the proposed ADU development standards the R-1 zones. After providing staff direction, staff will make the necessary changes to the proposed language and return to the Planning Commission for a public hearing to consider the text amendment for adoption. EXHIBITS A. Accessory Dwelling Unit Area Map PC Agenda Page 8