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HomeMy WebLinkAbout11-10 Adopting Zoning Code Amendment Relating to Residential Second Units, Granny Units, and Accessory ApartmentsORDINANCE NO. 11-10 AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA ADOPTING ZONING CODE AMENDMENT CO -10-06, AMENDING TITLE 13, ARTICLE .2 DEFINITIONS, AND CHAPTERS III, IV, V, VI, AND XII OF THE COSTA MESA MUNICIPAL CODE RELATING TO RESIDENTIAL SECOND UNITS, GRANNY UNITS, AND ACCESSORY APARTMENTS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: ,WHEREAS, the State Second Unit Law in California Government Code Section 65852.2 intends to promote the creation of second units in residential zones and to require ministerial consideration. of second -unit applications to streamline the development review process for second units; WHEREAS, California Government Code Section 65583.1 (a portion of State Housing Element Law) allows identification of the realistic capacity for second units in addressing a locality's share of the regional housing need; WHEREAS, the City of Costa Mesa General Plan indicates that the City will continue to promote second units as an alternative affordable housing option for seniors and lower-income individuals as part of the Year 2008 to 2014 Housing Element, WHEREAS, the Costa Mesa City Council finds that the amendments to Title 13 of the Costa Mesa Municipal Code regarding second units (also referred to as granny units, accessory apartments, in-law apartments) are consistent with the intent of the State Second Unit Law; WHEREAS, the Costa Mesa City Council acknowledges that Government Code Section 65852.2(e) limits parking requirements to one parking space per. unit or bedroom; however, this subsection allows a locality to make specific findings for additional parking requirements. In this case, Title 13, Chapter VI, Off -Street Parking Requirements, of the Costa Mesa Municipal Code requires a minimum of two parking spaces for a studio apartment. The Costa Mesa City Council finds it appropriate to apply this minimum standard of two parking spaces for a second unit, and this would be would be in addition to the parking required for. the primary dwelling unit. WHEREAS, the new regulations shall not be applicable to second -unit applications that are submitted to the City on or before the effective date of this Ordinance. SECTION 1: TITLE 13 (ZONING CODE) AMENDMENTS. Title 13 of the Costa Mesa Municipal Code is hereby amended as follows: A. Article 2, Definitions, is amended to remove definition of accessory apartment. B. Article 2, Definitions, is amended to include a new definition for a second unit to read as follows: "Second unit. A second dwelling unit established in conjunction with and subordinate to a primary dwelling unit. The second unit may be attached to the primary dwelling unit or located in a detached accessory building on the same lot. It may also be referred to as an accessory apartment, granny unit, granny flat, or in-law apartment." C. Chapter III, Planning Applications, Section 13-28(e) is amended to read as follows: "(e) Development review. The following shall be subject to development review: (1) Single -story residential construction: In the R2 -MD, R2 -HD, and R3 zones, any single -story construction of 2 or fewer new single -story dwelling units. Exception: New single -story accessory buildings, such as garages or carports, single -story room additions, and other minor construction that comply with all applicable development standards shall not be subject to development review but shall be reviewed by the Planning Division. (2) Two-story residential construction: In the R2 -MD, R2 -HD, and R3 zones, any two-story construction on a lot where there are 2 or fewer dwelling units or any second -story addition on a lot with more than 2 dwelling units that complies with any residential design guidelines adopted by City Council. (3) Construction of new buildings or additions to existing buildings in the AP, CL, C1, C2, C1 -S, MG, or MP zones. However, building additions that do not exceed 2,000 square feet.or 50% of the existing building area, whichever is less, and comply with all applicable development standards shall not be subject to development. review. (4) Lot line adjustment; and (5) Any other use specified in this Zoning Code as requiring development review." D. Chapter IV, City' Land Use Matrix, Table 13-30 City of Costa Mesa Land Use Matrix, Row 12, Row 15.1, Row 20, Row 22.2, and Row 22.3 are hereby amended as shown in Exhibit "A." E. Chapter V, Development Standards, Article 1, Residential Districts, Section 13-31 is hereby amended to read as follows: "Sec. 13-31. PURPOSE The purpose of this article is to achieve the following: (a) Ensure adequate light, air, privacy and open space for each dwelling unit. (b) Minimize traffic congestion and avoid overloading of public services and utilities. (c) Protect residential neighborhoods from excessive noise, illumination, unsightliness, odor, smoke and other objectionable influences. (d) Locate development which retains the scale and character of existing residential neighborhoods and facilitates the upgradeof declining and mixed -density residential neighborhoods. (e) Provide for the creation and ministerial consideration of second units .in the R1 zone.(Single-Family Residential District) at the allowable General Plan density.#or the lot." F. Chapter V, . Development Standards, Sections 13-35 and 13-36. are hereby amended to read as follows: "Sec. 13-35. SECOND UNITS Pursuant to Government Code § 65852.2, local governments have the authority to adopt regulations designed to promote second units. A second unit which conforms to the requirements of this Section shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the General Plan designation and zoning classification for the lot. The following criteria constitute the standards that the City shall use to evaluate a proposed second unit. (a) A Land Use Restriction requiring that the primary dwelling unit be owner occupied shall be recorded on the property prior to the issuance of a building permit for the second unit and shall be valid as long as the second unit exists. (b) A second unit shall be limited to a lot in the R1 zone with a minimum lot size of 8,500 square feet. (c) A second unit shall not be intended for sale but may be rented. (d) The primary dwelling unit shall be a single-family residence. (e) If detached from the primary dwelling unit, the second unit size shall not exceed 1,200 square feet. (f) If attached to the primary dwelling unit, the second unit size shall not exceed 30 percent of the existing living area of the primary dwelling unit. (g) Two open parking spaces shall be provided for the second unit. In conjunction with a second -unit application, the parking required for the primary dwelling unit shall be in compliance with the current parking requirements as specified in CHAPTER VI OFF-STREET PARKING STANDARDS and shall not be attributed to the second unit. The parking for the second unit does not need to be covered. (h) A second unit shall comply with the residential development standards shown in TITLE 13, CHAPTER V, TABLE 13-32 and shall be subject to all applicable residential design guidelines. (i) An application for a second unit shall be considered ministerially by the Development Services Director or his/her designee. Exception: Where deviations from the residential development standards are requested, the second unit application is subject to the application processing procedures as set forth in TITLE 13, CHAPTER III PLANNING APPLICATIONS. An appeal shall be in accordance with. TITLE 2, CHAPTER IX APPEAL, REHEARING AND REVIEW PROCEDURE. (j) An application for a second unit involving second story construction may be subject to minor design review pursuant to TITLE 13, CHAPTER III .PLANNING APPLICATIONS. Sec. 13-36. Reserved for future use." G. Chapter VI, Off -Street Parking Standards, Section 13-85(d) is hereby amended to read as follows: "(d) Parking for second units. Two open parking spaces shall be provided for the second unit. In conjunction with a second -unit application, the parking required for the primary dwelling unit shall be in compliance with the current parking requirements as specified in CHAPTER VI OFF-STREET PARKING STANDARDS and shall not be attributed to the second unit. The parking for the second unit does not need to be covered." H. Chapter XII Special Fee Assessments, Section 13-276(a)(1) is hereby amended to read as follows: "Sec. 13-276. EXEMPTIONS (a) Exempt development projects. Projects which fall within any of the categories listed below shall be exempt from the provisions of this article: (1) Any residential construction that does not increase the number of permanent housing units on the lot where the construction takes place, such as remodeling or rebuilding an existing house or units. Second units are also exempt." SECTION 2: ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b) (3) (general rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this ordinance amending the Zoning Code will have a significant effect on the environment.. SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance. SECTION 4: SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 5: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. PASSED AND ADOPTED this 20th day of September, 2011. ATTEST: Julie Iyolcik, City derk Gary M onahan Ta- yor APPROVED AS TO FORM: ZrA Thomas Duiaffe, dity Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 11-10 was duly introduced for first reading at a regular meeting of the City Council held on the 20th day of September 2011, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 4th day of October, 2011, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MONAHAN, RIGHEIMER, LEECE, MENSINGER NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: BEVER IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 5th day of October, 2011. JU FOLCIK, CITY CLERK I hereby certify that the above and foregoing is the original of Ordinance No. 11-10 duly passed and adopted by the Costa Mesa City Council at the regular meeting held October 4, 2011, and that Summaries of the Ordinance were published in the Newport Beach -Costa Mesa Daily Pilot on September 28, 2011 and October 12, 2011. JU FOLCIK, CITY CLERK (SEAL) Costa Mesa Zoning Code .... _ 'ABLE.; -CITY, QF CO,STA.MESALAND USE.Ni-TRIX`. , LAND USES 1fi 2 2° C1 G P p p> i S RR R R C Vit. R D D L. M: H' N 1 S D1 D: D C. 1 11.Single room Occupancy residential hotel • . . Cz Cz 6. • • (subject to City Council Policy 500-5) • • ACCESSORY USES�ti 3FN ia r"at`v5 '-r '- r s. �� F =T—.tea-e�yjiC� eFylYaf �''F'wSie,,tim �S a 'y".", �v-�I 12. Reserved for future use. 13. Animals, keeping of SEE TITLE 3, ANIMALS AND FOWL 14. Antennas: Amateur radio, Satellite SEE CHAPTER IX, ARTICLE 21 ANTENNAS dish, Communication 15. Reserved for future use 15.1 Incidental residential use that C M M M includes a toilet in combination with a C C C C M M M M M bathtub or shower. This applies to an C C C C3 C3 accessory use contained in a detached structure, or contained within the main structure with no interior connection between the main and incidental use. 16. Day care facilities (15 children or C C C C C C C C C C C —Etc more) (see also Nursery schools) C C C C C C P • 1711 . Family day care -large. (7-14 children) Pz Pz Pz Pz . . . Pz pz Pz Pz (subject to the requirements of Section 13- _ Pz, P 37 LARGE FAMILY DAY CARE HOMES) ap2 3 a 1 45.2 chapter IV Citywide Land Use Matrix Revised 3/98 Ordinance 98-5; 4100 Ordinance 00-5; 2101 Ordinance 01-1; 3102 Ordinance 02-4; 6102 Ordinance 02-12; 2105 Ordinance 05-2; 7105 Ordinance 05-11; 9106 Ordinance 06-18 1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan. 2. This use is subject to the requirements of the referenced Municipal Code article or section. 3. If residential uses exist, accessory uses shall be permitted. 4. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning; C - Conditional Use Permit; MC - Mina Conditional Use Permit; P - Permitted; • - Prohibited M X D Costa Mesa Zoning Code - . .,-: • - ' GITY OF,COSTA MESA: LAND USS Mi4TRDC . `. LAND USES C C, M'., •N P".:p p. 3 Pr 1 2 1 C' G P D D D D D D & M Ii h•, R1 .R D , D L M H N y g a 1 D M' ^ - 'p ". -p3,.- 18. Family day care - small (up to 8 P P P P • • • . pa p:. P p3 p children) 19. Garage/yard sales - no more than 2 P P P P • . p p P p p3 P3 . events permitted a year, not to exceed 3 consecutive days 20. Reserved for future use. 21. Home occupations (subject to the PZ PZ PZ PZ PZa PZ PZ• p2, P2• PZa P2, p2, 'P2 P2 p2 P2 pa p2, p2 . requirements of CHAPTER IX, ARTICLE 6, 3 a 3 3 3 3 3 3 HOME OCCUPATIONS) 22. Home occupations that generate M' M M M MC M M M M M M M MC M M M M M M . traffic and do not involve more than one C2 C2 C2 C2 2.3 C2 C2 C2 C2 CZ C2, C2, 2 C2 C2 C2 C2 Cz, C2, customer/client at a time or more than 8 a 13 .3 ,3 3 3 3 ,3 3 3 customers/clients per -day (subject to the requirements of CHAPTER IX, ARTICLE 6, HOME OCCUPATIONS) 22.1. Nonresidential accessory uses in a ., residential development not otherwise specified in this table 22.2 Second Unit (subject to the PZ • • • . • . . • . . . • . • • • . • requirements of CHAPTER V, SECTION 13- 35, SECOND UNITS) 45. Chapter IV -Citywide Land Use Matrix Revised 3198 Ordinance 98-5; 4/00 Ordinance 00-5;:Ordinance 2101; Ordinance 01-1 Revised 1/02 Ordinance 01-30; 3102 Ordinance O -4; 2/05 Ordnance 05-2; 7/05 Ordinance OS -11;'2106 Ordinance 06-2-,02/07 Ordinance07-2 Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan. This use is subject to the requirements of the referenced Municipal Code article or section. If residential uses exist, accessory uses shall be permitted. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: C - Conditional Use Permit; MC - Minor Conditional Use Permit; P - Permitted; • - Prohibited M X 00 D Costa Mesa Zoning Code nv�.r r r LIa�rvHt ;Hlvu..littititH;I.IUNAL.USES. - :-..�,:: 23. Cemeteries . . . . • ., .. _. ,... • 24. Churches and other places of religious CZ CZ C2 C2 C2 C2 P2 P2 C2 C2 p2 P2 C2 C2 CZ C2 02 C2 p2 C2 . assembly (Subject to the requirements of ARTICLE 4.5 DEVELOPMENT STANDARDS FOR CHURCHES AND OTHER PLACES OF RELIGIOUS ASSEMBLY) 25 Civic and communit lub yc s 26. Convalescent hospitals; Nursing COSTA MESA LAND USEIVIATRUC C C C C C C C C C C P C P C P . P C C C .MPP C C C C C -p homes 2 FIT 1 2 1 C1 G: P D D, ,p..D:"-D.. .. &. .& C - C M` H • s S, • C R li ;= R R,.- G-:- Al j? R 28. Crematories - See also Mortuaries D D C ' C C o M H • p services "C" 1 29. Fairgrounds; Outdoor festival FC {permanent) M � 30. Hospitals, general . . . . . p2 PZ p2 p2 p2 p2 p2 P2 P2 P2 p2 p2 p2 p2 p2 p2 ..P2:. -P2...•.P2 • C P2 P2 nv�.r r r LIa�rvHt ;Hlvu..littititH;I.IUNAL.USES. - :-..�,:: 23. Cemeteries . . . . • ., .. _. ,... • 24. Churches and other places of religious CZ CZ C2 C2 C2 C2 P2 P2 C2 C2 p2 P2 C2 C2 CZ C2 02 C2 p2 C2 . assembly (Subject to the requirements of ARTICLE 4.5 DEVELOPMENT STANDARDS FOR CHURCHES AND OTHER PLACES OF RELIGIOUS ASSEMBLY) 25 Civic and communit lub yc s 26. Convalescent hospitals; Nursing C. C C C C C C C C C C P C P C P . P C C C C C C C C C -p homes .. . 27. Country clubs; golf courses C - C I C C • • C C C C C_. 28. Crematories - See also Mortuaries . C . C C o • p services 29. Fairgrounds; Outdoor festival FC {permanent) � 30. Hospitals, general . . . . . 31. Libraries, privately -operated C C C C • C • CC • C C • C C • C • C • C • C • C. P P • G • 31a. Medical marijuana dispensary . . . . 32. Mortuary services without crematories • • • C C C C C C C .' C - .45.2 Chapter.IV Citywide Land Use Matrix Revised 3/98 Ordinance 98-5; 4/00 Ordnance 003; 2/01 Ordinance 01-1; 3/020rdinance 02-4; 6/02 Ordinance 02-12; 2/05 Ordinance 05-2;7/05 Ordinance 05-11; 9/06 Ordinance 06-187 1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan. 2. This use is subject to the requirements of the referenced Municipal Code article or section. ' 3. If residential uses exist, accessory uses shall be permitted. 4. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: C - Conditional Use' Permit; MC - Minor Conditional Use Permit; P - Permitted; • - Prohibited EXHIBIT Costa Mesa:Z:oriiitg>Gode . . CHAPTER VI. OF .?STR;EET pARKING:STANDARDS ARTICLE`1. RESIDENTIAL:DISTRiGTS Sec. 13-84. PURPOSE The purpose of this article is to establish parking requirements fQ[;th6 residential zones. `The,provisions of this article shall apply to the R1, R2 -MD, R2 -HD and R3 zones, -and to the reslOntlal portions .of 'the Planned Development and Institutional and Recreational zones. Exception; These.patking -standards. do not 'apply to high- rise residential developments in the -North Costa Mesa Specific`P:.•lan; see the specific plan'•for applioable •parking rates. sec. 13.85. PARKING REQUIRED In the residential districts, the following. minimum pff:street p'arkinµgt.spaees-4hAIl:be:provided. The:par.:ktn'g spaces shall provide safe and •adequate ingress -ant egress olid shall:fb'e:mairltl(1ed ih oonneetiori with the building or structure and use of land, a) R1 zone and small -lot sing le=family.commbn interest. developments (excluding toWnhouses),. At the time of the construction of a residence, off-street parking.in the form of,a,gprage•and openparking shall be provided as follows: -:TABLE I-V05(aj Owsireet Parking StanslarHs,foYrSI'n!6le=�ainily.Detach6q Residences in.R1•zone and Small -Lot, ; Detached; _ esjdentlaLCommon Iriterest'Developtn'epts $Ingle?! airi�f�iDetaehad Residence with 4 Bedrooms or Fewer Garage Parking•Spaces '' Open Parking Spaces° Total -Parking Spaces 2 Lots without garage access 4 from alley: 2 Lots with garage access from 3 alley; 1 Single -Family Detached Residence with 6 Bedrooms or More New Construction Garage Parking Spaces2 Open Parking Spaces' 2 Total Parking Spaces 3 Lots without garage access 5 from alley: 2 Lots with garage access from 4 alley:1 Bedroom Additions Garage Parking Spaces Open Parking Spaces 1,2 Total Parking Spaces 2 Lots without garage access 4 'from alley: 2 Lots with garage access from 3 alley: 1 1. In R1 zones, required open parking may be provided in a garage or on a minimum 19 -foot long, individual driveway leading to a garage. In common -interest developments, required open parking may be provided on an individual unit's driveway or within the common area. Open parking provided as tandem spaces is subject to approval of a minor conditional use permit. 2. For single-family detached residences with five bedrooms or more, tandem parking of up to two standard vehicles Is permitted in the garage as it relates to new construction. Tandem garage parking shall exclusively consist of two standard parking spaces. 89 Chapter VI Off -Street Parking Standards Residential' Revised 6198 Ordinance 98-16, 7100 Ordinance 00-11; Revised 6101 Ordinance 01-16; Revised 9103 Ordindnce:;0'3;8; •• 4105 Ordinance 06-9; 02107 Ordinance 07-2; 06109 Ordinance 09-3 EXHIBIT Costa Mesa Zoning Code (1) Reouired garage dimensions: Each- garage space shall have interior dimensions that are a minimum 10 feet wide by 20 feet long, unobstructed inside measurements. Each residence shall have no more than 700 square feet of garage area unless authorized by a minor conditional use permit., (2) Application to an existing residence: The off-street parking requirements stated above shall not be applied•to an existing residence -at the time the residence is Increased In size.and/or'the number of bedrooms is Increased 'uhless'the total number of bedrooms.1s increased to 5 or more bedrooms. (3) With approval of a minor modification, 'the Planning Division may allow the retention of an existing driveway access from a street to satisfy open parking requirements, at such time that garage access is proposed from an abutting alley. . (b) R24D, R2 -MD, R3, PDR -LD, PDR -MD, .PDR -HD, PDR -NCM -and residential components 'of developments in the PDC and PDI zones. At the time of the construction of any building and/or when a . structure is enlarged or increased by adding a bedroom(s), required parking shall be provided per Table 13- 85, Exceptions: (1) For lots that are zoned multiple -family residential and contain only one single-family detached residence, the parking requirements in Table 13-85(a) shall be applied. (2) For individual lots in common -interest developments that contain *only one single-family detached residence (excluding townhouses), the parking requirements in Table 13-85(a) shall be applied. . (c) Reduction of required parking prohibited. A property owner or property manager shall make available to tenants and guests the -parking required -by this subsection. No property owner or: property manager shall lease, rent, sell, or '-otherwise make .unavailable to residents and guests required. -parking. Furthermore, the rental of'a dwelling unit•shall.be deemed to Include the exclusive. use of at least one covered parking space.and equal access to the required open spaces reserved for residents. (d) Parking for accessory apartments and granny units, Accessory apartments and granny units as provided for elsewhere in this Zoning Code shall be provided with at least two (2) on-site parking spaces in addition to parking required for the existing single-family residence, The parking need not be covered. City of Costa Mesa Parking .Standards shall apply. . See..13-86. PARKING REQUIRED IN MIXED-USE OVERLAY ZONE In the mixed-use overlay zone, residential parking rates are provided in the applicable urban plan.