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HomeMy WebLinkAbout34 - PH-2 - Adopt Code Amendment CO-17-01 Title 13 - 1/2/2018 CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 2, 2018 ITEM NUMBER: PH-2 SUBJECT: AN ORDINANCE TO ADOPT CODE AMENDMENT CO-17-01 AMEND ING TITLE 13, ARTICLE 2 CHAPTER I, IV, V, VI OF THE COSTA MESA MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS DATE: DECEMBER 15, 2017 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MINOO ASHABI, PRINCIPAL PLANNER FOR FURTHER INFORMATION CONTACT: MINOO ASHABI, AIA (714) 754-5610 minoo.ashabi@costamesaca.gov RECOMMENDATION 1. Find that the ordinance is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that “the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code” relating to “granny” housing and “second unit ordinances” are exempt from the requirements of CEQA; and 2. Introduce for first reading Ordinance No. 18-xx adopting Code Amendment CO-17- 01 for the following amendments to Title 13 (Zoning Code): • Chapter I, Article 2, Section 13-6: Replace Second Unit definition with Accessory Dwelling Units (ADU) definition; • Chapter IV, Section 13-30: Create a consistent reference to ADU as a land use category for R-1 and R2-MD zones; • Chapter V, Article 1, Section 13-35: Revise certain development standards of Second Units (parking, owner occupancy, maximum size, etc.); and • Chapter VI, Section 13.85: Amend residential parking requirements to include a minimum of one parking space per bedroom or a maximum of one parking for detached ADU with certain exceptions to allow for carpool, transit use, etc. BACKGROUND California Government Code Section 65852.2 regarding Second Units was first enacted in 1982 and has been amended several times to encourage the creation of second units while maintaining local flexibility for unique circumstances and conditions. Second units are now referred to as “accessory dwelling units” or ADUs. In September 2016, the State Legislature passed Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski) amending California Government Code Section 65852.2 related to ADUs, (Attachment Nos. 2 and 3). The two bills, which took effect on January 1, 2017, address local authority to regulate the development of second units within single family and multiple family residential zones. An ADU is defined as a secondary dwelling unit with complete independent living facilities for one or more persons and generally provided in three forms: • Detached: The unit is separated from the primary structure • Attached: The unit is attached to the primary structure • Repurposed Existing Space: Space (e.g., master bedroom) within the primary residence is converted into an independent living unit The bills were intended to reduce barriers to the development of ADUs, which have been found to be an affordable-by-design type of in-fill housing that can meet the needs of couples, small families, young people, students, and seniors by offering new below- market rentals in existing neighborhoods. In addition to providing an added source of income, an ADU can give homeowners the flexibility to share independent living areas with family members and others; allow seniors to age in place as they require more care; and, help extended families be near one another while maintaining privacy. The Department of Housing and Community Development (HCD) has confirmed that ADUs can be counted toward a city’s compliance with the Regional Housing Needs Allocation (RHNA). The City regulates ADUs through Zoning Code Section 13-35 Second Units. The current development standards and other City regulations do not fully comply with the new State law and to the extent they conflict with certain provisions of state law are now void. Until the local regulations comply with the new state law, the City must use the State’s more lenient ADU review standards. The State standards require ministerial approval (no discretion or public hearing) of an ADU in single-family and multi-family zones where only a single-family unit is present, provided other minimal standards are met. The City will regain the ability to regulate additional aspects of ADUs, such as location, lot size, unit size, parking, and aesthetics once it adopts a new ordinance in compliance with State law. An additional bill, AB 2406, establishes a new class of ADUs called Junior Accessory Dwelling Units (JADUs) that are entirely contained within the footprint of existing homes. Implementation of AB 2406 is optional and if the City does not adopt an ordinance, the state regulations are not mandated. At this time, staff does not recommend implementing AB 2406 as part of the City’s new ADU Ordinance because implementation of SB 1069 and AB 2299 will allow for an efficiency unit as small as 400 square feet, thereby incorporating many of the provisions of AB 2406. The Planning Commission held two public hearings to consider this matter and, on October 9, 2017, recommended adoption of the draft ordinance on a 4-1 vote (Commissioner Harlan voting against). For additional background information, please refer to the September 11, 2017 and October 9, 2017 Planning Commission staff reports at this link: http://www.costamesaca.gov/index.aspx?page=2049 Subsequent to Planning Commission consideration of this matter, staff has learned that AB 494 was signed by the governor and will become effective January 1, 2018. AB 494 consisted mainly of minor technical changes to the laws relating to ADUs. However, there were a few revisions of note. To ensure compliance with the recently enacted AB 494, staff has recommended slight revisions to the ordinance that was recommended by the Commission. The following modifications were made to the draft ordinance (Attachment 1): • Parking - One parking space shall be provided for an accessory dwelling unit unless the accessory dwelling unit has no bedrooms, in which case, no parking space is required. • Tandem parking - means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (The state does not currently define “tandem” spaces). City’s Current Requirements Costa Mesa’s Zoning Code allows second units only in R1 (single-family residential district) zones. Second units have been referred to as “accessory apartments” and/or “granny flats.” On October 04, 2011, the City Council adopted ordinance No. 11-10 that established the following development standards related to Second Units: • Minimum lot size requirements (8,500 SF) • Two open parking spaces required • Parking compliance for existing residence (off-street parking as established by the Zoning Code) Additionally, the primary residence was required to remain occupied by the property owner. To ensure this, recordation of a land use restriction was required. As noted previously, the above standards are inconsistent with the new State requirements and necessitate the initiation of a code amendment. ANALYSIS Code Amendment CO-17-01 The purpose of the proposed code amendment is to make the City’s standards consistent with State law and, where possible, establish minimums standards that maintain the character and livability of Costa Mesa’s residential neighborhoods. Other Orange County Cities Several cities in Orange County have adopted ADU ordinances that regulate minimum lot size and other related issues, such as parking exemptions for public transit. State law provides an exemption from required parking when a property is located within one-half mile of a public transit route; however, there is not a specific definition of “public transit” in the adopted bills. Some cities have adopted ordinances variously defining public transit routes; for example: • City of Newport Beach: “Public transit” shall include a bus stop with fixed route bus service that provides transit services at 15-minute or better intervals during peak commute periods. Minimum lot size for an ADU is 5,000 square feet. • City of Anaheim: The ordinance includes a map indicating the bus stops and the buffer zones, no specific definition was adopted. Minimum lot size for an ADU is 5,000 square feet. • City of Lake Forest: Language consistent with State law referring to public transit. Minimum lot size for an ADU is 4,000 square feet. • City of Garden Grove: Language consistent with State law referring to public transit. Minimum lot size for an ADU is 7,200 square feet. • City of Westminster: Language consistent with State law referring to public transit. Minimum lot size for an ADU is 6,000 square feet for interior lots and 6,500 square feet for corner lots. Applying the State’s “one-half mile to public transit route” criteria to Costa Mesa, which currently has two major bus routes north and south and along Newport Boulevard, could result in an ADU parking exemption for a large percentage of the R-1 and R2-MD parcels (Attachment 6). There is no associated requirement that precludes those receiving a parking exemption from having a car. There would simply not be a parking space required; regardless of whether the resident of the ADU had a car. In addition, there is evidence that bus ridership is down. Furthermore, bus routes have been modified or eliminated due to funding considerations by OCTA without any input from the individual cities and without any notice. Such changes by OCTA could result in a long-term loss of parking spaces if routes are changed or eliminated for which parking credits were granted. Accordingly, staff believes allowing a parking reduction in areas proximate to bus stops may result in long-term negative impacts to residential neighborhoods. The City Council, Planning Commission and residents have all expressed concerns with insufficient parking at various locations throughout the City. Staff, therefore, recommends that public transit be defined as facilities that have access or a connection to a permanent facility, such as the Newport Transportation Center located at 1653 Avocado Street in Newport Beach or the ARTIC multi-modal transportation center located in Anaheim, or a permanent fixed route system, should any such facility be built in, or immediately adjacent to, Costa Mesa. R1 and R2-MD parcels Eligible for Second Units Following are the requirements for development of a second unit in R1 and R-2 MD parcels based on various lots sizes: • The minimum lot size for R-1 zoned properties is 6,000 square feet. Parcels with less than 6,000 square feet in area are considered substandard in the R-1 district; • Parcels with 7,260 square feet or more in area can be developed with two units in the R-2 MD; however, there is a provision in the Zoning Code (Table 13-32) and City’s General Plan (Land Use Policy LU-2.4) that allows parcels with 6,000 square feet in area established before March 16, 1992 to be developed with two units; • Parcels over 8,500 square feet in area in R-1 zones can be developed with a second unit. The Planning Commission considered establishing a minimum lot size for properties to accommodate an ADU. The Planning Commission indicated its intent to maintain the single family character of neighborhoods where ADUs would be allowed. To address the direction of the Planning Commission, staff studied scenarios with two minimum lot size options: 7,260 and 7,500 square feet, as indicated in the following table: Table - 1 R1 and R2-MD Lots in the City # of Lots Percentage R1 (Single Family Detached) Lots 12,388 73% R2-MD (Multi-Family Medium Density) Lots 4,642 27% Total 17,030 100% R1 Lots (Single Family Detached) 12,388 100% Lots less 6,000 SF 1,181 9.5% Lots 6,000 - 7,200 SF 3,533 28.5% Lots 7,260 - 7,500 SF 4,345 35% Lots 7,500 SF or larger 3,329 27% R2-MD Lots (Multi-Family Medium Density) 4,642 100% Lots less 6,000 SF 2,895 62%* Lots 6,000 - 7,260 SF 566 12% Lots 7,260 - 7,500 SF 1,181 25% * This number includes all parcels including common interest development and small lots Using a scenario in which ADUs are allowed on lots “7,500 square feet or larger in R1 zone” and lots “between 6,000 and 7,260 square feet in R2-MD zone,” a maximum of 3,895 ADUs could be developed in the city (3,329 + 566). It is likely that the actual number will be less given other ADU requirements such as compliance with parking and open space, or that some R2-MD properties are already developed with multiple units and could not add an ADU to the property. Additionally, some property owners in the R2 zone would likely choose to develop other types of residential units on their property instead of an ADU. And finally, some homeowners in the R1 zone would be expected to choose not to have a rental ADU on their property. Broadening the above scenario to also allow ADUs on R2-MD lots sizes of “7,260-7,500 SF”, would create a potential for an additional 1,181 ADUs and a cumulative maximum total of 5,075 ADUs city-wide (3,329+566+1,181). As in the prior option, this is a worst case scenario. As Planning Commission recommended, the minimum lot size for parcels where an ADU would be permitted within the R1 zone was modified to 7,500 square feet. Table 2: ADU Potential Zoning Lot Size Lot Size Lot Size Lot Size < 6,000 SF 6,000 SF - 7,260 SF 7,260-7,500 SF > 7,500 SF R1 Potential ADUs One SFD only 0 units One SFD only 0 units One SFD only 0 units 1 SFD & 1 ADU (owner occupancy) 3,329 ADUs R2-MD Potential ADUs One SFD only 0 units One SFD & One ADU (owner occupancy) * 566 ADUs Two units (no restriction) 1,181 ADU s or small lot unit N/A * Under the current code, these parcels could be developed with two units and subdivided based on common interest development and small lot ordinance. To limit development to one single family house and one ADU and no subdivision, a Zoning Code amendment and General Plan update will be required to remove the exemption related to substandard lots above 6,000 SF in area and below 7,260 SF established prior to March 16, 1992. Table 3 – Comparison of State, Existing and Proposed Standards Standard State Standard Existing CM Standard Proposed CM Standard Location Permitted on lots zoned for both single-family or multi-family residential. ADU must be located on same lot. Allowed in R1 Zones Allowed in R1 zones and R2-MD zones developed with one unit Minimum Lot Size No standard 8,500 SF R-1 - 7,500 SF min. R2-MD - Permitted ONLY on legal lots existing as of March 16, 1992 between 6,000 and 7,260 square feet in area Standard State Standard Existing CM Standard Proposed CM Standard Unit Size Attached: 50% of existing living area; maximum 1,200 SF Detached: 1,200 SF max. Attached: 30% of existing living area; maximum 1,200 SF Detached: 1,200 SF max. Attached: 50% of existing living area; maximum 800 SF Detached: 800 SF max. Studios: 400 SF max. Aesthetics/height No standard Subject to Residential Design Guidelines Subject to Residential Design Guidelines Height: Maximum height of 15 feet, unless located above a garage, in which case the structure shall comply with the height limit of the underlying zoning district (typically 22 feet for flat roofs/27 feet for sloped roofs). Design: ADUs shall be designed similar to the principal dwelling on the lots with respect to architectural style, roof pitch, color, and materials and in compliance with the Residential Design Guidelines. Setbacks No setback shall be required for an existing garage that is converted to an ADU. A setback of no more than 5 feet from a side or rear lot line is required for an ADU that is constructed above a garage Subject to Residential Design Guidelines Per Zoning Code, except as modified by state standard related to conversion of existing structures Standard State Standard Existing CM Standard Proposed CM Standard Parking A maximum of one space required per unit or bedroom, whichever is greater. Spaces may be provided as uncovered, tandem parking on a driveway or mechanical lifts. No parking required if within half-mile of public transit stop or one block of a car- share vehicle program. Also, no parking is required if the unit is in a historic area, is within an existing structure, or where on- street parking permits are required but are not offered to the ADU occupant. Two spaces per unit One parking for each accessory dwelling unit unless the accessory dwelling unit has no bedrooms, in which case, no parking space is required. Parallel parking in rear alley setback prohibited. For accessory dwelling units that are within an existing single family residence, no additional parking is required; however, when a garage is converted to an accessory dwelling unit, a new garage must be provided on the parcel in compliance with provisions applicable to R-1 zone. Tandem parking - means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another Public transit is interpreted as facilities that have an access or connection to a permanent transit facility. Fire Sprinklers ADUs are not required to provide fire sprinklers if they were not required for the principal residence. Per State standards Per State standards Utilities Connection fees or capacity charges must be proportionate to the impact of the ADU based on either its size or number of plumbing fixtures. Per State standards Per State standards Standard State Standard Existing CM Standard Proposed CM Standard Conversion An existing single family residence could be altered to provide a second unit without changing the footprint of the building. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. Not allowed Per State standards, no setback for an existing garage that is converted to an accessory dwelling unit after 3 years of construction being finaled; five feet from the side and rear lot lines for a new accessory dwelling unit that is constructed above a garage. The property shall maintain a minimum two car garage and two open parking spaces for the main unit. Owner Occupancy Not required Main unit occupied by property owner The property owner shall reside in one of the units on the property at all times that the accessory dwelling is occupied. No restriction on renting to other than family members. Deed Restriction No restriction Required Required Density Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service. Consistent with state law Consistent with state law Neighborhood Character To preserve the character of single-family neighborhoods, minimize the appearance of multiple units on a lot, and ensure the design of ADUs is compatible with the principal residence, the draft ordinance regulates height and design as follows: • Height -- Detached ADUs would be restricted to one story and a maximum height of 15 feet, unless located above a garage or an extension of a second floor, in which case the structure shall comply with the height limit of the underlying zoning district (typically 22 feet for flat roofs/27 feet for sloped roofs). An ADU could be an addition to an existing second floor if an independent access is provided and the addition is consistent with the Residential Design Guidelines. However, split-level ADUs will are not permitted. • Design -- ADUs shall be designed similar to the principal dwelling on the lot with respect to architectural style, roof pitch, color, and materials and in compliance with the Residential Design Guidelines. Traffic Impacts State law indicates that local governments may apply development standards and may designate where ADUs are allowed. The City can also designate a certain area where ADUs are allowed based on health and safety issues including water, sewer, traffic flow and public safety. Based on the following, staff believes that traffic impacts resulting from ADU development will not be of a substantial magnitude to justify designation of a specific area for ADU development: • The total number of 12,388 R-1 parcels are dispersed throughout the City; • With the proposed 7,500-square-foot minimum lot size for R-1 parcels and 6,000 to 7,260-square foot range for R2-MD parcels (to accommodate an ADU), the maximum number of potential ADUs throughout the City (assuming all other development standards can be met and all property owners are interested in adding an ADU) is 3,895 (27 percent of R-1 lots and 12 percent of R2-MD lots) • Based on the ITE Trip Generation Manual (Institute of Transportation Engineers Trip Generation Manual, 9th Edition), the number of average daily trips for a condo/townhouse is 5.81 and for a single family dwelling is 9.52. Considering a maximum potential development of 50 percent of ADU units on eligible lots, the maximum potential added trips throughout the City is 11,315, which is approximately 6 percent of the existing estimated trips for low density and medium density residential of 170,639 trips. Unit Size Section 13-35 of the Zoning Code allows a detached second unit on lots larger than 8,500 square feet to be a maximum of 1,200 square feet in area and an attached unit to be a maximum of 30 percent of the floor area of the primary dwelling unit. Planning Commission recommended a minimum lot area (to accommodate and ADU) of 7,500 square feet in R1 zones to meet the requirement. To ensure that ADUs remain subordinate to the main structure, the draft ordinance recommends reducing the maximum size of detached ADUs from 1,200 to 800 square feet. The average unit size for older development on the east side could be below 2,000 square feet; therefore, an 800 square feet ADU would still be subordinate to the main house. In addition, this unit size is large enough to accommodate a one-bedroom and could easily be accommodated over an existing garage or within an accessory structure. The proposed ordinance would change the maximum size for attached ADUs, which is currently 30 percent of the existing floor area (excluding the garage) of the single family residence. To be consistent with State law, the maximum would be increased to 50- percent of the floor area of the existing dwelling. The City is unable to restrict the unit size of ADUs created from within the existing building envelope. Therefore, as long as the building footprint stays the same, no requirements are applied to conversion structures. In fact, State law is the most restrictive in terms of conversion and does not allow local jurisdictions to require additional parking with such conversions. Owner Occupancy / Land Use Restriction The City requires recordation of a land use restriction for second units. The land use restriction includes provisions for owner occupancy and would continue to be enforced if the unit is sold in the future. The proposed Code Amendment would keep this requirement. However, as proposed, either one the units could be owner occupied to address cases where the property owner prefers to live in the smaller unit. Conversions of Accessory Structures Per State requirements, a legally existing accessory structure located in a single-family zone can be converted into an ADU as long as it meets the following: 1. The ADU has independent exterior access. 2. The rear and side setbacks are deemed sufficient for fire safety as required by the Building Code. 3. The structure complies with applicable Building and Residential Codes for the proposed use. 4. The conversion does not involve an addition of floor area to the structure. 5. In such cases, the City may not require the applicant to install a new or separate utility connection or impose a related connection fee or capacity charge. Latest Announcements from HCD Staff attended a seminar lead by two representatives of the State Department of Housing and Community Development (HCD). The following clarifications and new information were provided: • So far, HCD has received over 70 adopted ordinances from local jurisdictions with about 10 percent of them also adopting regulations related to Junior Accessory Dwelling Units (JADUs). • There is no overriding statute related to JADUs and an ordinance addressing JADUs is not required to be adopted by cities. • Only one ADU or JADU could be developed per parcel, not a combination of these. • State regulations are only applicable to traditional single family and multi-family districts and not to single family units that may be otherwise subdivided (i.e., planned developments). • Covenants Codes & Restrictions (CC&Rs) could prohibit development of ADUs. • Cities could limit development of ADUs in certain areas for sewer, water and traffic capacities as long as the restriction is not burdensome. • Parking replacement shall be flexible and allowed to be provided in a variety of configurations. • ADUs could be counted toward Regional Housing Needs Assessment (RHNA) if the City maintains the data on affordability of these units. This could apply to previously constructed granny and second units with available data. • All adopted ADU ordinances submitted to HCD have been uploaded on their website and could be accessed along with all related information at: http://www.hcd.ca.gov/policy-research/AccessoryDwellingUnits.shtml Amendments Consistent with State Law The proposed code amendment includes the following changes: 1. Replace references to “Second Units” with the term “Accessory Dwelling Units” and revise the definition of an Accessory Dwelling Unit All references to Second Unit(s) within Title 13 of the Zoning Code will be replaced with the term Accessory Dwelling Unit(s). The definition of an ADU is proposed to be “A second dwelling unit established in conjunction with and subordinate to the single family dwelling unit existing on the property. The accessory dwelling unit may be attached to the single family 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.” 2. Revise reference from Second Units to Accessory Dwelling Units in the Land Use Category The Citywide Land Use Matrix only permits ADUs in an R1 zone. Per Government Code Section 65852.2, the code amendment would permit ADUs in single-family or multi-family residential zones if the lot is developed with a single-family unit and is subject to the requirements of Chapter V, Section 13-35 (Residential Development Standards). 3. Consistency with Residential Development Standards The Code Amendment for Part E of Section 13-31 allows the creation and ministerial consideration of ADUs in the R1 (single-family residential) and R2-MD (multiple-family residential district, medium density) zones, at the allowable general plan density for the lot. This is limited to a lot in a residential zone that contains one existing single-family dwelling unit. Each residential parcel may contain only one accessory dwelling unit. 4. Proposed Amendments - Residential Development Standards a. The Code requires that the primary (single family) dwelling unit be owner occupied. The Code Amendment would require that one of the two dwelling units (either the single family residence or ADU) be owner occupied. b. The Code limits ADUs to the R1 zone with a minimum lot size of 8,500 square feet. The proposed Code Amendment would allow ADUs in R1 zones with a minimum lot size of 7,500 SF and in R2-MD zones on properties that contain one single- family dwelling and have a lot size of between 6,000 and 7,260 square feet. This reduction in minimum lot size from 8,500 square feet to 7,500 square feet allows increased development opportunities for ADUs within the City consistent with the intent of State law. c. SB 1069 allows a local agency to require an ADU be owner-occupied or be used for rental of terms longer than 30 days. The Code Amendment would prohibit short- term rentals, require a minimum 30-day rental term and require owner occupancy of one of the units. d. The Code does not allow an attached ADU to exceed 30 percent of the existing living area of the single family residence. However, to be consistent with State law, that area would be increased to 50-percent of the floor area under the proposed Code Amendment. 5. Parking Requirements To provide an ADU, the main residence must be in compliance with the parking standards for a single family unit. If a garage is demolished as a result of development of an ADU unit or if a garage is converted, a new garage must to be constructed in accordance with the standards for the zone in which it is located. The parking requirement for a second unit is two open parking spaces. To be consistent with State law, the Code Amendment would require parking standards for an ADU as follows: 1. One parking space for the new attached or detached ADU with the following exceptions (where no additional parking would be required): • The ADU is located within ½ mile path of pedestrian travel via public rights-of-way to a permanent public transportation facility; • The ADU is located in a historic district; • The ADU is a part of the existing primary residence or accessory structure; • When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; and, • When there is a car-share vehicle located within one block of the accessory dwelling unit. To prevent car-sharing applications that allow individuals to rent personal vehicles to qualify, “Car-share vehicle” will be defined to mean part of an established program intended to stay in a fixed location for at least 10 years and be available to the public. • The ADU has no bedroom. Studio units are permitted up to 400 square feet. 2. The ADU’s parking spaces can be provided as tandem in the existing driveway, in addition to the parking required for the existing single family residence. Other City parking standards, such as prohibiting the extension of driveways beyond the garage access and no parking within front street setbacks and side setbacks (in case of corner lots) would continue to apply. For properties with access from an alley, no parallel parking along the alley setback is allowed. Tandem parking is considered parking in a row of a maximum of two cars, including the garage space. 3. Building Height The draft ordinance would allow a new ADU to be constructed as a single story accessory unit with a maximum height of 15 feet. This is to ensure that the ADU remains subordinate to the main unit. A second floor ADU would only be permitted when constructed over an existing detached structure, in which case would need to be entirely on the second floor (not a split-level). As proposed, the ADU shall not extend beyond the footprint of an existing garage and shall meet the Residential Design Guidelines. The second floor provision is allowed when the structure has been built for more than three years. This is intended to prevent second floor additions to garages built at reduced setbacks soon after said construction. 4. Short-Term Lodging The proposed Code Amendment would prohibit the rental of ADUs for a period of less than 30 days, consistent with the City’s prohibition of short-term lodging in single-family residential zones. 5. Owner-Occupancy The proposed Code Amendment would require that either the single family residence or the ADU be occupied by at least one person having an ownership interest in the property. This is intended to ensure that the property is being used consistent with the purpose and intent of the law and does not effectively become a duplex for rental purposes. 6. Deed Restriction The proposed Code Amendment would require that, prior to the issuance of a permit for an ADU, a deed restriction be recorded on the property’s Title to notify future owners of the requirement that the one of the units be owner-occupied and regarding the restrictions on short-term lodging. The deed restriction would remain in effect as long as the ADU exists on the property. GENERAL PLAN CONSISTENCY State law indicates that an ADU shall be deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed a residential use that is consistent with the existing General Plan and zoning district for the lot. Therefore, no amendments to the General Plan are required. PUBLIC NOTICE The Municipal Code requires publication of a display advertisement in the local newspaper (Daily Pilot) for Title 13 Code Amendments. At the time of publication of this report, no public comments have been received. Any correspondence will be forwarded to the City Council under separate cover. In addition to the newspaper advertisement, homeowner’s associations and other neighboring cities and government agencies were notified by mail. ENVIRONMENTAL DETERMINATION The project is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), “the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code” relating to “granny” housing and “second unit ordinances” are exempt from the requirements of CEQA. Similarly, the ministerial approval of an ADU would not be a “project” for CEQA purposes (See Guidelines Section 15378), and environmental review would not be required prior to approving individual applications. ALTERNATIVES The City Council may direct staff to make revisions to the draft ordinance, such as changing where ADUs are allowed, minimum lot size, maximum unit sizes, design standards, etc., provided the revisions are consistent with state law limitations and are not arbitrary, excessive, and burdensome. The requirements should not unreasonably restrict the creation of ADUs. The City Council could also determine not to adopt the proposed Code Amendment. In such case, however, current ADU standards in conflict with State law would be superseded by the less-restrictive State standards. LEGAL REVIEW The draft ordinance has been reviewed and approved as to form by the City Attorney’s Office. CONCLUSION The proposed ordinance and guidelines are prepared in compliance with the latest State requirements and as directed by SB 1069, AB 2299, and AB 494. MINOO ASHABI BARRY CURTIS, AICP Principal Planner, AIA Economic and Development Services Director Attachments: 1. Draft Ordinance 2.Senate Bill 1069 3.Assembly Bill 2299 4.Accessory Dwelling Unit Memorandum 5.Exhibits of site plan options 6.OCTA Bus Map (15 min. or less) 7.Recent Changes – AB 494