HomeMy WebLinkAbout- - CO-10-06 2nd Reading - 10/4/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: OCTOBER 4, 2011 ITEM NUMBER:
SUBJECT: SECOND READING OF ORDINANCE 11-10: ZONING CODE AMENDMENT CO -10-06 TO
AMEND TITLE 13, ARTICLE 2 DEFINITIONS, AND CHAPTERS III, IV, V, VI, AND XII OF
THE COSTA MESA MUNICIPAL CODE RELATING TO RESIDENTIAL SECOND UNITS
DATE: SEPTEMBER 21, 2011
FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: CLAIRE FLYNN, ACTING ASST. DEVELOPMENT SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: CLAIRE FLYNN, AICP, (714) 754-5278
dlynnO-ci.costa-mesa.cams
RECOMMENDATION
Give second reading to Ordinance 11-10 amending Title 13 of the Costa Mesa Municipal Code
related to second units.
BACKGROUND/ANALYSIS
Final Changes to the Ordinance
On September 20, 2011, the City Council gave first reading of the ordinance to amend the
regulations related to the processing and construction of second units in the R1 (Single
Family Residential) zone.
At the public hearing, Council requested the following additional changes which have been
incorporated into the Ordinance (Attachment 1).
• Change the minimum lot size requirement to 8,500 square feet, or about 10% of
the R1 lots in Costa Mesa.
As amended by Council action at the September 20th meeting, eligible R1
properties shall be limited to those equal to or greater than 8,500 square feet. This
represents approximately 10% of R1 lots.
The change is as follows:
"(b) A second unit shall be limited to a lot in the R1 zone with a
minimum lot size of 72,260 8,500 square feet." [Chapter V,
Development Standards, Section 13-35]
Require that the primary dwelling unit and the proposed second unit comply with
current Code requirements for parking.
Code currently requires two open parking spaces for a second unit in an R1 zone.
No change to this parking requirement for the second unit is proposed. However,
the Ordinance includes a change which requires that the existing primary residence
comply with the City's current off-street parking requirements. The offstreet parking
requirements in the R1 zone are attached for reference purposes (Attachment 2).
The changes are as follows:
"g) Two open parking spaces shall be provided for the second unit. In
conjunction with a second -unit application, Tthe parking required for
the primary dwelling unit shall be in compliance with the current
parking requirements as specified in puts a4e-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 tube
covered."
[Chapter V, Development Standards, Section 13-35, and Chapter Vl,
Off -Street Parking Standards, Section 13-85(d)]
CONCLUSION
The attached Ordinance reflects changes made by the City Council at their September 20,
2011 meeting regarding the minimum lot size requirement (8,500 square feet) and compliance
with current parking requirements for the second unit (two open parking spaces required) and
the existing residence (off-street parking requirements as established by the Zoning Code).
OA W (Z -,� �, '2-�
CLAIRE L. FLYNN, AIC
Acting Asst. Development Services Director
cc: Chief Executive Officer
City Attorney
Public Services Director
Transportation Svs. Manager
City Engineer
City Clerk
Staff (4)
File (2)
KHANH NGroJint
Interim Dev Services Director
Attachment: 1. Ordinance
2. Excerpt of Off -Street Parking Requirements in R1 Zone
0
Attachment 1
ORDINANCE 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.
3
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."
rI
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 upgrade of 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 for 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.
5
(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.
ATTEST:
PASSED AND ADOPTED this day of
2011.
GARY MONAHAN
Mayor of the City of Costa Mesa
APPROVED AS TO FORM:
City Clerk of the City of Costa Mesa City Attorney
II
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, JULIE FOLCIK, City Clerk and ex -officio Clerk of the City Council of the City
of Costa Mesa, hereby certify that the above .foregoing Ordinance No. 11- as introduced
and considered section by section at a regular meeting of said City Council held on the
day of , 2011, and thereafter passed and adopted as a whole at the regular meeting
of said City Council held on the day of , 2011, by the following roll call vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City
of Costa Mesa this day of , 2011.
City Clerk
City Council of the City of Costa Mesa
no
11
'Costa Mesa Zoning Code'
CHAPTER,Vl.'OFF-STREET 'PARKING STANDARDS
ARTICILEA., RESIDENTIAL'. DISTRICTS'`_
Sec, I3-84. PURPOSE
The purpose of this article is to establish parking requirements for', thei,rbsid6htial zones. The`.Pr6vi'Si1on8, of this
article shall apply to the. R1, R2 -MD, R2 -RD and R3 zones; and to thel portions ortion s of'r 'the Planned
- , 1, � I . .. .� ;
Development and Institutional and Recreational zones. a6eption'. Thes,e:parkingstandards:d.Q not apply to high -
.rise residential developments in the North,. Costa Mesa Specific,, Plan; see, the specific plan for, applicable,:parking
rates. -
Sec. 13-85. PARKING REQUIRE[)
In the residentiaLdistricts, the following- minimum. , 6ff= §jr6iet park I ing spaces paq r es be',,p'rovided. The parking spaces
shall provide safe and adequate ingress and .egress and '-'shall, 'b 6:1mpintainea 1n connection withthe, building or
structure and use of land.
RI zone and small-lQt sing ' jp4amily,hrirn
coon interest,,de blopments, (excluding rid toWhh&is6s');jAt the
time of the construction, -of'a residence, off-street parking.in the form ofaa_- garage -an. open parking. shall be
�
provided as follows:
l 0�,; .. 4;��
TABLE 'i'246(ia)-r',''
Ofl`=Strdet arkingStatidards.foe lngI F�A�
' Y Detached T "A mqS n zone andQ maI I C -f
89 Chapter V1 Off-street Parking Ste ' ndard,s
Residential'
Revised 6198 Ordinance 98-16, 7/00 Ordinance 00-11; Revised 6101 Ordinance 01-16; Revised 9103 Ordinance.03-8;
4106 Ordinance 06-9; 02107 Ordinance 07-2; 05109 Ordinaince 09-3
Detached; 'Ae61denti6l Comm6n'Interest Developments
, . with 4 Bedrooms: or I Fewer
ifigIe-Fa - imfly Detached Residence
Single Fa
Garage. arkffig 8paces':
Open Parking Spaced
TotzdParking)Spaces
2
Lots without garage access
4
from alley: 2
Lots with garage access from
3
alley: 1
Single -Family . Detached Residence with, 5 Bedrooms or Moret
New Construction
Garage Parking Spaces 2
Open Parking'Spaces 1,2
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 Space s 1' 2
Total Parking Spaces
2
Lots without garage access
4
'from alley:'2
Lots with garage access from
3
alley: I
I
1. In R1 7 -ones, 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,
l 0�,; .. 4;��
TABLE 'i'246(ia)-r',''
Ofl`=Strdet arkingStatidards.foe lngI F�A�
' Y Detached T "A mqS n zone andQ maI I C -f
89 Chapter V1 Off-street Parking Ste ' ndard,s
Residential'
Revised 6198 Ordinance 98-16, 7/00 Ordinance 00-11; Revised 6101 Ordinance 01-16; Revised 9103 Ordinance.03-8;
4106 Ordinance 06-9; 02107 Ordinance 07-2; 05109 Ordinaince 09-3
Costa Mesa Zoning Code
(1) Required garage dimensions: Each-garag& space shall have interior dimensions that are a
minimum 10 feet wide by 20 feet long,.,unobttructed: 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 unless the total number of bedrooms.is 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) R2 -MD, R2 -HD, 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/orwhen 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..Tequired 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: -
Sec..13-86. PARKING REQUIRED IN'MI'XED-USE`OVERLAY ZONE, .
Inthe mixed-use overlay zone, residential parking rates are, provided in the applicable urban plan.
1'D
Chapter VI Off -Street Parking Standards 90
Residential
Revised6/01 Ordinance 01-16; Revised 3102 Ordinance 02-4