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CC - Introduction of an Ordinance Amending Title 17, Zoning, of the Culver City Municipal Code (CCMC), Section 17.210.015 - Residential Zoning District Land Uses and Permit Requirements, and Zoning Code Section 17.400.095 - Residential Uses - Accessory Dwelling Units (Zoning Code Amendment P2017-0052-ZCA).
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Meeting Date: April 11, 2017
Contact Person/Dept: Michael Allen / Contract Planning Manager
Sol Blumenfeld / Community Development Director
Phone Number: 310-253-5727
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [X] Action Item: [] Attachments: [X]
Commission Action Required: Yes [X] No [] Date:
Public Notification: (E-Mail) Meetings and Agendas - City Council (04/04/17);
Department Approval: Sol Blumenfeld, Community Development Director (04/03/17)
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RECOMMENDATION
Staff recommends the City Council, after conducting a public hearing, introduce an ordinance (Attachment No. 1) approving Zoning Code Amendment P-2017-0052-ZCA, amending Zoning Code Section 17.210.015 - Residential Zoning District Land Uses and Permit Requirements, and Zoning Code Section 17.400.095 - Residential Uses - Accessory Dwelling Units.
PROCEDURE:
1. The Mayor seeks motion to receive and file the affidavit of mailing and posting of public notice.
2. The Mayor calls on staff for a brief staff report and City Council poses questions to staff as desired.
3. The Mayor seeks a motion to declare the public hearing open and the City Council receives public comment.
4. The Mayor seeks a motion to close the public hearing after all testimony has been presented.
5. The City Council discusses the matter and arrives at its decision.
BACKGROUND
Accessory Dwelling Units (ADU), also often referred to as secondary units, backyard cottages, granny flats, and in-law units, are additional housing units placed next to, or added onto a single-family residence. Government Code Section 65852.2 defines an ADU as a secondary dwelling unit with complete independent living facilities for one or more persons and may be attached, detached or repurposed living space created from the primary structure on a property.
Recently, the State has passed new legislative mandates effective as of January 1, 2017 (i.e., AB 2299, AB 2406, and SB 1069) in an effort to reduce barriers to new housing production in cities throughout California.1 The statutes strengthen the default State law originally passed in 2002 which allows property owners to build ADU’s in backyards and other available land on their property. Effective January 1, 2017, the State further revised ADU regulations to reflect these recent statutes.
DISCUSSION
Culver City Municipal Code Section (CCMC) 17.200.015 Residential Zoning District Land Uses and Permit Requirements currently allows an ADU to be constructed in R1, R2 and R3 Zones with the issuance of an AUP (a discretionary action requiring certain findings for approval). Additionally CCMC Section 17.400.095 Residential Uses - Accessory Dwelling Units, establishes development standards for the development of ADU’s including but not limited to lot sizes, unit sizes, location, parking, and setbacks.
In response to the new State mandate, on March 22, 2017, the Planning Commission adopted Resolution No. 2017-P006 recommending to the City Council approval of Zoning Code Text Amendment P2017-0052-ZCA related to accessory dwelling units. Resolution No. 2017-P006 was further revised by the Planning Commission for clarity to ensure compliance with State law.2 Although State law has restricted a city’s ability to regulate ADUs, local agencies still maintain some legislative authority3.
During the hearing, the Commission received testimony regarding prohibiting ADU’s in hillside areas. In light of the City’s recent moratorium on new hillside construction which was adopted to provide time to study new development standards for hillside development (which may include the construction of ADUs in hillside areas) the Commission recommended to wait until the hillside development study was completed before adding any new prohibitions on hillside ADUs to the draft Zoning Code Amendment.
Summary of Existing Regulations and Compliance with State Law
The following summarizes the applicable and permissible development standards for ADUs, which are set forth in the current Zoning Code (Section 17.400.095) and are included or modified in the proposed Zoning Code Amendment, to address the requirements of the amended state law:
A. Minimum Lot Size. A minimum lot size of 6,000 square feet shall be required for the construction, use and maintenance of accessory dwelling units. (Partially inconsistent with state law. Although state law does not preclude a city from establishing a minimum lot size, cities may not establish a standard that would burden the development of ADUs. In addition, minimum lot sizes may not be applied to ADUs located within existing structures. Given that a majority of lots in the City are on average 5000 square feet, staff is recommending this provision be modified. Amendments to the current provision are being proposed to address these issues.)
B. Maximum Unit Size. The maximum permitted unit size may be up to 1/2 the gross square footage of the primary dwelling unit on the lot, but shall not exceed 600 gross square feet in floor area. (Consistent with state law.)
C. Minimum Unit Size. The minimum unit size shall be 220 square feet. (Consistent with state law.)
D. Zones in which Accessory Dwelling Units may be Constructed. The construction, use, and maintenance of accessory dwelling units shall only be permitted in the R1, R2 and R3 Zones. (Partially inconsistent with state law. State law requires cities to allow ADUs in multi-family residential zones. Amendments to the current provision are being proposed to address this issue.)
E. Density. Accessory dwelling units shall be permitted on properties with no more than one existing dwelling unit currently on the site. No more than one accessory dwelling unit is allowed on a property. (Partially inconsistent with state law. State law requires cities to allow ADUs in multi-family residential zones. Amendments to the current provision are being proposed to address this issue.)
F. Minimum Room Dimensions. Minimum room dimensions, including ceiling heights, floor area and width, shall meet the Uniform Building Code regulations in effect at the time of construction. (Consistent with state law)
G. Location. Accessory dwelling units shall be located behind the primary dwelling. (Inconsistent with state law. ADUs must be allowed to be located within an existing dwelling unit. Amendments to the current provision are being proposed to address this issue.)
H. Parking. One uncovered non-tandem parking space shall be required for an accessory unit. Required parking may not be located within the front setback area leading to the required covered parking. No tandem parking is permitted unless it is adjacent to an alley. If access to parking for the accessory dwelling unit is provided from an alley, the applicant shall pay a pro-rata share for the paving of an unpaved alley. (Inconsistent with state law. Required parking may be located anywhere on the lot and may be provided in tandem and no additional paving requirements may be established in connection with the proposed ADU. Amendments to the current provision are being proposed to address this issue.)
I. Habitability. Accessory dwelling units shall be fully habitable and shall include kitchen and bathroom facilities. A maximum of one separate bedroom shall be permitted per unit. (Consistent with state law.)
J. Occupancy Restrictions. There shall be no occupancy restrictions on the accessory unit however, the applicant for an accessory must be a resident property owner. (Consistent with state law.)
K. Setbacks. The setback requirements for an accessory dwelling unit shall be the setback requirements of the zone in which the dwelling unit is located. (Partially inconsistent with state law. State law allows the City to impose standards relating to setbacks in general. However, where an ADU is proposed for the conversion of an existing garage, no setback shall be required; and where an ADU is located above a garage, the maximum setback allowed is five feet from the side and rear lot lines. Amendments to the current provision are being proposed to address this issue.)
L. Conversion of Nonconforming Structure. When an existing nonconforming accessory structure is converted to an accessory dwelling unit, the required setbacks for the zone in which the unit is located must be provided. Legal nonconforming setbacks must be brought into conformance with the zoning regulations in effect at the time the unit is converted. (Not consistent with State law, where an ADU is proposed for the conversion of an existing garage, no setback shall be required; and where an ADU is located above a garage, the maximum setback allowed is five feet from the side and rear lot lines. Amendments to the current provision are being proposed to address this issue.)
M. Design Standards. Specific design standards to encourage design compatible with existing structures on-site and to protect the privacy of adjacent properties may be applicable to the project as determined by the Administrative Use Permit process. (Partially inconsistent with state law. State law allows the City to impose standards on design; however, the AUP process is not permitted as discussed herein above. Amendments to the current provision are being proposed to address this issue.)
N. Additional Standards. All other standard requirements shall apply according to the zone in which the subject property is located; including but not limited to, open space, building height and distance between structures. (Inconsistent with state law. To the extent any “other standard requirements” are not consistent with state law, they would be unenforceable. Amendments to the current provision are being proposed to address this issue.)
ENVIRONMENTAL DETERMINATION
Pursuant to Sections 15162 and 15168 of the California Environmental Quality Act (CEQA), Zoning Code Text Amendment (P2017-0052-ZCA) is within the scope of the Culver City General Plan Update Program EIR (PEIR 1, September 1996) and the Culver City Redevelopment Plan Amendments and Merger Program Subsequent EIR (PEIR 2, November 16, 1998). No new significant information has been found that would impact the environmental analysis for PEIR 1 or PEIR 2; therefore, no new environmental analysis is required for the subject Zoning Code Amendment.
SUMMARY
The State has mandated ministerial review of ADUs and required cities to eliminate current zoning code provisions that conflict with State housing law. The State has taken this proactive role in regulating ADUs because they are seen as an effective way to provide affordable housing in a community. State law mandates the inclusion of ADUs in residential zones however, a local jurisdiction may require zoning conformance as part of its permit process. P2017-0052-ZCA adopts applicable State mandates while developing local requirements where the State allows flexibility (i.e., unit size, lot size, setbacks, and design standards).
FISCAL ANALYSIS
There are no fiscal impacts related to this Zoning Code Amendment.
ATTACHMENTS
1. Proposed Ordinance (including Exhibit A - Zoning Code text amendments)
2. Planning Commission Resolution No. 2017-P006
MOTION
That the City Council:
Introduce an ordinance approving Zoning Code Amendment P-2017-0052-ZCA, amending Title 17, Zoning, of the Culver City Municipal Code (CCMC), Section 17.210.015 - Residential Zoning District Land Uses and Permit Requirements, and Zoning Code Section 17.400.095 - Residential Uses - Accessory Dwelling Units.
NOTES
1. Summary of State Legislation:
SB 1069 (Wieckowski)
§ Parking: Reduced parking requirements to one space per bedroom or unit and provided in-tandem or in-setback areas unless prohibited by life safety conditions and if located within ½ mile of public transit, within a historic district, as part of an existing primary residence or an existing accessory structure and where on-street parking permits are required, but not offered to the occupant of the ADU or within one block of a car share area;
§ Fees: Prohibits calculating separate utility connection fees or capacity charges for water and sewer for ADU’s, and proportionate fee charges for attached and detached ADU’s so that they do not exceed the reasonable cost of providing the service;
§ Fire Sprinklers: Prohibits requiring fire sprinklers in an ADU if they are not required in the primary residence; and
§ Existing Space: Requires ministerial approval of ADU’s within a single family residential zone with one ADU per lot if the unit is contained within an existing residence or accessory structure, has independent exterior access from the existing residence; and has side and rear setbacks that meet fire safety requirements.
AB 2299 (Bloom)
§ Nullifies Existing ADU codes adopted prior to January 1, 2017; and
§ Requires ministerial approval of ADU’s if the unit complies with certain parking requirements, maximum allowable size of an attached ADU, and setback requirements, as follows:
o The unit is not intended for sale separate from the primary residence and may be rented.
o The lot is zoned for single-family or multifamily use and contains an existing, single family dwelling.
o The unit is either attached to an existing dwelling or located within the living area of the existing dwelling or detached and on the same lot.
o The increased floor area of the unit does not exceed 50% of the existing living area, with a maximum increase in floor area of 1,200 square feet.
o The total area of floor space for a detached accessory dwelling unit does not exceed 1,200 square feet.
o No passageway can be required.
o No setback can be required from an existing garage that is converted to an ADU.
o Compliance with local building code requirements.
o Approval by the local health officer where private sewage disposal system is being used.
AB 2406 (Thurmond)
AB 2406 adopted similar OPTIONAL development standards for “junior accessory dwelling units,” which are units built within the existing walls of a house - or subdivided apartment. The proposed Zoning Code Amendment P-2017-0052-ZCA does not contemplate or recommend the adoption of any specific standards provided in AB 2406 since the proposed ordinance includes regulations already within the parameters of the subject Assembly Bill.
2. Planning Commission Feedback and Approval
During the March 22, 2017 Planning Commission meeting, a number of questions and clarifications surfaced during public comment and commission member comment. The following is a summary of the comments addressed, informing the current draft ordinance version to be considered by City Council.
§ Applies to existing properties currently supporting a single-family dwelling unit and new construction including a single-family dwelling unit and ADU.
§ Providing off-street parking for existing single-family (primary) dwelling if ADU occupies converted garage or existing parking.
§ Clarifying location requirements for ADU’s.
§ Removing pro rata share for paving of an unpaved alley.
§ Removing conflicting internal sections/standards.
§ Clarifying restriction of ADU rentals to 30 days or less.
§ Clarifying density of “no more than one accessory dwelling unit on a [single] property.
§ Parking is not required with an ADU is entirely within an existing structure.
§ Clarifying that a local agency may adopt maximum/minimum ADU sizes as long as undue burden is not created.
3. Local ADU regulatory authority:
§ Designate areas within the jurisdiction where ADUs may be permitted;
§ Impose standards on ADUs that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards the prevent adverse impacts on any real property that is listed in the California Register of Historic Places;
§ Restrict ADUs to the maximum allowable density for the lot upon which it is located and require the ADU to be consistent with the existing general plan and zoning designation for the lot;
§ Restrict ADUs from being sold separately from the primary residence;
§ Require the applicant of the ADU to be an owner-occupant; and
§ If the ADU is to be rented, require that it be rented for terms longer than 30 days.