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CC - ACTION ITEM: (1) Discussion of and Possible Direction Regarding Proposed Incremental Infill Land Use Designations; and (2) Direction to the City Manager as Deemed Appropriate.
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Meeting Date: August 14, 2023
Contact Person/Dept.: Troy Evangelho, Advance Planning Manager, Planning and Development Department
Phone Number: (310) 253-5744
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Attachments: Yes [X] No []
Commission Action Required: Yes [] No [X]
Public Notification: (E-Mail) Meetings and Agendas - Planning Commission, City Council, General Plan Update, Public Notifications (08/09/2023); (Posted) City Website (08/09/2023); Social Media (08/07/2023)
Department Approval: Mark Muenzer, Planning and Development Director (08/08/2023)
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RECOMMENDATION
Staff recommends the City Council (1) discuss proposed Incremental Infill land use designations; (2) if desired, direct staff to replace the proposed Incremental Infill A, B, C General Plan land use designations with existing residential land use designations; and (3) provide direction to the City Manager as deemed appropriate.
BACKGROUND
In 2019 Culver City initiated a General Plan Update (GPU). In Summer 2018, City Council established the General Plan Advisory Committee (GPAC). The GPAC had 21 members, consisting of Culver City residents and community leaders, appointed by City Council as an advisory body. The GPAC met 19 times from 2019 to 2021. The GPAC’s primary role was to:
• Provide insight to the GPU staff and consultant project team on how to address key issues and understand overall community needs.
• Review and provide comments on GPU work products.
• Inform the community of the process and help to build community support for and engagement with the GPU.
Through the ongoing GPU process, the concept of “Incremental Infill” was developed by the consultant team, Raimi and Associates, and endorsed by the GPAC. Incremental Infill is a planning concept that would increase densities (number of units) in existing largely single-family residential areas by establishing new land uses designations.
The originally proposed “Incremental Infill A” designation (see Attachment 1) would apply to existing single-family neighborhoods and allow a fourplex, consisting of one primary unit and up to three ADUs. The four-unit building (fourplex) would be designed to fit within the building envelope (height, square footage etc.) allowed currently in R-1 zones. The “Incremental Infill B” concept would apply to existing duplex and triplex neighborhoods, and would allow up to five units, inclusive of ADUs. “Incremental Infill C” would be a rebranding of the existing Low Density Multi-Family (apartment) land use designation, which allows 15 dwelling units per acre.
In developing the Incremental Infill A designation, it was noted that roughly 8% of the parcels are undersized by zoning regulations (under 4,950 sq. ft.) and may not be large enough to accommodate a fourplex. To address the small parcel issue, Incremental Infill A was designed to allow a total of three dwelling units for undersized parcels, and four units for regular sized parcels.
During the adoption of the 2021-2029 Housing Element in 2022, concerns were raised by the public that Incremental Infill A would be replacing SB 9, and therefore excluding SB 9 protections. Language was added to the Housing Element that Incremental Infill A would preserve SB 9’s anti-displacement protections for renters, environmental site constraints, protection of historic homes, and unit size protections. The City Council also requested that staff study an affordability requirement to allow the fourth dwelling unit. On March 27, 2023 the City Council directed staff to agendize an item regarding incremental infill and SB 9.
DISCUSSION
State laws that were enacted after the Incremental Infill designations were proposed now allow the same or more units as compared to what is being proposed under Incremental Infill A and B. The Incremental Infill C land use designation is a relabeling of the existing Low Density Multifamily land use designation and does not propose any changes.
In recent years the State of California has passed numerous laws that regulate development standards and allowed uses for single-family residential zones and properties. The California Housing and Community Development Department (HCD) interprets State ADU law to now allow up to four total units on a property with a single-family home. This consists of one primary unit, one junior ADU, one ADU converted from existing space within a single-family home or accessory structure, and one newly constructed detached ADU. The Planning Commission approved a modified ADU ordinance allowing the total of 4 units on a single-family zoned lot at their June 15, 2023 meeting and the ordinance modifications will be reviewed by the City Council in September 2023. The ADU Ordinance was revised at the direction of HCD.
SB 9, combined with ADU law, establishes that properties in single-family zones are allowed to develop up to two primary residences, plus additional ADUs, for a total of four units on an existing lot. Furthermore, state laws regulate development standards such as unit size, height, setbacks, and more.
Incremental Infill A
One of the primary features of Incremental Infill A is its fourplex design concept. This would require four units within a single building. The units would be of equal size and fit within the envelope allowed for the primary residence. State law prescribes development standards for ADUs that would make this fourplex design infeasible. For example, one ADU must be allowed to be built detached from the primary residence. A second ADU must be allowed within converted space, including converting a detached structure. A junior ADU must be allowed within a maximum of 500 square feet of an existing or proposed single family residence. Of note, new state ADU regulations were not in place during the previous Incremental Infill A discussions.
Incremental Infill A is also inconsistent with SB 9. Under SB 9, a single-family zoned property may build two primary units. Incremental Infill A would allow only one primary dwelling unit, plus ADUs.
Another feature proposed with Incremental Infill A is to allow three market rate units, plus an affordability requirement to add a fourth unit. This is inconsistent with both SB 9 and ADU law, which allow four units without an affordability requirement. An affordability requirement would only be allowed if the City permitted additional ADUs beyond what the state allows (i.e., a fifth unit).
Incremental Infill B
The proposed Incremental Infill B land use designation would allow traditional duplex and triplex neighborhoods to develop with up to five units within a single building. Pursuant to ADU law, lots with multi-family dwellings are allowed to (1) create ADUs by converting existing non-habitable area with the multi-family structure to create up to 25% of the number of existing units, with a minimum of one new unit, and (2) construct up to two detached ADUs. This would result in up to five units, spread between two buildings, on a site with a duplex, or up to six units, spread between two buildings, on a site with a triplex.
Incremental Infill C
The proposed Incremental Infill C land use designation is simply a relabeling of the existing Low Density Multifamily land use designation, which is used for smaller scale apartment neighborhoods. Unlike the proposed Incremental Infill A and B, Incremental Infill C does not propose any deviations from State law.
Adequate Sites Inventory
Culver City’s adopted Housing Element establishes the City’s housing plan for the years 2021 through 2029. During this planning period, Culver City is required to plan for the development of 3,341 new housing units, known as the Regional Housing Needs Allocation (RHNA). These housing units are identified in the Housing Element’s Adequate Sites Inventory.
The proposed General Plan Land Use Designations (including Incremental Infill A, B, C) are analyzed in the City’s Housing Element Adequate Sites Inventory. This inventory identifies sites where 8,747 new housing units can be developed, which more than accommodates Culver City’s RHNA requirement of 3,341 new housing units.
The proposed Incremental Infill land use designations are projected to produce 135 new housing units. Following state requirements, these 135 units would be removed from the adequate sites inventory. However, replacing Incremental Infill with existing residential land use designations would actually allow a higher capacity for new units. Furthermore, the City has seen a significant increase in the number of ADUs built in recent years, mostly in single-family zoned neighborhoods. New ADU development from 2018-2022 has shown a trend of over 80 new ADUs entitled per year (see attachment 2), thereby already introducing a significant number of new units into single-family zones.
Conclusion
State laws that were enacted after the Incremental Infill designations were proposed now allow the same or more units as compared to what is being proposed under Incremental Infill A and B. The Incremental Infill C land use designation is a relabeling of the existing Low Density Multifamily land use designation and does not propose any changes.
Not utilizing the proposed Incremental Infill land use designations and establishing existing residential land use designations would accomplish the following:
1) Implement SB 9 and ADU law.
2) Maintain an Adequate Sites Inventory that meets Culver City’s Regional Housing Needs Allocation, consistent with the 2021-2029 Housing Element.
FISCAL ANALYSIS
This item has no fiscal impact.
ATTACHMENTS
1. 2023-07-10_ATT1_Incremental Infill A Graphic
2. 2023-07-10_ATT2_ADU Development Map
MOTIONS
That the City Council:
1. Discuss proposed Incremental Infill land use designations;
2. If desired, direct staff to replace the proposed Incremental Infill A, B, C General Plan land use designations with existing residential land use designations; and
3. Provision direction to the City Manager as deemed appropriate.