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Home My WebLink About5.1 PCSR Zoning Ord Amd. 2nd Unit �`. OFnU�ly l�� A STAFF REPORT I`' 01��2 PLANNING COMMISSION DATE: December 13, 2016 TO: Planning Commission SUBJECT: PUBLIC HEARING: Zoning Ordinance Amendments to the Accessory Structures and Uses Regulations (Chapter 8.40) and Second Units Regulations (Chapter 8.80) PLPA 2016-00062 Report prepared by Amy Million, Principal Planner EXECUTIVE SUMMARY: Senate Bill (SB) 1069 and Assembly Bill (AB) 2099 broadens the State's affordable housing efforts by relaxing the standards for second units (aka "accessory dwelling units"). Among other things, the enactment of SB 1069 and AB 2099 requires that local agencies provide for a ministerial review of proposed accessory dwelling units, and limits the regulations that local agencies can impose on such units. Additionally, the bills prohibit the imposition of parking standards under specified circumstances. The proposed Zoning Ordinance amendments reflect these changes to the law as they relate to setbacks, allowable unit size and the parking requirement based on specified parameters. Additionally, other minor amendments are proposed to clarify the review of second dwelling units. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution recommending City Council approval of amendments to Dublin Zoning Ordinance Chapters 8.40 (Accessory Structures and Uses Regulations) and 8.80 (Second Units Regulations) effective city-wide. I -.ad v/' J _ y/, • itted By Reed By Principal Planner Assistant Community Development Director COPIES TO: File ITEM NO.: 5 . 1 Page 1 of 4 DESCRIPTION: The State Legislature has found that California faces a severe housing crisis and determined that second units or "accessory dwelling units" are a valuable form of housing in California which provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. It is the intent of the Legislature that local ordinances do not unreasonably restrict the ability of homeowners to create second units through regulation of matters such as unit size, parking, fees, and other requirements or a discretionary review process. Senate Bill (SB) 1069 and Assembly Bill (AB) 2099 will amend Section 65852.2 of the California Government Code. The enactment of SB 1069 and AB 2099 require that local agencies continue to provide a ministerial review of second dwelling units, and further limits the regulations that local agencies can impose on such units. The new law will become effective January 1, 2017 and require amendments to the City's regulation of second units. Therefore, Staff is proposing Zoning Ordinance amendments to the Accessory Structures and Uses Regulations (Chapter 8.40) and Second Units Regulations (Chapter 8.80) in order to comply with State law and to ensure that the Zoning Ordinance remains internally consistent. The Planning Commission is being asked to review the purposed Zoning Ordinance amendments and make a recommendation to the City Council. ANALYSIS: The Dublin Zoning Ordinance currently allows for the establishment of a second unit on a lot with an existing, detached, single-family dwelling unit in the Single Family Residential (R-1) zoning district and in some Planned Development zoning districts. Further, the Second Unit Regulations (Chapter 8.80 of the Dublin Zoning Ordinance) allow any application for a second unit that meets the Development Standards and Regulations to be approved ministerially without discretionary review or a public hearing as required by current State law. With the passage of SB 1069 and AB 2099, State law requires the City to relax certain development standards for second units including, setbacks, parking standards and unit size. Staff is proposing an amendment to Chapter 8.80 (Second Units Regulations) to comply with the changes in State law and Chapter 8.40 (Accessory Structures and Uses Regulations) for clarification. An overview of the proposed amendments is provided below. For the complete Zoning Ordinance amendments refer to Exhibit A to Attachment 1. Chapter 8.80 (Second Units Regulations) • Unit Size. The City's existing second unit regulations require the total floor area of a second unit to be at least 275 square feet and no more than 1,000 square feet. Further, in no case shall a second unit exceed 35% of the total floor area of the existing single- family residence. State law increased the maximum unit size to 1,200 square feet for detached and attached second units, but in no case greater than 50% of the existing single-family residence for attached second units. The law continues to allow the local jurisdictions to determine the minimum size. • Setbacks. The City's existing second unit regulations use the development standards for the R-1 Zoning District with a few exceptions. The new law requires additional exception for setbacks when the second dwelling unit is constructed above a garage or when an existing garage is converted to a second dwelling unit. 2 of 4 • Parking. The City's existing second unit regulations require one off-street parking space to be provided in addition to the two off-street parking spaces required for the single- family residence. In order to comply with State law, the proposed ordinance will not require parking for the second unit in any of the five following instances: (1) The accessory dwelling unit is located within one-half mile radius of a public transit stop. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is within the existing primary residence or an existing accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. • Deed Restriction. The City's existing second unit regulations require a deed restriction to be recorded stating the City's occupancy requirements, i.e. one of the units on the property must be owner-occupied, either unit may be vacant, second unit may not be sold separately, etc. The proposed amendments delete this requirement as it is not necessary for enforcement of the Second Unit Ordinance and its application is legally questionable. Chapter 8.40 (Accessory Structures and Uses Regulations) Staff is also proposing associated amendments to Chapter 8.40 (Accessory Structures and Use Regulations) to clarify that the implementation of the Second Units Regulations is independent from the regulations for accessory structures and accessory uses. The following discussion summarizes the proposed amendments to this chapter. A second unit, while considered an accessory use to a single-family residence, is not subject to the regulations of Chapter 8.40 (Accessory Structures and Uses Regulations). As such, an amendment to Section 8.40.020 D (Requirements for Specific Accessory Structures that Apply City-wide) and Section 8.80.030 C (Requirements for Specific Accessory Uses that Apply City- wide) is proposed to clearly separate the regulations for accessory structures and accessory uses from the regulations for second units. This is consistent with the current implementation of the Zoning Ordinance and simply provides clarification. A Planning Commission resolution recommending approval by the City Council is included as Attachment 1 . CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The proposed Zoning Ordinance amendments are consistent with the Dublin General Plan, including the Housing Element, all applicable Specific Plans and the Zoning Ordinance in that the Amendments are consistent with applicable land use designations and general development policies. The amendments include minor revisions for internal consistency within the Zoning Ordinance. 3 of 4 NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was published in the East Bay Times and posted at several locations throughout the City. The Public Notice was provided to all persons who have expressed an interest in being notified of meetings. The Staff Report for this public hearing was also made available on the City's website. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending that the project be found exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not have a significant effect on the environment. The adoption of the proposed Ordinance does not, in itself. allow the establishment of any use or the construction of any building or structure, but sets forth the regulations that shall be followed if and when a use is proposed to be established, or a building or structure is proposed to be constructed, or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment. directly or ultimately. ATTACHMENTS: 1) Resolution recommending City Council approval of amendments to Dublin Zoning Ordinance Chapters 8.40 (Accessory Structures and Uses Regulations) and 8.80 (Second Units Regulations) with the draft City Council Ordinance attached as Exhibit A. 4 of 4