HomeMy WebLinkAboutItem 4.5 - 1294 Second Unit ZOA Second Reading
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STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendments to Dublin Zoning Ordinance Chapter 8.40 (Accessory
Structures and Uses Regulations) and Chapter 8.80 (Second Units
Regulations) PLPA 2016-00062
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 parkin g requirement based on specified
parameters. Additionally, other minor amendments are proposed to clarify the review of
second dwelling units. At the January 10, 2017 City Council Meeting, the City Council
waived the reading and introduced an Ordinance ado pting the proposed Zoning
Ordinance Amendments. The City Council is being asked to waive the second reading
and adopt the Amendments.
STAFF RECOMMENDATION:
Waive the reading and adopt an Ordinance Approving Amendments to Dublin Zoning
Ordinance Chapters 8.40 (Accessory Structures and Uses Regulations) and 8.80
(Second Units Regulations) Effective City-Wide.
FINANCIAL IMPACT:
None.
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
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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 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.
At the January 10, 2017 City Council meeting, Staff presented the draft Zoning
Ordinance Amendments (Attachment 1) and the City Council waived the reading and
introduced an Ordinance approving the proposed amendments. A second reading of
the Ordinance is required prior to adoption. The City Council is being asked to waive the
second reading and adopt the Zoning Ordinance amendments (Attachment 2).
ATTACHMENTS:
1. January 10, 2017 City Council Staff Report, without attachments
2. Ordinance Approving Amendments to Dublin Zoning Ordinance Chapters 8.40
(Accessory Structures and Uses Regulations) and 8.80 (Second Units Regulations)
Effective City-Wide
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STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager
SUBJECT: Amendments to Dublin Zoning Ordinance Chapter 8.40 (Accessory
Structures and Uses Regulations) and Chapter 8.80 (Second Units
Regulations) PLPA 2016-00062
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.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, waive the reading and INTRODUCE an
Approving Amendments to Dublin Zoning Ordinance Chapters 8.40 (Accessory
Structures and Uses Regulations) and 8.80 (Second Units Regulations) Effective City-
Wide PLPA-2016-00062.
FINANCIAL IMPACT:
None.
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
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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.
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 the proposed
Ordinance, 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 floor area of the 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
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above a garage or when an existing garage is converted to a second dwelling
unit.
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.
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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.
PLANNING COMMISSION REVIEW:
On December 13, 2016, the Planning Commission reviewed the draft ordinance and
adopted Resolution No. 16-25, by a 3-0 vote, recommending the City Council adopt the
Ordinance approving amendments to Dublin Zoning Ordinance Chapters 8.40
Accessory Structures and Uses Regulations) and 8.80 (Second Units Regulations)
effective citywide. The Planning Commission draft minutes from the December 13, 2016
meeting and Resolution 16-25 are included as Attachments 2 and 3 respectively.
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. Ordinance Approving Amendments to Dublin Zoning Ordinance Chapters 8.40
Accessory Structures and Uses Regulations) and 8.80 (Second Units Regulations)
Effective City-Wide PLPA-2016-00062
2. DRAFT Planning Commission Minutes 12.13.16
3. Planning Commission Resolution 16-25
ORDINANCE NO. xx – 17
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * *
APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.40
(ACCESSORY STRUCTURES AND USES REGULATIONS) AND 8.80 (SECOND UNITS
REGULATIONS) EFFECTIVE CITY-WIDE
PLPA-2016-00062
WHEREAS, Senate Bill (SB) 1069 and Assembly Bill (AB) 2099 become effective on
January 1, 2017 and modify the State law and the requirements for second units or “accessory
dwelling units” related to unit size, setbacks, parking, and fees; and
WHEREAS, Dublin Zoning Ordinance Chapter 8.80 (Second Units Regulations) 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 a Planned Development zoning
district (if not specifically prohibited by the PD regulations) subject to certain standards ; and
WHEREAS, Zoning Ordinance amendments to Chapter 8.40 are necessary to comply
with State law and clarify the regulations for second units; and
WHEREAS, The proposed Zoning Ordinance Amendments: 1) increase the maximum
unit size, modify setbacks and reduce the parking standards in specific instances consistent with
State law; and 2) clarify that the land use and development regulations for accessory structures
and accessory uses are independent from the regulations for second units; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
13, 2016, during which all interested persons were heard, and adopted Resolution 16-25
recommending City Council adoption of the proposed Zoning Ordinance Amendments; and
WHEREAS, a Staff Report was submitted to the Dublin City Council recommending
approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance
Amendments on January 10, 2017, at which time all interested parties had the opportunity to be
heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the City Council did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to evaluate the project.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
SECTION 1:
Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds
that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all
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applicable Specific Plans in that the Amendments are necessary to comply with State law and
are consistent with applicable land use regulations and development policies.
SECTION 2:
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, the City Council hereby
finds the project exempt in accordance with CEQA Guidelines Section 15061(b)(3) b ecause 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.
SECTION 3:
Section 8.40.020 D (Requirements for Specific Accessory Structures that Apply City -wide) of
Title 8 of the Dublin Municipal Code is hereby amended to add the following:
“3. Second Units. Second units are subject to the provisions of Chapter 8.80, Second Unit
Regulations.”
SECTION 4:
Section 8.40.030 C (Requirements for Specific Accessory Uses that Apply City-wide) of Title 8
of the Dublin Municipal Code is hereby amended to add the following:
“4. Second Units. Second units are subject to the provisions of Chapter 8.80, Second Unit
Regulations.”
SECTION 5:
Section 8.80.040 (Development Standards and Regulations) of Title 8 of the Dublin Municipal
Code is hereby amended to read as follows (with text in strikeout format indicating deletion and
underlined text indicating addition):
“A building permit for a second unit will only be issued if it complies with the following
development standards:
A. Permitted in the R-1 district and certain Planned Development districts. A second unit
may only be permitted in the R-1 zoning district and in a Planned Development zoning district
which specifically allows second units or in a Planned Development zoning district (if not
specifically prohibited by the PD regulations) which is subject to underlying R-1 standards where
second units are not specifically prohibited by the PD regulations.
B. Existing detached single-family dwelling unit. The lot on which a second unit is located
shall contain a legal existing, detached, single-family dwelling unit.
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C. Maximum of one second unit per lot. There shall be a maximum of one second unit per
lot.
D. Unit size. The total floor area of an attached or detached second unit shall be not less than
275 square feet, nor more than 1,2001,000 square feet. Further, in no case shall an attached
second unit exceed 35%50% of the existing living total floor area of the existing single-family
residence. For the purposes of this section “living area” shall mean the interior habitable area of
a dwelling unit including basements and attics but does not include a garage or any accessory
structure.
E. R-1 development standards. The second unit shall conform to the development standards
of the R-1 zoning district except as follows: including, but not limited to, setbacks and height but
excluding density standards.
1. No setback shall be required for an existing garage that is converted to a second
dwelling unit.
2. 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.
3. As specified in this Chapter or by state law.
F. Parking. The second unit shall be provided with one additional off -street parking space in
accordance with the requirements of Chapter 8.76, Off-Street Parking and Loading, except that
the space may be compact, may be uncovered, and may be in tandem with the required parking
of the principal dwelling unit. A curb cut shall be provided to City Standards. The second unit
parking shall be in addition to parking required for the dwelling unit. The additional off-street
parking space is not required in any of the following instances:
1. The second unit is located within one-half mile radius of a public transit stop.
2. The second unit is located within an architecturally and historically significant historic
district.
3. The second 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
second unit.
5. When there is a car share vehicle located within one block of the second unit.
G. Public utilities and services. Second units shall be served by public water and sewer and
shall have access to an improved public street.
H. Design Compatibility. The second unit shall incorporate the same or similar design
features, building materials, colors, and landscaping as the existing residence to give the
appearance of a single-family residence.
I. Entrance visibility. The entrance of a second unit shall not be visible from the street.
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J. Coverage. The principal residence and second unit combined shall not cover more than
60% of the lot.
K. Occupancy.
1. Applications shall be limited to owner-occupants.
2. No more than one dwelling unit on the parcel shall be rented or leased. The
rental or lease period shall be longer than 30 days.
3. The owner of the lot may occupy either the principal residence or the second
unit.
4. Either of the units may remain vacant.
5. The second unit shall not be sold separately.
6. A deed restriction shall be recorded setting forth the occupancy requirements.
76. No subdivision shall be allowed unless the division meets the applicable
requirements of Title 8 and Title 9 of the Municipal Code.
L. Building setbacks. If the second unit is detached, from the principal residence on the site,
the distance between the structures shall be determined by Chapter 7.34 Dublin Residential
Code the Uniform building Code, but no more than 100 feet from the principal residence on the
site.
SECTION 6:
Section 8.80.050 (Submittal Procedures of Title 8 of the Dublin Municipal Code is hereby
amended to delete Section 8.80.050 F (Deed Restriction) and to renum ber Section 8.80.050 G
(Building Permit Issuance) as Section 8.80.050 F.
SECTION 7:
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or
part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or
circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or
impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of
the ordinance or their applicability to other persons or circumstances.
SECTION 8: Effective Date and Posting of Ordinance
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
final adoption. The City Clerk of the City of Dublin shall cause this O rdinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code of California.
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PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 7th
day of February 2017, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk