HomeMy WebLinkAboutItem 1 - Text Amendments No. 17-02 & 17-03DATE: March 14, 2017
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Amanda Landry, AICP, Senior Planner
SUBJECT: TEXT AMENDMENTS NO. TA 17-02 AND NO. TA 17-03 WITH
EXEMPTIONS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT TO AMEND VARIOUS SECTIONS OF THE DEVELOPMENT CODE
PERTAINING TO ACCESSORY DWELLING UNITS, AND MINOR
CLEANUPS TO VARIOUS SECTIONS OF THE DEVELOPMENT CODE
Recommendation: Adopt Resolution No. 1990 and Recommend
Approval to the City Council
SUMMARY
Governor Brown approved Assembly Bill 2299 (AB 2299) and Senate Bill 1069 (SB
1069) on September 27, 2016, and the legislation became effective on January 1, 2017
– refer to Attachment No. 2. The two bills amended various sections of the California
Government Code related to Accessory Dwelling Units (ADUs) and modified the ability
of cities and counties to regulate ADUs. The new law requires all local agencies to
adopt a new or revised ADU ordinance and send the revised ordinance to the California
Department of Housing and Community Development (HCD) within 60 days of adoption.
If a local agency does not adopt or revise an existing ordinance that complies with the
newly enacted legislation, the local agency’s existing regulations become null and void,
and the local agency is required to apply the State standards until a conforming
ordinance is adopted. Text Amendment No. TA 17-02 is proposed to amend the City’s
ADU regulations to comply with State law.
A second Text Amendment, No. TA 17-03 is proposed to address minor code cleanups
needed to fix typographical errors and inconsistencies that have been noted in the
course of implementing the updated Development Code that became effective in
December 2016.
It is recommended that the Planning Commission adopt the attached Resolution No.
1990 (Attachment No. 1) to recommend approval of Text Amendments No. TA 17-02
and No. TA 17-03 to the City Council, based on the findings listed in this staff report,
including that the Text Amendments are Exempt under the California Environmental
Quality Act (CEQA), and direct staff to proceed with an ordinance and convey the
Commission’s comments to the City Council.
TA 17-02 and TA 17-03
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BACKGROUND
Accessory Dwelling Units (ADUs), also known as second units, granny flats, in-law
suites, or guest houses, are secondary homes on a property already containing an
established primary dwelling. Such units are defined generally as independent, self-
contained dwelling units with kitchen and bathroom facilities. The State of California and
other housing advocacy groups see ADUs as an important affordable housing option.
California’s second-unit law was first enacted in 1982 in California Government Code
Section 65852.2, and was significantly amended in 2002 with AB 1866 to encourage the
creation of second-units while maintaining local control and flexibility. The purpose of
the State’s new second-unit law is to provide for additional housing opportunities in an
efficient, affordable, sustainable manner. The intent is to remove barriers, and ensure
that local regulations are not, “. . . so arbitrary, excessive, or burdensome so as to
unreasonably restrict the ability of homeowners to create accessory dwelling units in
zones in which they are authorized by local ordinance.” (California Department of
Housing and Community Development Memorandum - December 2016).
The rising cost of housing and the lack of availability of a variety of affordable housing
types have been extensively discussed by the State Legislature in recent years, with the
shortage of affordable housing emerging as a critical issue. The purpose of the newly
enacted legislation is to provide additional opportunities for affordable housing in
California and further reduce barriers to development of ADUs. The existing ADU law
includes several provisions that limit a local jurisdiction’s ability to regulate many
aspects of ADUs, and the new legislation further preempts local regulation.
The text of California Government Code Section 65852.2 with AB 2299 and SB 1069
incorporated is provided as Attachment No. 2. In general, the changes address parking,
type and size of units, review and approval procedures, covenants, and utility
requirements. Some of the more significant changes in the State law are as follows:
1. Parking standards for new ADUs are reduced to zero spaces under certain
circumstances (e.g., within ½ mile of public transportation, located in an historic
district, is part of an existing primary residence, or when a “car-share” vehicle is
located within one block).
2. ADUs are exempt from any discretionary planning process if the ADU meets
specified criteria.
3. An ADU may now be either attached to the existing primary residence, detached, or
located within the living area of an existing primary residence.
4. So as not to pose as a barrier to the development of ADUs, the maximum size of
ADUs should be from 800 to 1,200 square feet. The minimum size allowed must be
a 150 square foot efficiency unit, which is a unit for occupancy by no more than two
persons, and that may have a partial kitchen and/or bathroom facilities.
TA 17-02 and TA 17-03
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5. Existing accessory structures, including garages, when converted to an ADU, are
permitted without additional restrictions and setbacks provided the structure has
independent exterior access, and side and rear setbacks sufficient for safety
purposes.
6. When a garage, carport or covered parking structure is converted or demolished in
conjunction with the construction of an ADU, the replacement parking spaces for
the main dwelling may be located in any configuration on the same lot as the ADU,
including, but not limited to, as covered spaces, uncovered spaces, or tandem
spaces on an existing driveway.
7. The parking requirement for an ADU is limited to not more than one space per ADU
or per bedroom in the ADU, and the required parking is permitted to be tandem
spaces in an existing driveway.
8. Any existing local ADU ordinance that fails to meet the requirements of the new
State law is considered null and void, and the local agency must apply only the
State standards.
DISCUSSION
Accessory Dwelling Units
Section 9102.01.080 of the Arcadia Development Code sets forth development
standards for Accessory Dwelling Units (ADUs), including the types, location, height,
parking requirements, and deed restrictions. These development standards are
intended to ensure that ADUs are compatible with the existing dwellings, the
surrounding neighborhoods, and are subordinate in use to the primary dwellings.
Although many of the current development standards are consistent with the new State
law, some aspects do not fully comply, and must be amended in order for the City to
retain the authority to regulate, to the extent possible, the development of new ADUs. If
the development standards are not amended, under the new State law, the entire set of
ADU development standards shall become null and void, and the City will only be able
to apply the State requirements. Staff has prepared amended development standards
that comply with the State law to allow the City to continue to ensure ADUs are
compatible with the main dwellings, and the surrounding residential neighborhoods. The
following summarizes the major changes to the development standards:
Proposed Amendments
Unit Size
The size and scale of ADUs can have a significant impact on neighborhood character.
An out of scale ADU could negatively affect the neighborhood character, and the
privacy of neighbors. The new State law permits local jurisdictions to regulate the size of
newly constructed ADUs, as long as they permit at least a 150 square foot efficiency
unit, and allow a maximum size of up to 1,200 square feet. The State Department of
TA 17-02 and TA 17-03
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Housing and Community Development suggests that an appropriate maximum size for
ADUs falls within the range of 800 to 1,200 square feet. Given past development trends
in Arcadia, increasing the maximum size for ADUs from 600 square feet to 800 square
feet is appropriate, and is in keeping with the permitted sizes of other accessory
structures. In addition, to comply with State law, ADUs will now be permitted to be
located within an existing residence, or attached to an existing residence. Detached
ADUs will still be limited to 16 feet in height and one story. These development
standards ensure ADUs will always be an accessory use to the main home.
Location and Character
The location of a building on an individual property can significantly affect how it impacts
neighboring properties and neighborhood character. AB 2299 reduces requirements
across the State in three cases; when existing garage buildings are converted, when
any other existing square footage is converted to an ADU, or when a second story is
built on top of a garage that is a part of the main residence. In these cases, the State
law requires that the existing setbacks be allowed to be maintained, except that the
setbacks cannot be less than what is required by building and fire codes. The
development standards have been revised to account for these circumstances.
ADUs must otherwise comply with all other provisions of the underlying zoning
designation, except as explicitly specified by the State law. Standard regulations such
as total residential floor area ratio, which limits total square footage in relation to lot size,
building separation, number of accessory structures on a property, etcetera, must all be
met. Most importantly, the City will still be able to review new structures for compatibility
with established design guidelines, which are intended to ensure new construction is
compatible with the surrounding context. In addition, the development standards also
place limits on other accessory buildings on single-family properties that may not meet
the definition of an ADU, such as pool houses, guest houses, and garages.
Covenant
The current development standards require a covenant to be recorded for each
accessory dwelling unit stating that the unit cannot be sold independently from the
primary residence. The new State law permits this, and allows local agencies to also
require that ADUs not be offered for lease agreements of less than 30 days and that the
property is owner-occupied. The covenant requirements have been amended to reflect
the minimum lease term and that the property owner must occupy either the primary
dwelling, or the accessory dwelling unit.
Permit Processing
Discretionary review is considered by the Legislature to be a barrier to the development
of ADUs, and the State law requires that ADUs generally be permitted through a non-
discretionary, ministerial process, and that certain ADUs meeting specific criteria be
permitted by-right, with approval only through a building permit, with no other
administrative review. The by-right requirement is intended to incentivize the
development of ADUs that are fully contained within an existing structure and would
TA 17-02 and TA 17-03
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thereby have minimal impacts on the character of the surrounding neighborhood. The
Development Code has been revised to comply with this requirement. However, under
limited circumstances an ADU could still be denied for reasons pertaining to public
health and safety requirements.
Parking
The adequate provision of parking is important to maintaining neighborhood character.
The current Development Code requires that one covered or uncovered parking space
be provided for a detached ADU. However, the new law considers a covered parking
requirement to be a barrier to development of ADUs and the State law mandates more
flexible parking arrangements. The development standards have been revised to clarify
that required parking may now be provided as an uncovered or covered parking space
in a variety of configurations, including as a tandem space in an existing garage.
However, replacement parking for the main dwelling is still required to comply with the
Development Code if an existing garage is converted into an ADU. In compliance with
State law, parking requirements for new ADUs have been reduced to zero spaces under
specific circumstances; within ½ mile of public transportation, located in an historic
district, is part of an existing primary residence, or when a “car-share” vehicle is located
within one block. The rationale behind the elimination of required parking in these
circumstances is that ADU parking is not necessary when alternative transportation is
readily available.
Development Code Clean Up
Through the course of the day-to-day implementation of the updated Development
Code, which became effective in December of 2016, minor typographical errors and
inconsistencies have been noted that require correcting. Text Amendment No. TA 17-03
has been prepared to address these errors and inconsistencies, and is included as
Exhibit “B” of the attached Resolution No. 1990 (Attachment No. 1). This Text
Amendment only addresses minor semantic changes and errors and inconsistencies,
and does not revise or introduce substantive changes to the Development Code.
FINDINGS
Pursuant to Section 9108.03.060, an amendment to the Development Code may be
approved only if all of the following findings are made:
1. The proposed amendment is consistent with the General Plan and any
applicable specific plan(s).
Facts to Support the Finding: The proposed Text Amendment No. TA 17-02 is
consistent with the General Plan Land Use Element and Housing Element goals
and policies. Accessory Dwelling Units (ADUs) are land uses permitted in all
residential land use designations. The Amendment ensures that the Development
Code will comply with State law and that the City will retain the ability to regulate
certain aspects of ADUs, such as height, location and design, to ensure
TA 17-02 and TA 17-03
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neighborhood compatibility, which is consistent with the following General Plan
Policies:
Land Use and Community Development Element
• Policy LU-3: Preservation and enhancement of Arcadia’s single-family
neighborhoods, which are an essential part of the City’s core identity.
• Policy LU-3.4: Strengthen neighborhood identity with new development that is
compatible with surrounding structures through scale, massing, and preferred
architectural style.
• Policy LU-3.5: Require that new construction, additions, renovations, and infill
developments be sensitive to neighborhood context, building forms, scale, and
colors. The proposed amendments also reduce barriers to the development of
ADUs, which can contribute to the overall variety of available housing choices in
Arcadia.
Housing Element
• Policy H-2.4: Maintain development standards, regulations, and design features
that are flexible to provide a variety of housing types and facilitate housing that
is appropriate for the neighborhoods in which they are located.
• Policy H-4.1: Periodically review and modify as appropriate residential and
mixed use development standards, regulations, and processing procedures that
are determined to constrain housing development, particularly housing for lower-
and moderate-income households and for persons with special needs.
• Policy H-4.3: Provide for streamlined, timely, and coordinated processing of
residential projects to minimize holding costs and encourage housing
production.
The purpose of the proposed Text Amendment No. TA 17-03 is to address minor
semantic changes, and correct minor typographical errors and inconsistencies in
the Development Code. These amendments will not substantively affect any
development standards, and are consistent with the adopted General Plan.
2. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or general welfare of the City.
Facts to Support the Finding: Proposed Text Amendment No. TA 17-02 pertains
to Accessory Dwelling Units (ADUs) and is intended to ensure that the City
complies with State law and retains the ability, to the extent possible, to regulate the
appropriate development of ADUs. Non-compliance with the State law would result
in all of the City’s development standards related to ADUs becoming null and void,
and the City would only be able to apply the State requirements. By complying with
TA 17-02 and TA 17-03
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the State law, the City will be able to continue to ensure ADUs are compatible with
the surrounding residential neighborhoods to the extent possible.
The purpose of proposed Text Amendment No. TA 17-03 is to address minor
semantic changes, and correct minor typographical errors and inconsistencies in
the Development Code, and will not substantively affect any development standard,
and will not have any detrimental effects.
3. For Development Code amendments only, the proposed amendment is
internally consistent with other applicable provisions of this Development
Code.
Facts to Support the Finding: The proposed Text Amendment pertaining to
Accessory Dwelling Units (ADUs) has been reviewed to ensure it is consistent with
the other applicable provisions of the Development Code, including parking and
permit processing requirements. The proposed Amendment was reviewed by the
City Attorney for internal consistency to ensure that there are no conflicting
standards or uncertainties.
The purpose of the proposed Text Amendment to correct minor typographical errors
and inconsistencies in the Development Code is to provide additional internal
consistency and clarity to readers of the Development Code. The proposed Text
Amendment is internally consistent with all other applicable provisions of the
Development Code.
ENVIRONMENTAL ANALYSIS
The proposed ADU Text Amendment is exempt from review under the California
Environmental Quality Act (CEQA) pursuant to several CEQA exemption provisions,
including CEQA Guidelines Section 15282(h), pertaining to the adoption of an ordinance
regarding second units in a single-family or multifamily residential zone to implement the
provisions of Section 65825.1 and 65852.2 of the Government Code as set forth in
Section 21080.17 of the Public Resources Code, and Section 15061(b)(3) which
provides that, where it can be seen with certainty that there is no possibility that a
project may have a significant effect on the environment, the project is not subject to
CEQA. The proposed development standards are intended to offer protections from out-
of-scale new development in single-family neighborhoods. Further, per Section
15303(a) of the CEQA Guidelines, in general, the development of second dwelling units
is a Class 3 exemption from environmental review.
The proposed minor clean up to the Development Code is also exempt from review
under CEQA pursuant to Section 15061(b)(3) which provides that, where it can be seen
with certainty that there is no possibility that a project may have a significant effect on
the environment, the project is not subject to CEQA. The proposed Text Amendment
does not create or substantially alter any existing development standard. A Preliminary
Exemption Assessment is included as Attachment No. 3.
TA 17-02 and TA 17-03
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PUBLIC NOTICE/COMMENTS
Pursuant to Section 9108.13.020.B.2, if the number of property owners to whom notice
would be mailed is more than 1,000, a notice may be published in a general circulation
news publication. Accordingly, a public hearing notice for Text Amendments No. TA 17-
02 and No. TA 17-03 was published in the Arcadia Weekly on March 2, 2017. As of
March 9, 2017, no comments were received in response to the notice.
RECOMMENDATION
It is recommended that the Planning Commission adopt the attached Resolution No.
1990 (Attachment No. 1) to recommend approval of Text Amendments No. TA 17-02
and No. TA 17-03 to the City Council, based on the findings listed in this staff report,
including that the Text Amendments are Exempt under the California Environmental
Quality Act (CEQA), and direct staff to proceed with an ordinance and convey the
Commission’s comments to the City Council.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the March 14, 2017, hearing, please contact Senior
Planner, Amanda Landry at (626) 574-5447or alandry@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1990
Exhibit “A” - Various Amended Development Code Sections
Pertaining to Accessory Dwelling Units
Exhibit “B” - Various Amended Development Code Sections to
Address Minor Semantic Changes and Correct
Typographical Errors
Attachment No. 2: Government Code Section 65852.2, incorporating AB 2299 and
SB 1069 - Accessory Dwelling Units
Attachment No. 3: Preliminary Exemption Assessment
Attachment No. 1
Resolution No. 1990
Attachment No. 2
Government Code Section 65852.2
Attachment No. 3
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: Project No. TA 17-02, is A Text Amendment to revise various
sections of Article IX, Chapter 1 of the Arcadia Municipal Code
(Development Code) pertaining to Accessory Dwelling Units. The
purpose of the Text Amendment is to revise and add definitions
and terminology related to accessory dwelling units, appropriately
regulate accessory dwelling units and ensure that the
Development Code complies with state law (Senate Bill 1069 and
Assembly Bill 2299)
Project No. TA 17-03 is a Text Amendment to revise various
sections of the Development Code to correct minor typographical
errors or inconsistencies that have been noted through the
implementation of the revised Development Code, which went into
effect on December 16, 2016. These revisions address minor
typographical errors or inconsistencies only, and do not introduce
new or revised development standards.
2. Project Location – Identify street
address and cross streets or attach
a map showing project site
(preferably a USGS 15’ or 7 1/2’
topographical map identified by
quadrangle name):
Text Amendment No. TA 17-02: Properties governed by the R-M,
R-0, R-1, R-2, and R-3 zoning designations.
Text Amendment No. TA 17-03: Citywide
3. Entity or person undertaking
project:
A. City of Arcadia
Development Services Department
B. Other (Private)
(1) Name
(2) Address
4. Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in
accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental
Quality Act (CEQA)" has concluded that this project does not require further environmental assessment
because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt.
Applicable Exemption Class: Section 15303(a) of the CEQA Guidelines Class 3
exempts, in general, the development of second
dwelling units from review
f. The project is statutorily exempt.
Applicable Exemption: Section 15282(h) pertaining to Accessory Dwelling
Units
Preliminary Exemption Assessment FORM “A”
g. The project is otherwise exempt
on the following basis:
Text Amendment No. TA 17-03 is a proposed text
amendment to correct minor typographical errors or
inconsistencies in the Development Code is also
exempt from review under CEQA pursuant Section
15061(b)(3) which provides that, where it can be seen
with certainty that there is no possibility that a project
may have a significant effect on the environment, the
project is not subject to CEQA. The proposed text
amendment does not create or substantially alter any
existing development standard
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: March 2, 2017 Staff: Jim Kasama, Community Development Administrator