HomeMy WebLinkAboutItem 1a - Ordinance No. 2347
DATE: May 2, 2017
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
By: Jim Kasama, Community Development Administrator
Prepared By: Lisa Flores, Planning Services Manager
Amanda Landry, AICP, Senior Planner
SUBJECT: ORDINANCE NO. 2347 AMENDING VARIOUS SECTIONS OF ARTICLE
IX, CHAPTER 1 OF THE ARCADIA MUNICIPAL CODE (THE
DEVELOPMENT CODE), WITH AN EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA"), TO UPDATE
THE CITY’S REGULATIONS FOR ACCESSORY DWELLING UNITS,
AND TO ADDRESS MINOR TEXT CLEANUPS
Recommendation: Introduce
SUMMARY
Ordinance No. 2347 has been prepared to amend various sections of Article IX of the
Arcadia Municipal Code to revise the regulations and requirements pertaining to
Accessory Dwelling Units (“ADUs”) and to correct minor typographical errors and
inconsistencies that have been noted during the course of implementing the updated
Development Code that became effective in December of 2016. The Ordinance is
exempt under the California Environmental Quality Act (“CEQA”) because the
amendments will not have any significant effect on the environment. It is recommended
that the City Council introduce Ordinance No. 2347 (Attachment No. 1).
BACKGROUND
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 ordinance that complies with the
Ordinance No. 2347
Accessory Dwelling Units and Development Code Cleanup
May 2, 2017
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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. Ordinance No. 2347 is proposed to amend the City’s ADU
regulations to comply with State law.
A second aspect of Ordinance No. 2347 addresses 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.
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 a
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 the 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.
Ordinance No. 2347
Accessory Dwelling Units and Development Code Cleanup
May 2, 2017
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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.
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 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 on 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
Section 9102.01.080 of the Arcadia Development Code sets forth development
standards for Accessory Dwelling Units (“ADUs”), including the types of units (i.e.,
conversion, attached, or detached), location, height, parking requirements, and deed
restrictions. These development standards are intended to ensure that an ADU is
compatible with the existing dwelling and the surrounding neighborhood, and is
subordinate in use to the primary dwelling on the lot.
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. The proposed amendments to the existing
development standards comply with the State law but allow the City to continue to
ensure ADUs are architecturally compatible with the main dwellings, and the
surrounding residential neighborhood. The following summarizes the major changes
proposed to the City’s development standards:
Ordinance No. 2347
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May 2, 2017
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Unit Size
The size and scale of ADUs can have a significant impact on neighborhood character.
An out of scale ADU could negatively affect neighborhood character, and the privacy of
neighbors. The new State law permits local jurisdictions to regulate the size of 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 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,
Ordinance No. 2347 increases the maximum size for ADUs from 600 square feet to 800
square feet. This is an appropriate increase that complies with the new State law, 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 an ADU will always be an
accessory use to the main home, and have the same maximum height as other
detached (accessory) structures.
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 in
three cases; 1) when existing garage buildings are converted to an ADU, 2) when other
existing square footage is converted to an ADU, and 3) when an ADU is built on top of a
garage that is attached to the main residence. In these three cases, 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. Ordinance No. 2347 revises the
City’s development standards to account for these circumstances. Other standard
regulations such as floor area ratio, height, building separation, number of accessory
structures on a property, etc., must still be met.
The City will still be able to review new structures for compatibility with established
architectural design guidelines, which are intended to ensure new construction is
compatible with the surrounding context. In addition, existing development standards
have 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 allows this, and allows local agencies to require
that ADUs not be offered for lease durations of less than 30 days, and require that
properties with an ADU must be owner-occupied. The covenant requirements have
Ordinance No. 2347
Accessory Dwelling Units and Development Code Cleanup
May 2, 2017
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been amended to reflect a minimum 30-day 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 State law requires that ADUs generally be permitted through a non-
discretionary, ministerial process. Additionally, certain ADUs meeting specific criteria
must be permitted by-right, with approval only through a building permit, and no other
administrative review. The by-right requirement is intended to incentivize the
development of ADUs, but is applicable only to those that are fully contained within an
existing structure. The assumption is that the creation of such ADUs would have
minimal impacts on the character of the surrounding neighborhood. Ordinance No. 2347
revises the Development Code to comply with this requirement. However, under limited
circumstances, an ADU could still be denied for reasons pertaining to public health and
safety requirements, such as inadequate access for emergency services.
Parking
The adequate provision of parking is important to maintaining neighborhood character.
The Development Code currently requires that one covered or uncovered parking space
be provided for a detached ADU. However, the new State law considers the
requirement of covered parking to be a barrier to the development of ADUs and the
State law mandates more flexible parking arrangements, including in a tandem
arrangement. Ordinance No. 2347 revises the development standards to clarify that the
parking required for an ADU may now be provided as uncovered or covered parking in a
variety of configurations, including as a tandem space in an existing garage or driveway.
However, if parking for the main dwelling needs to be replaced due to the development
of an ADU (e.g., when an existing garage is converted into an ADU), the replacement
parking is still required to comply with the current Development Code requirement of
being in a garage unless they can demonstrate that a garage is impossible to construct
on the site.
The new State law also eliminates parking requirements for new ADUs in the following
specific circumstances: 1) The property is within a ½ mile of public transportation, 2) a
“car-share” vehicle is located within one block, 3) the property is located in an historic
district, or 4) the ADU is part of an existing primary residence). The rationale behind the
elimination of required parking in these circumstances is that ADU parking is not
necessary when alternative transportation is readily available, alterations to an
historically significant property are not to preclude an ADU, and a primary residence that
can accommodate an ADU does not need additional parking.
Ordinance No. 2347
Accessory Dwelling Units and Development Code Cleanup
May 2, 2017
Page 6 of 9
Development Code Cleanup
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. Ordinance No. 2347 has been
prepared to address these errors and inconsistencies. These changes are shown in
Exhibit “B” of the Ordinance (Attachment No. 1). These changes only address minor
semantic changes, typographical errors, and inconsistencies. The changes do not
revise or introduce substantive changes to the Development Code.
PLANNING COMMISSION HEARING
The Planning Commission held a public hearing on March 14, 2017, for the
consideration of Text Amendments No. TA 17-02 and No. TA 17-03, which are the basis
for the proposed Ordinance No. 2347. After concluding the public hearing, the
Commission discussed several aspects of the proposed Text Amendments and their
potential impact on neighborhoods. The Commission as a whole expressed concern
over the State-imposed regulations and acknowledged that adopting the proposed
revisions would allow the City to retain as much local control as possible. The
Commission ultimately voted unanimously to recommend approval of the proposed Text
Amendments to the City Council, with the recommendation that the proposed ordinance
include additional changes to further ensure that ADUs will be clearly subordinate in
location and size by requiring that they be located behind the primary structure and that
they have independent exterior access that is not readily visible from adjacent streets.
The Commissioner’s comments are reflected as bolded blue text in the Exhibit “A” to
Ordinance No. 2347, and Commissioner Thompson’s emailed comments are provided
as Attachment No. 3.
FINDINGS
Pursuant to Section 9108.03.060, an amendment to the Development Code may be
approved only if all of the following findings can be made:
1. The proposed amendment is consistent with the General Plan and any
applicable specific plan(s).
Facts to Support the Finding: The proposed Ordinance No. 2347 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 Ordinance ensures that the Development Code will comply
with State law and reduce barriers to the development of ADUs, which can
contribute to the overall variety of available housing choices in Arcadia.
Furthermore, the Ordinance will enable the City to retain the ability to regulate
certain aspects of ADUs, such as height, location and design, to ensure
Ordinance No. 2347
Accessory Dwelling Units and Development Code Cleanup
May 2, 2017
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neighborhood compatibility. This 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.
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 proposed Ordinance also addresses minor semantic changes, and corrects
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 Ordinance No. 2347 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
Ordinance No. 2347
Accessory Dwelling Units and Development Code Cleanup
May 2, 2017
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the State law, the City will be able to continue to ensure ADUs are compatible with
surrounding residential neighborhoods to the extent possible.
The proposed Ordinance also addresses minor semantic changes, and corrects
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 Ordinance pertains to Accessory
Dwelling Units (“ADUs”) and 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 Ordinance was reviewed by the City
Attorney for internal consistency to ensure that there are no conflicting standards or
uncertainties.
The proposed Ordinance also corrects minor typographical errors and
inconsistencies in the Development Code to provide additional internal consistency
and clarity to readers of the Development Code. The proposed changes are
internally consistent with all other applicable provisions of the Development Code.
PUBLIC NOTICE
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. A Public Hearing Notice of the proposed Ordinance was published in
the Arcadia Weekly on April 13, 2017, and April 20, 2017.
ENVIRONMENTAL ANALYSIS
Ordinance No. 2347 has been assessed in accordance with the authority and criteria
contained in the California Environmental Quality Act (“CEQA”), the State and local
CEQA Guidelines, and the environmental regulations of the City. The Ordinance is
exempt from review under CEQA pursuant to several CEQA exemption provisions,
including CEQA Guidelines Section 15282(h) as set forth in Section 21080.17 of the
Public Resources Code that pertains to the adoption of an ordinance regarding second
units in a single-family or multi-family residential zone to implement the provisions of
Sections 65852.1 and 65852.2 of the Government Code, and Section 15061(b)(3) of the
CEQA Guidelines, 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 Ordinance provides protections from the development of
ADUs that would be out of scale in single-family neighborhoods. Furthermore, per
Ordinance No. 2347
Accessory Dwelling Units and Development Code Cleanup
May 2, 2017
Page 9 of 9
Section 15303(a) of the CEQA Guidelines, the development of second dwelling units is
a Class 3 exemption from environmental review.
The proposed minor cleanups to the Development Code are also exempt from review
under CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which provide
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 Ordinance does not create or substantially alter any existing development
standard. A Preliminary Exemption Assessment is included as Attachment No. 4.
RECOMMENDATION
It is recommended that the City Council introduce Ordinance No. 2347 amending
various sections of Article IX, Chapter 1 of the Arcadia Municipal Code (The
Development Code), with an exemption under the California Environmental Quality Act
(“CEQA”), to update the City’s regulations for accessory dwelling units, and to address
minor text cleanups.
Attachment No. 1: Ordinance No. 2347
Attachment No. 2: Government Code Section 65852.2, incorporating AB 2299 and
SB 1069 for Accessory Dwelling Units
Attachment No. 3: Comments from Planning Commissioner Thompson
Attachment No. 4: Preliminary Exemption Assessment
From:bthompson@mason2.com
To:Amanda Landry
Cc:Jim Kasama; Jason Kruckeberg; Lisa Flores
Subject:Re: FW: Accessory Dwelling Units (ADU)
Date:Tuesday, March 14, 2017 2:25:25 PM
Amanda:
Thank you for the timely and thorough response.
See you tonight.
Brad
Bradford D. Thompson, MAI, AI-GRS, SR/WA
www.mason2.com
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From: Amanda Landry <alandry@arcadiaca.gov>
To: "'bthompson@mason2.com'" <bthompson@mason2.com>,
Cc:Jim Kasama <jkasama@arcadiaca.gov>, Jason Kruckeberg <jkruckeberg@arcadiaca.gov>, Lisa Flores
<lflores@arcadiaca.gov>
Date: 03/14/2017 01:12 PM
Subject: FW: Accessory Dwelling Units (ADU)
Brad,
Thanks for reaching out to me ahead of time, I appreciate it. I understand the disappointment regarding the
balance between State and local control. This text amendment effort is intended to preserve the City’s limited
ability, to the extent possible, to ensure that future development is compatible with the community.
For clarity, I have responded to your questions below in bold italics.
Please let me know if you have any other questions.
Thanks,
Amanda
Amanda Landry, AICP | Senior Planner
City of Arcadia | 240 W. Huntington Drive | Arcadia, CA 91007
626.574.5447| 7 626.445.9173| alandry@ArcadiaCa.gov
Amanda:
I have several questions and/or comments regarding the ADU Agenda Item.
Before I get to my points, I want to say that it is disappointing, but not unexpected, that the State is
dictating local land use by proxy.
The City of Arcadia Planning Department, City Council, and its residents have specific local knowledge
and expertise to create and enforce police powers relative to land use, as opposed to the State.
1) In the Staff Report, Page 6 of 8, pertaining to findings, the report states "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 ADU's, which can contribute to the overall variety of available housing choices in Arcadia." I do
not show that the portion that I have underlined as being part of the General Plan. Was this finding
meant to quote the GP, or expand upon it?It is intended to be discussion related to the
General Plan policies, and was intended to be in the above paragraph, but was
inadvertently carried down to this policy below.
2) What constitutes a "car-share" vehicle? Does Uber or Lift qualify?Page 11 of the draft code
text, included as part of the resolution, includes the revised definition of “car-share”,
which the city defines as a the provision of a designated parking space for a membership
based car sharing vehicle that charges a use-based fee related to a specific vehicle. This
does not include Uber of Lyft.
3) Section 9102.01.080: With the addition of an ADU, can the total FAR (including the main residence
and ADU) exceed the maximum FAR of the particular zone in which it is located?
Perhaps 9102-01.080, Page 4 answers my question "Accessory dwelling units are subject to all
development standards for the underlying zoning, as set forth in Table 2-2 . . ." The total FAR of
all buildings on the lot cannot exceed the maximum FAR of the underlying zoning
designation.
4) In the Draft development standards, 9102.01.080, Page 4, Development Standards Heading is
identified as Section "BA", should that read "A"?Yes. The B has a strikethrough. It looks like
the scanned in copy has made this strikethrough appear somewhat faint, and for that we
apologize.
5) Are there, or can the Code establish maximum occupancy limits?The Development Code
cannot establish occupancy limits for residential dwelling units, doing so would run afoul
of various State and Federal housing laws.
6) Can the main residence and the ADU have an interior connection? If so, I would suggest a
prohibition against an interior connection.Yes, attached or fully contained ADUs may have an
interior connection. In the instances where an ADU is occupied by family members, such
as grandparents or adult children, this could be seen as important access. However, it is
possible to include a development standard prohibiting such a connection.
7) Would it be advantageous to include a standard similar to the City of Pasadena, Section 17.50.275
(B) (1) (a) (2) "There is an independent exterior access from the existing residence"
The proposed text amendment does includes this provision in Section 9102.01.080.B.1.c
for ADU’s that are created within an existing living area.
The revised definition of an ADU (Page 11 of the resolution) allows the City to determine
that an addition to an existing dwelling without independent exterior access is not
considered “independent” and therefore would not meet the Development Code
definition for an ADU. If it is not an ADU it wouldn’t be eligible for streamlined review.
It is certainly possible to add a provision requiring independent exterior access for new
attached ADU’s to re-emphasize this point if you feel it is necessary.
My comments relative to Items 6 and 7 try to establish barriers to main residence additions disguised
as ADU's for streamlined permitting purposes. The definition for ADUs requires independent
permanent provisions for living, sleeping, eating, cooking and sanitation. Staff would be
able to quickly distinguish an ADU from a standard addition via the presence of these
facilities as well as an independent exterior access during the plan check process. An
extra provision to codify a requirement for an independent exterior access point for new
attached ADU’s is certainly possible and as a Planning Commissioner it is appropriate to
suggest that this change be added to the motion if you feel it is necessary.
8) The Pasadena Code also requires that "A detached accessory dwelling unit shall be located behind
the rear building line of the primary residence, and be clearly subordinate by location and size." It
further states "No entry to an accessory dwelling unit shall be visible from the public right-of-way."
The addition of similar language within the Arcadia Code may reduce non-compatible development
trends.The definition for ADUs in the Arcadia Development Code specifically includes the
following “Accessory Dwelling Units are subordinate in size, location, and appearance to
the main dwelling.” The existing and proposed regulations are intended to reduce non-
compatible development. An ADU would be subject to the same development standards
(setbacks, FAR, Lot Coverage) as a primary dwelling, but it is limited in size to 800 square
feet (roughly the size of a four-car garage). Further, the proposed ADU regulations limit
detached structures to one story and 16 feet in height, which will ensure that the ADU is
subordinate in size, but compatible with the development trend of other residential
dwelling units in single-family zoned properties. ADU’s will also be subject to limited
design review to ensure compatibility in design.
It is a good idea to tighten up regulations if the opportunity exists. It is certainly possible
to add provisions requiring that for detached ADUs, the entries not be visible from the
public right-of-way and that the detached ADU’s be located behind the rear of the
building. As a Planning Commissioner it is appropriate for you to suggest these changes
as part of the motion if you feel it is necessary.
Or, this issue can be a factor that is determined on an individual basis through the design
review process. Staff is also considering incorporating design guidelines for ADUs into the
Residential Design Guidelines to further emphasize compatibility.
9) It appears that the City must make the finding that "The proposed amendment is consistent with the
General Plan and any applicable specific plan(s)".
I see Resolution 1990, TA 17-02 and TA 17-03 as having a cause and affect. The initial adoption may
not be inconsistent with the GP, but the future land use trend may evolve to be inconsistent with the
GP. For example, the GP includes land use designation requirements, such as Page 2-10: "LDR - Low
Density Residential . . . Typical Population Density: 12-17 persons per acre". A proliferation of ADU's
may affect this type of compatibility.Staff does not disagree with this logic, however the State
has specifically determined, via AB 2299 and SB 1069, that ADUs do not exceed the
allowable density for the lot upon which it is located, and that accessory dwelling units
are a residential use that is consistent with the existing general plan and zoning
designation for the lot.
Regards,
Brad
Bradford D. Thompson, MAI, AI-GRS, SR/WA
www.mason2.com
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(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
Text Amendment No. TA 17-02: Properties governed by the R-M,
a map showing project site
R-0, R-1, R-2, and R-3 zoning designations.
topographical map identified by
Text Amendment No. TA 17-03: Citywide
quadrangle name):
3. Entity or person undertaking A. City of Arcadia
project:
Development Services Department
B. Other (Private)
(1) Name
(2) Address
4. Staff Determination:
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
g. The project is otherwise exempt Text Amendment No. TA 17-03 is a proposed text
on the following basis: 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: Staff:
March 2, 2017 Jim Kasama, Community Development Administrator
Preliminary Exemption Assessment