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HomeMy WebLinkAboutItem 11b - New Design Standards for Multi-Family and Mixed-Use Developments DATE: September 6, 2022 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa Flores, Planning & Community Development Administrator Prepared By: Fiona Graham, Planning Services Manager SUBJECT: ORDINANCE NO. 2390 RELATED TO TEXT AMENDMENT NO. TA 22-02 AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 1 OF THE ARCADIA DEVELOPMENT CODE INCORPORATING NEW OBJECTIVE DESIGN STANDARDS FOR MULTI-FAMILY AND MIXED-USE DEVELOPMENT, UPDATES TO THE DENSITY BONUS ORDINANCE, AND MINOR CHANGES TO THE ACCESSORY DWELLING UNIT ORDINANCE WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) Recommendation: Adopt SUMMARY At its regular meeting of August 16, 2022, the City Council introduced Ordinance No. 2390, amending various sections of Article IX, Chapter 1 of the Arcadia Development Code incorporating new Objective Design Standards for Multi-Family and Mixed-Use Development, updates to the Density Bonus Ordinance, and minor changes to the Accessory Dwelling Unit Ordinance. The adoption of new Objective Design Standards will allow for the review of applications under Senate Bill (“SB”) 330 and SB 35, both of which implement new processes streamlining certain housing projects. The Text Amendment will also update the City’s Density Bonus Ordinance, bringing it into compliance with the State Density Bonus Law which has been updated to further incentivize affordable housing production. Minor changes to the City’s Accessory Dwelling Unit Ordinance will clarify text and remove some provisions which are no longer required. The Ordinance was unanimously approved by the City Council – refer to Attachment No. 1 for the final draft of the text amendment under Ordinance No. 2390. Refer to Attachment No. 2 for the August 16, 2022 City Council Staff Report. RECOMMENDATION It is recommended that the City Council adopt Ordinance No. 2390 related to Text Amendment No. 22-02 amending various sections of Article IX, Chapter 1 of the Arcadia Adoption of Ordinance No. 2390 – TA 22-02 September 6, 2022 Page 2 of 2 Development Code incorporating new Objective Design Standards for Multi-Family and Mixed-Use Development, updates to the Density Bonus Ordinance, and minor changes to the Accessory Dwelling Unit Ordinance with a Categorical Exemption from the California Environmental Quality Act (“CEQA”). Attachment No. 1: Ordinance No. 2390 Attachment No. 2: August 16, 2022, City Council Staff Report (with no attachments) Attachment No. 1 Ordinance No. 2390 CITY OF ARCADIA MULTIFAMILY OBJECTIVE DESIGN STANDARDS FINAL DRAFT – MARCH 2022 Section 9102.01.150 – Multifamily Objective Development Standards A. Purpose. The purpose of these design standards is to provide the public, building and design professionals, and decision-makers with objective criteria for eligible residential development in the City. The intent is to provide clear design direction that enhances an area’s unique character and sense of place, respects existing neighborhood compatibility and privacy, and ensures a high-quality living environment. B. Background. Since 2017, the Governor has signed into law multiple housing bills, including Senate Bill 35 and Senate Bill 330 which provide for streamlined, ministerial approval processes for eligible multifamily residential development (two or more residential units), subject to certain conditions which may include affordability requirements, and where consistent with objective zoning and design standards. C. Applicability. The provisions of this chapter apply to all newly constructed residential projects, in all zones, that qualify for streamlined, ministerial processing per the Housing Accountability Act (HAA), and which meet the definition of “housing development projects” under California Government Code §69988.5(h)(2). These include multifamily housing with two or more units, and mixed-use projects with up to two-thirds of the project. Eligible residential projects shall comply with all objective development standards, City policies, thresholds of significance, zoning regulations, and design standards as established in the General Plan and the Arcadia Development Code. 1. Modification. Residential projects seeking a modification(s) to any development standards set forth in the Arcadia Development Code shall not be eligible for streamlined, ministerial processing per SB 35. 2. Waiver on Objective Development Standards Up to three (3) objective development standards from all of the individual sub-items under each category may be waived for any eligible mixed-use residential project without the requirement for an additional application. The applicant must provide an explanation as to why the development standard is not applicable or cannot be achieved. The waiver is subject to review and approval by the Director or designee. These decisions are not appealable. 3. Conflicting Standards. Projects must meet objective development standards in this Division, in addition to all pertinent sections of the Arcadia Development Code and the California Building Code (CBC). If there is any conflict between these objective standards and existing City and/or State requirements, the more restrictive objective standard applicable to the project shall apply. 4. Severability. In the event that a development standard is found to be unenforceable, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Division, and all other development standards will remain enforceable. D. Objective Development Standards Site and Building Design. 1. Site Design. Site planning refers to the arrangement of - and relationships between - buildings, parking areas, common and private open space, landscaping, and pedestrian connections. The site planning topics in this chapter include site layout and building placement, vehicular surface parking and access, pedestrian circulation and access, landscaping, and common and private open space. a. Existing mature trees should be preserved and incorporated into development proposals. b. Decks and balconies should be recessed and/or incorporated into the massing of the home, rather than protruding out of the home, to enhance privacy. 2. Building Form, Massing, and Articulation. Building form, massing and façade articulation facilitates the distinction of individual units, or groups of units, through varied heights, projections, setbacks, and recesses. Materials and colors emphasize changes and hierarchy in building form. CITY OF ARCADIA MULTIFAMILY OBJECTIVE DESIGN STANDARDS FINAL DRAFT – MARCH 2022 a. Massing Where applicable, the third floor of the building must be set back a minimum of three feet from the first or first and second floor footprint. b. Wall Plane Variation. All exterior walls must have a minimum two-foot variation in depth at least every 40 feet of wall length to provide relief along the wall plane. In addition, all walls shall include at least two of the following features: windows, trellises, arcades, balconies, different exterior material, or awnings. c. Cantilevers. The upper floors shall not overhang or cantilever more than four feet over any of the lower floors. d. Four-sided Architecture. Buildings shall be designed and articulated with details, articulation, different materials and/or colors, and different elements on all sides. The street-facing façade(s) shall feature additional elements or materials. Entirely blank walls are not allowed along any façade. 3. Roofs. a. Roofs shall consist of a single style and slope throughout the project. On a building with a pitched roof, no portion of the main roof shall be flat. 4. Parapets. a. Parapets shall be capped with precast treatment, continuous banding, or projecting cornices, dentils, or similar edge treatment. b. Parapet material should match the building façade. 5. Building and Unit Entries. a. Street-Facing Entry. Buildings located adjacent to the street shall have a ground-level primary building entry facing the primary street. The development shall also have front facing units that faces the site’s primary public street. b. Non-Street-Facing Entry. Buildings not located adjacent to a street shall have unit front entryways oriented to face internal common open space areas such as landscaped courtyards, plazas, or paseos. c. Corner Buildings. An entry to a residential unit must be located within 25 feet of the corner of the building. d. Every building shall contain at least one pedestrian entry that does not require access through a parking garage. e. Corinthian columns are not permitted. f. Definition of Entries. Both primary building and individual unit entries shall incorporate the following to clearly define the entrance: i. Entry shall match the first floor plate height. Entry designs greater than one-story are not allowed. ii. Entries should provide a sheltered area in front of the primary door. Flat roof porches are not allowed. 6. Windows. Window materials, color, and style shall be the same on all elevations. a. Windows shall be recessed at least two inches from the face of the exterior wall. b. When utilized, functional and decorative shutters shall be at least one-half the width of the window (for paired shutters), or a matching width (for a single shutter). c. Architectural window detailing, such as sills, trim, and/or awnings should be provided. 7. Materials and Colors. CITY OF ARCADIA MULTIFAMILY OBJECTIVE DESIGN STANDARDS FINAL DRAFT – MARCH 2022 a. Colors and Materials. No more than three exterior paint colors and three façade materials shall be used. Glossy and/or reflective colors and materials are prohibited. b. Restriction on Materials Where Visible from Public Right-of-Way. Bare concrete masonry unit blocks and slumpstone are prohibited on any area of the development visible from a public right-of-way. c. Material Transitions. Changes or transitions in façade treatment, such as veneers or textured materials, shall wrap around the corners of the building and extend at least 6 feet beyond the corners, or terminate at the nearest window or door. d. Architectural Consistency. Affordable units and market rate units within the same development shall be constructed of the same materials and details such that the units are not distinguishable from one another. E. Vehicular Parking and Access. Vehicular parking and access shall comply with the provisions of Section 9103.07, Off-Street Parking and Loading, of the Arcadia Development Code. 1. Enhanced Paving for Entry Driveways. The first 15 feet of the primary vehicular driveway, starting from the property line, shall use colored, stamped, or textured concrete, pavers, or permeable paving treatments such as grass-crete. The enhanced paving shall be applied throughout the driveway to break up the appearance of the concrete. 2. Projects with Controlled Entrances. Projects with controlled entrances, including vehicular access gates to parking areas, shall accommodate at minimum the length of one vehicle (20 feet) entering the site without queuing into the street or public sidewalk. F. Pedestrian Circulation and Access. 1. Pedestrian Walkways. Pedestrian walkways shall be provided according to the following standards: a. Walkway Width. Pedestrian walkways shall be provided with a minimum width of four feet. b. Materials. Pedestrian walkways shall be constructed of firm, stable and slip-resistant materials such as poured-in-place concrete (including stamped and textured concrete), concrete pavers, or permeable pavers. 2. Walkways Adjacent to Driveways. Clear, safe pedestrian access should be provided from parking areas to building entrances within pedestrian walkways. When all unit entries face a driveway, pedestrian walkways shall be located parallel to the driveway to minimize the need for pedestrians to cross drive aisles. G. Common Public and Private Open Space. Common and private open spaces shall be provided as required by the underlying zone in Division 2, Zones, Allowable Uses, and Development Standards, of the Arcadia Development Code. 1. Common Open Space. Projects providing common open space shall satisfy the requirements below with passive or active recreation amenities as defined below. An applicant may provide common open space through an amenity not on this list if it is readily accessible by all residents for recreation and social purposes. a. Passive Recreation Amenities. Picnic/barbeque area, open courtyard, dog park/dog run, rooftop deck, fire pit area, or other outdoor gathering spaces. b. Active Recreation Amenities. Athletic gyms or courts (e.g. basketball, tennis, bocce ball), swimming pool or spa, playground. c. Common Open Space Requirements. Common open space shall be located and arranged to allow visibility into the space from pedestrian walkways on the interior of the site. 2. Private Open Space. When roof decks are proposed, landscape planters such as planter boxes, CITY OF ARCADIA MULTIFAMILY OBJECTIVE DESIGN STANDARDS FINAL DRAFT – MARCH 2022 potted plants, and/or boxed trees, shall be located along the edges of the roof deck to provide a screening buffer. H. Landscaping. Landscaping shall be utilized for all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or open space. Landscape planters must be provided throughout the development. 1. Plant Selection. Projects shall utilize native California and drought-tolerant plants selected from the City’s Residential Landscaping Guide. I. Parking Area Design. 1. Semi-subterranean parking structures are not allowed. A parking structure shall be considered to be semi- subterranean if the structure is partially underground. 2. Materials and Colors. Where applicable, a parking structure shall utilize the same colors and materials as the primary residential buildings. 3. Orientation. Parking areas shall be located behind or within the building or buildings so that it is not visible from the primary street frontage. 4. Garage Doors. Garage doors shall be oriented to face away from the primary street. 5. Access. Where applicable, alleys should be utilized to provide access to parking and service areas. J. Fences and Walls. Site walls shall be constructed to match the primary building colors and materials. Fences and walls shall be constructed of materials such as wood, vinyl, wrought iron, brick, and stone. Chain link is prohibited. Refer to the Arcadia Development Code for additional regulations associated with fences and walls. 1. Both sides of all perimeter walls and fences should be architecturally treated. Walls shall be finished with a trim cap. 2. Where fences and walls of different materials or finishes intersect, a natural transition or break (such as a column or pilaster) shall be provided. K. Lighting. Outdoor light fixtures, including pole lights, wall-mounted lights and bollards shall be fully shielded and downward-facing in order to minimize glare and light trespass within and beyond the project site. L. Vents and Exhaust. All wall-mounted utility elements shall be located to ensure they are concealed from public view. All flashing, sheet metal vents, exhaust fans/ventilators, and meter boxes shall be painted to match the building wall material and/or color. M. Rooftop Equipment. Rooftop equipment that is not able to be concealed within the architecture of the building shall be screened from view behind a parapet wall or through the use of screens. Screens must have the same façade treatment as the structure. 9102.01.080 Accessory Dwelling Units Amended by Ord. No. 2347 Amended by Ord. 2369 & 2370 Amended by Ord. No. 2375 Accessory dwelling units and junior accessory dwelling units, as defined in Division 9 (Definition) of this Development Code, are allowed in the R-0, R-1, and R-M, R-2, and R-3, CBD, MU, and DMU zones, developed with at least one dwelling. Accessory dwelling units are subject to all development standards for the underlying zoning of the property, as set forth in Table 2-2 (Development Standards for Single- Family Residential Zones) or in Table 2-6 (Development Standards for Multiple-Family Residential Zones) unless otherwise specified in this Section Subsection 9102.01.080.B. A. Development Standards 1. General. Except as identified in this Subsection, accessory dwelling units shall comply with all the development standards (setbacks, lot coverage, height, etc.). All accessory dwelling units shall be clearly subordinate in location and size to the primary structure and consistent in exterior appearance with the primary structure through the use of similar/matching exterior paint colors, material types, and architectural styles. Accessory dwelling units shall have a defined and independent exterior access. An accessory dwelling unit is allowed on a site only when a primary residence dwelling exists. 2. Location: An accessory dwelling unit is permitted on any residentially zoned property if a single-family dwelling or multifamily dwelling exists on the lot or will be constructed in conjunction with the accessory dwelling unit. An accessory dwelling unit may be either attached to the existing dwelling unit, or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. A junior accessory dwelling unit (JADU) may only be located within an existing or proposed single-family structure. One of the following is allowed: 1. One Attached ADU (may not be allowed with detached ADU or JADU); or 2. One Detached ADU or a JADU by itself; or 3. One Detached ADU with one JADU 3. Maximum Floor Area and Lot Coverage. No accessory dwelling unit may cause the total Floor Area Ratio (FAR) of the lot to exceed 45%, No accessory dwelling unit may or cause the lot coverage of the lot to exceed 50%. If either requirement would preclude development of an accessory dwelling unit up to 800 square feet in size, the requirement does not apply. 4. Minimum Open Space. No ADU to this Section may cause the total percentage of open space of the lot to fall below 50 percent. 5.4. Maximum Size a. Accessory Dwelling Unit. The maximum size of a detached or attached accessory dwelling unit is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed. b. Junior Accessory Dwelling Unit. The maximum size within an existing or proposed single-family dwelling is 500 square feet. c. An attached accessory dwelling unit that is created on a lot within an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling, unless this would restrict the maximum size of the accessory dwelling unit to be smaller than 800 square feet. d. Application of other development standards, such as FAR or lot coverage, might further limit the size of the accessory dwelling unit, but no application of FAR, lot coverage, or open space requirements may require the accessory dwelling unit to be less than 800 square feet. 6. 5. Maximum Height and Story a. A single-story attached or detached accessory dwelling unit may not exceed 16 feet in height, measured to the top of the roof ridge. b. A second story or two-story attached accessory dwelling unit may not exceed the height of the primary residence dwelling. c. A detached accessory dwelling unit may not exceed one story. 7. 6. Required Setbacks. A Ddetached and attached accessory dwelling units shall meet the minimum side and rear yard setbacks of at least four (4) feet. An attached accessory dwelling unit shall meet the same front setback as required for the primary residence. Note: Per Government Code Section 65852.2 (a)(1)(d)(vii), the required side and rear yard setback for an attached ADU shall be 4 feet, and not the same setback as the primary house. 8. 7. Required Parking. An accessory dwelling unit shall be provided with a minimum of one on-site parking space (covered or uncovered). The uncovered parking space shall be located on a paved surface, and may be provided in the setback areas or as tandem parking. For required parking space dimensions, please refer to Division 3. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, the required parking spaces shall be replaced as specified in Table 3- 3. If code compliant replacement parking cannot be provided, the replacement parking spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to, covered spaces, uncovered spaces, or tandem spaces or by the use of mechanical automobile parking lifts within an enclosed garage (Note: This section was previously in Division 3):. a. The property is an R-M zoned property, a hillside property, located within a designated fire zone, or a non- conforming lot, or if the Director determines that such parking arrangements are not feasible based upon specific safety conditions, or that such arrangements are not permitted anywhere in the City. 9.8. Fire Sprinklers. An accessory dwelling unit is required to have sprinklers if the primary residence dwelling is also required to have fire sprinklers. B. Permit Procedures for Accessory Dwelling Units and Junior Accessory Dwelling Units. If the accessory dwelling unit does qualify for a Building Permit Only, the procedures specified in Subsection 9102.01.080.B.2, shall be followed. 1. Building Permit Only. An accessory dwelling unit or junior accessory dwelling unit is only subject to a building permit when it is proposed on a residential or mixed use zone and meets one of the following scenarios: A. Converted Accessory Dwelling Unit in Single-Family Zones: Only one accessory dwelling unit or junior accessory dwelling unit on a lot with a proposed or existing single family dwelling on it, where the accessory dwelling or junior accessory dwelling unit: 1. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress. 2. Has exterior access that is independent of that for the single-family dwelling. 3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. 4. The converted ADU shall not exceed 50% of the livable area of the primary residence. A converted JADU shall not exceed 50% of the livable area of the primary residence nor the maximum permitted size for a junior accessory dwelling unit. B. Detached Accessory Dwelling Unit: One detached, new construction of an accessory dwelling unit on a lot with a proposed or existing single-family dwelling (in addition to any junior accessory dwelling unit that might otherwise be established on the lot under Subsection A), if the detached accessory dwelling unit satisfies the following limitations: 1. The side and rear yard setbacks are at least four (4) feet. 2. The total floor area is 800 square feet or less. 3. The structure does not exceed 16 feet in height and one-story. C. Converted Accessory Dwelling Unit in Multifamily Zones: Portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, communal rooms, or garages, may be converted into an accessory dwelling unit if it complies with the state building standards for dwellings. Up to 25 percent of the existing multifamily dwelling units on a lot may have a converted accessory dwelling unit, and at least one (1) converted accessory dwelling unit is allowed within an existing multifamily dwelling structure. Only one (1) converted accessory dwelling unit is allowed within an existing multifamily dwelling, and up to 25 percent of the existing multifamily dwelling units on the lot may each have a converted accessory dwelling unit. D. Detached Accessory Dwelling Unit in Multifamily Zones: No more than two detached accessory dwelling units may be located on a lot that has an existing multifamily dwelling. Each detached accessory dwelling unit must satisfy the following requirements: 1. The side and rear yard setbacks are at least four (4) feet. 2. The total floor area is 800 square feet or less, and shall not be larger in size than any existing multifamily unit. 2. . Accessory Dwelling Unit Permit Any construction that exceeds the requirements listed above listed in Subsection 1 above (Building Permits Only) shall require a Zoning Clearance for an Accessory Dwelling Unit pursuant to the provisions of Section 9107.27 (Zoning Clearance for Accessory Dwelling Units). 3. Process and Timing A. A Zoning Clearance for an Accessory Dwelling Unit compliant with the standards of this Section permit is considered and approved ministerially, without discretionary review or a hearing, unless the unit exceeds the code requirements (e.g. FAR) and is subject to an Administrative Modification. B. The City must act on an application within 60 days from the date the City receives a completed application, unless either: 1. The Applicant requests for a delay, in which case the 60 day time period is tolled for the period of the requested delay, or 2. A junior accessory dwelling unit is submitted with a permit application to create a new single- family dwelling on the lot, the City may delay acting on the permit application until the City acts on the application for the new single-family dwelling, but the application to create the junior accessory dwelling unit is still considered ministerially without discretionary review or a hearing. 4 Covenant Required. An accessory dwelling unit is not intended for sale separate from the main dwelling unit and lot or to be used as a short term rental (terms less than 28 30 days). A covenant in a form approved by the City Attorney shall be recorded for each accessory dwelling unit specifying its size, location, and attributes, and requiring that the accessory dwelling unit shall not be sold independently of the main dwelling unit and lot and that no more than one lease agreement for terms of no less than 28 30 days may be entered into at any time. Note: Per Government Code Section 65852.2 (e)(4), the minimum rental lease term for an ADU shall be longer than 30 days, not the 28 days. C. Impact Fees. 1. Impact Fees. No impact fee is required for an accessory dwelling unit that is less than 800 750 square feet in size., except for school district impact fees, which may be required for accessory dwelling units greater than 500 square feet. 2. Any impact fee that is required for an accessory dwelling unit that is 800 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling, or the average square footage of the multifamily dwelling units within a multifamily dwelling structure (e.g. the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, times the typical fee amount charged for a new dwelling). Impact fees does not include any connection fee or capacity charge for water or sewer service. D. Utility Fees. 1. Converted accessory dwelling units and junior accessory dwelling units on a single-family lot that were approved by a building permit only are not required to have a new or separate utility connection directly between the accessory dwelling unit or junior accessory dwelling unit and the utility,. Nor nor is a construction fee or capacity charge required unless the accessory dwelling unit is constructed with a new single-family home. All accessory dwelling units and junior accessory dwelling units, except as noted above, require a new, separate utility connection directly between the accessory dwelling unit or junior accessory dwelling unit and the utility. The Director or designee and the Building Official has the discretion to not require a separate connection for certain utilities depending on the circumstances. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the accessory dwelling unit or junior accessory dwelling unit, based on either the floor area or the number of drainage-fixture (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service. E. Owner Occupancy. a. All accessory dwelling units that were created before January 1, 2020 are subject to the owner-occupancy requirement that was in place when the accessory dwelling unit was created. b. An accessory dwelling unit that is created after that date but before January 1, 2025, is not subject to any owner- occupancy requirement. c. All accessory dwelling units that are created on or after January 1, 2025, are subject to an owner-occupancy requirement. A person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence. d. All junior accessory dwelling units are subject to an owner-occupancy requirement. A person with legal or equitable title to the property must reside on the property, in either the primary dwelling or junior accessory dwelling unit, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. F. Nonconforming Accessory Dwelling Units and Discretionary Approval Any proposed accessory dwelling unit or junior accessory dwelling unit that does not conform to the objective design standards and/or exceeds the maximum size of 800 square feet for an accessory dwelling unit on a lot that already exceeds the maximum floor area, may be considered by the City with an Administrative Modification process in Section 9107.05. G. Objective Design Standards for Accessory Dwelling Units Architectural 1. The materials and colors of the exterior walls, roof, eaves, and windows and doors must match the appearance and architectural design of those of the primary dwelling. The ADU must match the architectural style of the primary dwelling and provide matching architectural elements, such as: exterior colors, materials, surface treatments, windows, trims, and exterior doors. 2. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. 3. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code. 4. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building façade, not facing a public-right-of-way. 5. For new detached ADUs, there must be indentations and/or projections provided that are at least 8-inches in depth on at least two of the exterior walls to break-up flat wall planes. The interior wall height shall be at least seven feet tall. 6. All windows that are located 9-feet in height above the finished floor must be clerestory windows (no dormers), and must be frosted or obscure glass. 7. A new detached ADU may not be located closer to the front property line than the primary residence dwelling. 8. On a new detached ADU, exposed gutters and downspouts are not allowed. 9.8. The architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the federal, state, or local register of historic places must comply with all applicable ministerial requirements imposed by the Secretary of the Interior. Landscape 10 9. Landscaping around a detached ADU must be drought-tolerant or low water-using plants that utilize a variety of drought tolerant resistant grasses, turf substitutes, or ground covers that maintain a living, continuous planting area, and provide screening between the ADU and adjacent parcels. Desert landscape or rock garden designs are not allowed. 11 10. All landscaping utilized must be taken from the city’s approved planting materials listed in the City’s Single- Family Design Guidelines. Other 12. 11. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire-apparatus access, as determined by the Fire Department. 13 Each parking space shall be at least 10 feet in width and 20 feet in length. When a parking space is adjacent to a solid wall or structure, the parking space shall be 11’-6” in width and 20 feet in length. 14 Each parking space that is provided in an enclosed garage in a single-family zoned property shall be at least ten feet wide and twenty feet long and have at least seven and a half feet vertical clearance. On multifamily and mixed-use zoned properties, the parking space shall be 9 feet in width and 19 feet in length. 15 12. On corner lots, a separate walkway from the primary residence may be allowed to the detached ADU entrance and it must connect to the nearest public sidewalk or right-of-way. 16 13. ADUs must have clear addressing visible from the street. Addresses must be at least 4 inches high and shall be shown on the curb next to the primary address number. Attachment No. 2 August 16, 2022 City Council Staff Report (no attachments) DATE: August 16, 2022 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa Flores, Planning & Community Development Administrator Prepared By: Fiona Graham, Planning Services Manager SUBJECT: ORDINANCE NO. 2390 RELATED TO TEXT AMENDMENT NO. TA 22-02 AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 1 OF THE ARCADIA DEVELOPMENT CODE INCORPORATING NEW OBJECTIVE DESIGN STANDARDS FOR MULTI-FAMILY AND MIXED-USE DEVELOPMENT, UPDATES TO THE DENSITY BONUS ORDINANCE, AND MINOR CHANGES TO THE ACCESSORY DWELLING UNIT ORDINANCE WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) Recommendation: Introduce SUMMARY Governor Newsom signed Senate Bill 330 – Housing Development: Approvals (“SB 330”) into law on October 9, 2019, which became effective on January 1, 2020. The bill establishes a statewide housing emergency that will be effect until January 1, 2030. The State also refined the Density Bonus Law with new legislation that went into effect January 1, 2022, that provides additional flexibility to developers in meeting requirements for a density bonus. Among these provisions, SB 330 requires local governments to ministerially approve certain housing developments through a streamlined process by removing all discretionary reviews, including design review, and requiring these projects only be subject to objective design and development standards. As a result of these changes, the proposed Text Amendment amends and updates the City of Arcadia’s (“City”) Development Code to incorporate new Objective Design Standards and to update additional regulations related to density bonuses and Accessory Dwelling Units (“ADU”). It is recommended that the City Council Introduce Ordinance No. 2390 related to Text Amendment No. 22-02 amending various sections of Article IX, Chapter 1 of the Arcadia Development Code incorporating new Objective Design Standards for Multi-Family and Mixed-Use Development, updates to the Density Bonus Ordinance, and minor changes Ordinance No. 2390 – TA 22-02 August 16, 2022 Page 2 of 10 to the Accessory Dwelling Unit Ordinance with a Categorical Exemption from the California Environmental Quality Act (“CEQA”). BACKGROUND In recent years, the State has passed numerous laws aimed at addressing the ongoing housing crisis in California. In 2017, Governor Brown signed a comprehensive housing package with 15 legislative bills that were intended to target the State’s housing shortage and high housing costs. In 2019, Governor Newsom signed 18 bills intended to boost housing production. Included among these bills were Senate Bill (“SB”) 35 and SB 330. Both bills include specific tasks that must be completed by local jurisdictions to comply with State legislation and to approve certain housing proposals through streamlined, ministerial, or “over-the-counter,” processes based on objective standards for new multi- family or mixed-use developments. The intent of SB 35 and SB 330 is to encourage cities to create quicker, more accessible pathways for housing to be built. SB 35 went into effect January 1, 2018, and created a streamlined, ministerial approval process for certain, qualifying residential projects that provide at least 2 residential units and contain a minimum of 10% affordable units. On October 9, 2019, Governor Newsom signed SB 330 enacting the “Housing Crisis Act of 2019.” The housing bill is one of several bills that went into effect on January 1, 2020. The overall goal of SB 330 is to “suspend” certain local restrictions on housing development and expedite the permitting process to address the housing shortage in the State. SB 8 extends the date SB 330 sunsets from 2025 to 2030 to give the State more time to recover from the pandemic and meet its housing production goals. SB 330 aims to streamline all multi-family residential development, regardless of whether it includes affordable housing by: • Implementing a preliminary application process that “locks-in” applicable standards at the time of application and until the project is entitled. • Sets review time limits for the entire review process. • Restricts the number of hearings/meetings to a maximum of five (5), including any appeals. • Requires that a project is reviewed only against objective design standards, removing discretionary review unless it is associated with another entitlement such as Zone Change, General Plan Amendment, Planned Development, and/or Specific Plan. SB 35 and SB 330 are applicable only to cities and counties that have not met some or all of their Regional Housing Needs Allocation (“RHNA”). Arcadia has not met its housing allocation and is therefore required to implement this process to be compliant with SB 35 and SB 330. Approximately 97% of all jurisdictions across California have not met some or all of their RHNA and are therefore subject to the provisions of SB 330 and SB 35. Ordinance No. 2390 – TA 22-02 August 16, 2022 Page 3 of 10 In preparation for these changes, the City applied for funding through the Department of Housing and Community Development’s (“HCD”) Senate Bill 2 (“SB 2”) Planning Grants program. The State set aside approximately $123 million to provide funding and technical assistance to the cities and counties as they prepare, adopt, and implement programs that assist in the creation of new housing. The City was awarded $155,400 to have a consultant assist with the creation of new Objective Design Standards for Multi-Family and Mixed-Use developments and update to the City’s Density Bonus Ordinance. Along with this effort, the Text Amendment also includes minor changes to the existing ADU Ordinance. The City contracted with RRM Design Group in 2021 to assist with this effort. RRM Design Group previously assisted the City in updating all design guidelines in 2019. DISCUSSION The proposed Text Amendment consists of the following changes: 1) New Objective Design Standards for Multi-Family and Mixed-Use Development to meet the requirement to streamlining housing projects under Senate Bills 35 and 330; 2) Update to the Density Bonus Ordinance to ensure compliance with recent changes to State law; and 3) Minor changes to the Accessory Dwelling Unit (“ADU”) Ordinance. 1. New Objective Design Standards for Multi-Family and Mixed-Use Development The City has developed new Objective Design Standards to provide clear expectations of the types of design, massing, and issues the City would like to avoid, such as elongated, blank wall facades. The Objective Design Standards build off the existing design guidelines that were updated in 2019, and will also provide clear language for developments to follow. This will improve compatibility between new and existing housing because Objective Design Standards allow for more predictable development outcomes. Two different sets of design standards have been created for different types of housing (e.g., multi-family and mixed-use residences) – refer to Attachment No. 1, Exhibit “A”. The new Objective Design Standards will clearly communicate the City’s expectations to Applicants, and if an eligible project complies with the standards (as well as all applicable zoning regulations), approval could be through a staff-level administrative process with no public hearing review if there are no entitlements associated with it such as a Subdivision, Zone Change, General Plan Amendment, Planned Development, and/or Specific Plan. The new Objective Design Standards were also written to capture and regulate the most significant and impactful design features of multi-family residential buildings. For example, façade articulation is an important architectural design element which provides visual interest and reduces massing. The Objective Design Standards have provisions included to require façade articulation. Similarly, large cantilevers are typically not supported as they create top-heavy design. Therefore, an example to help mitigate this issue is to restrict all cantilevers to a maximum depth of four (4) feet. Ordinance No. 2390 – TA 22-02 August 16, 2022 Page 4 of 10 Below are some examples of what changed from a design guideline to an Objective Design Standard: Design Guideline Objective Design Standard Large expanses of flat building walls should be avoided by providing sufficient building articulation. Vertical and horizontal wall articulation, including architectural indentations and/or projections, should be consistent with the chosen architectural style and be integrated into the overall building design to provide opportunity for shade, shadow, and visual relief. All exterior walls must have a minimum two-foot variation in depth at least every 40 feet of wall length to provide relief along the wall plane. In addition, all walls shall include at least two of the following features: windows, trellises, arcades, balconies, different exterior material, or awnings. Parapets should not appear “tacked on” and should convey a sense of permanence. If the interior side of a parapet is visible from the pedestrian and/or motorist vantage point, it should be designed to be similar to the exposed façade. a. Parapets shall be capped with precast treatment, continuous banding, or projecting cornices, dentils, or similar edge treatment. b. Parapet material shall match the immediately adjacent building façade. Garage doors facing the street are highly discouraged. Garage doors shall be oriented to face away from the primary street. Rooftop equipment should be concealed from view and/or integrated within the architecture of the building. Rooftop equipment that is not able to be concealed within the architecture of the building shall be screened from view behind a parapet wall or through the use of screens. Screens must have the same façade treatment as the structure. To provide some flexibility, because not all projects can meet these standards depending on the architectural style or layout, the text amendment includes a new process to waive up to three (3) Objective Design Standards, subject to approval by the Planning & Community Development Administrator, or designee. The purpose of this waiver process is to ensure a project does not include any unwanted design features which are not appropriate for the neighborhood, and to allow for some nuance while working within the limitations created by only applying objective standards. These new Objective Design Standards will be used to review applications for multi-family and mixed-use development that qualify for expedited processing under SB 35 and SB 330 only. For all other projects, the existing Design Guidelines and processes will remain in effect with no change. Ordinance No. 2390 – TA 22-02 August 16, 2022 Page 5 of 10 2. Density Bonus Update Density bonus is a state mandate originally enacted in 1979 to provide housing developers with tools to encourage the development of much needed affordable and senior housing. The Density Bonus Law is updated regularly, and the existing Density Bonus Ordinance has been updated to comply with all the legislative changes since the last comprehensive Code update in 2016. Some of these changes include increasing the term of the affordability requirement from 30 to 55 years, adding a chart that shows the state’s sliding scale of what bonus is allowed based upon the percentage of affordable units provided at each income level, adding a table that lists the number of incentives/concessions from the zoning rules that are allowed, and allowances for a reduction to parking and lower parking ratios if a project is located within ½ mile of a major transit stop. A density bonus is determined by taking the maximum allowable density for the site and deed restricting a certain percentage of those units for affordable housing. In accordance with the State Density Bonus Law, a density bonus will be applied based on the percentage of affordable units provided. For example, a project that is proposed in a zone that allows 100 residential units and provides 17% of those as Low-Income units will receive a 30.5% density bonus and two (2) concessions. This means the project could have a total of 130 residential units, 17 of which will be restricted for low-income families. Table 1 identifies the recent changes to the State Density Bonus Law. The table shows the percentage of affordable units required for a project to be granted a certain density bonus and a certain number of concessions/incentives. Table 2 identifies changes to parking requirements for density bonus projects. The new changes are shown in red and the strike-through language shows the language that is proposed to be deleted and what the requirements used to be in both of the tables below. Table 1 Summary of Increased Requirements for Density Bonus and Concessions/Incentives Household income category Percentage of Affordable Units in Project Density Bonus Minimum Number of Concessions or Incentives Very Low Income 5% 20% 1 Very Low Income 10% 32.5% 2 Very Low Income 15%+ 35%50% 3 Very Low Income 80 – 100%^ 80% 4 Low Income 10% 20% 1 Low Income 20%+ 17% 30.5% 2 Low Income 20% 35% 2 Low Income 30% 24%+ 35%50% 3 Low Income 80 – 100%^ 80% 4 Ordinance No. 2390 – TA 22-02 August 16, 2022 Page 6 of 10 Moderate Income* 10% 5% 1 Moderate Income* 20% 15% 2 Moderate Income* 30% 25% 3 Moderate Income* 40% 35% 3 Moderate Income* 44%+ 50% 3 ^ Up to 20% of units may be allocated for Moderate Income households *For-sale units only Table 2 Maximum Off-street Parking Requirements Threshold Maximum Parking Requirement 0 – 1 bedroom 1 2 – 3 bedrooms 2 1.5 4 or more bedrooms 2.5 Rental projects with at least 11% very low-income OR 20% low income AND within 1/2 mile of a major transit stop 0.5 per bedroom unit Rental projects 100% affordable to low‐income households AND within 1/2 mile of major transit stop 0.5 0 per unit Rental project for individuals 62+ AND with paratransit service OR bus routes within 1/2 mile of major transit stop 0.5 0 per unit Rental project for special needs housing 100% affordable to low-income households AND with paratransit service OR within 1/2 mile of a bus route operating at least 8 times per day 0 Rental project for supportive housing 100% affordable to low-income households 0 Moderate‐income for‐sale project with at least 40% affordable units AND within 1/2 mile of major transit stop 0.5 per bedroom Affordable housing is provided based on several income levels or categories. Income levels are established as a percentage of the Area Median Income (AMI) and are as follows: • Very Low Income – 50% of AMI • Low Income – 80% AMI • Moderate Income – 120% AMI • Above Moderate Income - > 120% AMI Ordinance No. 2390 – TA 22-02 August 16, 2022 Page 7 of 10 For the year 2022, the Los Angeles County AMI is: • $63,750 for a one-person household. • $72,900 for a two-person household. • $82,000 for a three-person household. • $91,100 for a four-person household. For all the changes to the Density Bonus Ordinance, refer to Attachment No. 1, Exhibit B. 3. Minor Changes to the Accessory Dwelling Units Over the past decade, the State has implemented multiple changes to the Government Code regarding the development of Accessory Dwelling Units (ADUs). The current ADU law includes several provisions that limit a local jurisdiction’s ability to regulate many aspects of ADUs. The City has updated its Ordinance over time to reflect changes made to ADU regulations, while still retaining as much local control as possible. The most recent ADU Ordinance update was completed in 2020. In the subsequent two years, several provisions of the ADU Ordinance have been identified which require minor clean-up of language that was inadvertently excluded from the last update, and minor amendments to the process. These changes are not substantive in nature but aim to clarify text or remove unnecessary provisions. The minor update will include the following changes to the ADU Ordinance: • Remove the covenant process for ADUs – This process is no longer necessary since the Development Code and the law does not allow the property owner to convey the ADU to a separate owner. Previously, the covenant was the only mechanism to ensure that the unit would not be sold off separately, but the ADU law has since changed and the existing regulation in place prevents that from happening. • Impact fees for ADUs 750 square feet or greater – The State has changed the law to now require impact fees for any new ADU that is 750 square feet or greater. It was previously 800 square feet. 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 Development Code amendment is consistent with the goals, policies, and objectives [of] the General Plan; and any applicable specific plan(s). Ordinance No. 2390 – TA 22-02 August 16, 2022 Page 8 of 10 Facts to Support the Finding: The proposed Text Amendment is consistent with the Housing Element Update that identifies goals, policies, and implementation programs addressing housing opportunities, the removal of governmental constraints, improving the condition of existing housing, and providing equal housing opportunities for all Arcadia residents. These goals, policies, and program actions are consistent with all other Elements of the General Plan in that they further the City’s overall goals to create a diverse, sustainable, and balanced community by implementing strategies and programs that contribute to economically and socially diverse housing opportunities that preserve and enhance Arcadia’s character. 2. The proposed amendment is internally consistent with other applicable provisions of this Development Code. Facts to Support the Finding: The proposed Text Amendment would make the Development Code consistent with State law by halting certain local restrictions on housing development and expediting the permitting process for multi-family housing to address the State housing shortage. The proposed Objective Design Standards will not change the development standards for multi-family and mixed-use zones. The update to the Density Bonus Ordinance and minor changes to the Accessory Dwelling Units (ADU) Ordinance will bring both ordinances into compliance with recent changes in State law. The Housing Element Update identifies goals and policies addressing housing opportunities, removal of governmental constraints, improving the condition of existing housing and providing equal housing opportunities for all Arcadia residents through the Development Code. Therefore, the proposed Text Amendment is consistent with other applicable provisions of this Development Code. ENVIRONMENTAL ANALYSIS The proposed Arcadia Mixed-Use Objective Development Standards and Multi-family Objective Development Standards, Density Bonus Ordinance update, and minor changes to the ADU Ordinance are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that they would not have a significant effect on the environment and, thus, are not subject to CEQA review. See Attachment No. 4 for the Preliminary Environmental Assessment. PUBLIC COMMENTS/NOTICE Pursuant to Section 9108.13.020.B.2 of the Development Code, 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 Amendment No. TA 22-02 was published in the Arcadia Weekly on July 28, 2022, and August 4, 2022. As of August 11, 2022, no comments were received in response to the notices. Ordinance No. 2390 – TA 22-02 August 16, 2022 Page 9 of 10 As part of the public outreach effort, the proposed changes were published on the City’s website and made available to the public on June 9, 2022. The proposed changes were also advertised on social media, including Twitter and WeChat, and Architects/Designers who expressed interest in this effort were notified for their input. During the public review period, prior to the Planning Commission public hearing on July 26, 2022, staff received comments from two designers, mostly seeking clarification on process and also providing comments. PLANNING COMMISSION HEARING The Planning Commission held a public hearing on this matter on July 26, 2022. There were no public comments. The Planning Commission discussed the proposed text amendments and found the objective design standards were detailed enough to ensure the City will continue to maintain the design integrity the City is known for and that the changes will bring the Development Code into compliance with State law - refer to Attachment No. 3 for the Draft Planning Commission Minutes. The Planning Commission voted unanimously to adopt Resolution No. 2101 recommending that the City Council approve the text amendments. See Attachment No. 2 for Resolution No. 2101. FISCAL IMPACT Impact fees will be charged for new development in accordance with existing City requirements, but because this project does not directly result in specific development, the financial impacts to the City, if any, are unknown at this time. RECOMMENDATION It is recommended that the City Council Introduce Ordinance No. 2390 related to Text Amendment No. 22-02 amending various sections of Article IX, Chapter 1 of the Arcadia Development Code incorporating new Objective Design Standards for Multi-Family and Mixed-Use Development, updates to the Density Bonus Ordinance, and minor changes to the Accessory Dwelling Unit Ordinance with a Categorical Exemption from the California Environmental Quality Act. Ordinance No. 2390 – TA 22-02 August 16, 2022 Page 10 of 10 Attachment No. 1: Ordinance No. 2390 Exhibit “A” – Multi-family and Mixed-Use Objective Design Standards Exhibit “B” –Density Bonus Ordinance Exhibit “C” – Accessory Dwelling Unit Ordinance Attachment No. 2: Planning Commission Resolution No. 2101 Attachment No. 3: Draft Planning Commission Minutes, dated July 26, 2022 Attachment No. 4: Preliminary Exemption Assessment