PREPARED BY: TRICIA STEVENS DATE OF MEETING: 06/05/17
SUBJECT:
TITLE
SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AMENDING ZONING ORDINANCE CHAPTERS 17.32, 17.42, 17.54, 17.60, 17.68 AND 17.70 RELATING TO ACCESSORY DWELLING UNITS
Label
CITY MANAGER RECOMMENDATION
Recommendation
Waive second reading; adopt Ordinance.
BODY
COMPLIANCE STATEMENTS
The accessory dwelling unit ordinance is consistent with Policy Area Strategic Planning/Special Projects, Policy Item 4.18, Zoning Code Amendments, and Policy Area: Neighborhood Improvements, Policy Item 2, Future Housing for Students or Local Employers as identified in the FY 2015-17 Council Priority Workplan, effective October 1, 2016.
CEQA COMPLIANCE STATEMENT
The proposed project has been determined to be categorically exempt from the provisions of CEQA, in accordance with CEQA Guidelines Section 15305, Minor Alterations in Land Use Limitations, with no potential for causing a significant effect on the environment.
BACKGROUND
Background from the Introduction/First Reading of the Ordinance
The City Council introduced the Ordinance as presented by Staff at its meeting of May 15, 2017. There was one member of the public who spoke on this item before the City Council.
This Council raised the following issues at this meeting: 1) the potential to look at setbacks for single-family residences (in order to allow for parking within the front setback); and 2) allowing the square footage of an Accessory Dwelling Unit (ADU) to be more than 50% of the square footage of the existing single family residence.
With input from the City Manager, the Council as a whole was not inclined to continue the proposed ADU Ordinance in order to make revisions. This was due, primarily, to the fact that the state provisions for ADUs are in effect January 1, 2017, resulting in less local control until the City adopts its own local regulations under a new ADU Ordinance. As staff explained to the City Council on May 15, 2017, there exists opportunities in the future to address and refine these policy topics under a proposed Zoning Code Amendment process identified under the current FY 2015-17 Council Priority Workplan, or under the proposed Single Family Residential Design Guidelines to be presented in July 2017, and/or including the Development Services Department Work Plan in the new FY 2017-2021 budget cycle.
Attachment B is the Summary of the Ordinance from the May 15, 2017 Council meeting. Attachment C is the proof of publication for the second reading of the Ordinance.
EXISTING ZONING ORDINANCE AND STATE LAW
Existing Zoning Ordinance. The existing San Pablo Zoning Ordinance permits accessory dwelling units (ADU’s) in the R-1 zone. Conversions of existing space and new construction (attached and detached units) are permitted if the lot size is at least 5,000 square feet in size with a maximum unit size of 500 square feet, with design review. No more than one bedroom is permitted. Maximum lot coverage is 45 percent, and at least one new parking space is required. The Ordinance requires that at least one of the units is owner occupied.
State Law. The State Legislature enacted three new laws in 2016 intended to make it easier to construct ADU’s to partly address the State’s housing shortages. These laws help reduce development barriers and expand potential capacity to build ADU’s. The new laws promote ADU’s as a critical form of infill-development that can be affordable and offer important housing choices within existing neighborhoods. ADU’s can be a type of housing unit that serves different populations ranging from students and young professionals to young families, people with disabilities and senior citizens. By design, ADU’s are more affordable and can provide additional income to homeowners.
Main features of the new State Laws include:
1. Conversion of existing space to an ADU must be ministerially approved if the unit is contained within an existing residence or accessory structure, has independent exterior access from the existing residence, and has side and rear setbacks that are sufficient for fire safety. No additional parking or other development standards can be applied except for building code requirements.
2. Prohibits local governments from adopting an ordinance that precludes ADU’s.
3. Reduces parking requirements to one space per bedroom or unit for new ADU’s that are not conversions of existing space. The legislation authorizes off street parking to be tandem or in setback areas unless specific findings such as fire and life safety conditions are made. The State Law also prohibits parking requirements if the ADU meets any of the following:
a. Is within a half mile from public transit.
b. Is within an architecturally and historically significant historic district.
c. Is part of an existing primary residence or an existing accessory structure.
d. Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU.
e. Is located within one block of a car share area.
4. Supersedes existing local ordinances. Local governments may adopt new ordinances regulating new construction as to lot size, lot coverage, and maximum unit size. Conversions of existing space must conform to State Law. The new State Law went into effect on January 1, 2017. New local ordinances may be adopted at any time.
5. Provides for Junior Accessory Dwelling Units. JADU’s are located within an existing primary dwelling, can be less than 500 square feet in size and may share cooking and bathroom facilities with the primary dwelling. Providing for JADU’s in local ordinances is optional. City staff does not see a need for addressing JADU’s at this time. The proposed ordinance outlined below allows smaller accessory dwelling units, similar to JADU’s, as there is not a minimum size for ADU’s. The main difference is that ADU’s must provide separate cooking and bathroom facilities whereas a JADU may share cooking and bathroom facilities with the primary dwelling.
GENERAL PLAN AND HOUSING ELEMENT COMPLIANCE
The proposed ordinance is consistent with General Plan Policy LU-G-5 in that ADU’s provide a housing type that serves the economic needs of the community.
LU-G-5 Promote a variety of housing types and prices within neighborhoods to serve the economic needs of all segments of the community.
The General Plan provides assumptions on housing and population growth to 2030. Potential demand for ADU’s is included in these assumptions. (See Tables 1.5-1 and 1.5-4). Government Code Section 65852.2 (C) is clear that accessory dwelling units are a residential use and are consistent with the General Plan designations for any single-family residential lot. Because ADU’s are accessory, they do not increase density.
The 2015 Housing Element supports the construction of accessory dwelling units:
Housing Goal H-3 Affordability and the Adequate Provision of Housing. Provide a diversity of housing types to meet the needs of all economic segments and family types in San Pablo.
Policy H-3.3 Housing Variety, Choice and Innovation. Continue to encourage the provision of a variety of housing choices and types in the community, including innovative forms of housing.
Program H-3.3.1 Promote Second Units. Continue to promote the development of second units as an affordable housing alternative in single-family areas, with reduced setback requirements. To promote the development of secondary dwelling units, the City will provide information in annual e-mailings to residents.
KEY ISSUES
The draft ordinance (Attachment A) addresses the new State Law and provides regulations specific to the needs of San Pablo. The overarching issue for the City is parking clutter in older neighborhoods on small or substandard lots. This concern is accentuated by State Law, which prohibits the City from requiring additional parking if the ADU is within ½ mile of a transit stop, and most of the City is within this ½ mile radius. The proposed ordinance addresses this issue in a variety of ways, with limitations on minimum lot size and minimum unit size.
The City Council considered the key points (listed below) of the proposed Ordinance at their May 15, 2017 Council meeting:
1. Minimum parcel size and street frontage: Consistent with existing City ordinances, the proposed ordinance prohibits construction of a new ADU or expansion of an existing primary dwelling on lots smaller than 5,000 square feet, and requires at least 50 feet of public street frontage. This does not apply to conversions of existing space.
2. Minimum unit size: The proposed maximum ADU size is 700 square feet for new construction. A larger ADU up to 1,200 square feet may be allowed with a conditional use permit. This provision provides more flexibility if all setback, lot coverage, and height standards are met, and the ADU does not exceed 50 percent of the living area of the primary dwelling.
3. Height: The proposed ordinance allows detached ADU’s at a height of 16 feet. The existing ordinance for accessory structures limits height to 12 feet, with a conditional use permit required to build to 16 feet. Staff believes that a 12 foot height for detached ADU’s is impractical and would result in ADU’s with a flat roof that may be incompatible with the primary dwelling.
4. Number of bedrooms: The proposed Ordinance is for a maximum of two bedrooms.
5. Parking: No parking is required if an ADU is within ½ mile of a transit stop. The proposed ordinance defines transit stop as a bus stop that provides 15 minute or less service during peak hours, and train and light rail stops.
6. Separate utilities: State Law prohibits the City from requiring separate utilities for conversions of existing space, and allows the City to require separate utilities on new construction. The proposed ordinance clarifies that the City would not require separate utilities, unless required by a service provider (e.g. EBMUD, West Contra Costa Wastewater District, PG&E).
Economic Development/Project Management Standing Committee:
On May 4, 2017, the Economic Development/Project Management Standing Committee (Cruz/Kinney) met and reviewed the proposed item and provided input to City staff. The Standing Committee recommended that the amendment to the Zoning Code proceed for formal City Council consideration related to Accessory Dwelling Units.
Planning Commission:
The Planning Commission held a public hearing on April 18, 2017 and recommended approval of the ADU Ordinance with one modification from the draft that staff presented: allowing the property owner to decide whether to have separate utilities to the ADU unless otherwise required by the utility provider.
CONCLUSION
The proposed ordinance responds to new State Law. If the City does not adopt a new ordinance, then State Law will continue to supersede the existing ordinance. The proposed ordinance allows for conversions of existing space, and provides standards for new construction, including limitations on unit size, lot size, and lot coverage. Concerns about parking clutter and neighborhood safety are addressed by prohibiting new ADU’s on lots smaller than 5,000 square feet and requiring that lots have at least 50 feet of public street frontage.
FISCAL IMPACT
It is not anticipated that the implementation of this ordinance will have any fiscal impact.
ATTACHMENTS
A. Ordinance 2017-###, adopting the Zoning Ordinance amendments
B. Summary of Proposed Ordinance
C. Public Hearing Notice & Proof of Publication