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Home My WebLink AboutPOWERPOINT PRESENTATION - ITEM 1 (CODE AMEND. 2015-001)AGENDA ITEM NO. 1 CODE AMENDMENT 2015-001 SECOND RESIDENTIAL UNITS CITY COUNCIL PUBLIC HEARING April 21, 2015 BACKGROUND Definition of Second Residential Unit A building or portion thereof designed for residential occupancy on a lot developed with a legal conforming single-family dwelling. vh F Y vv ta" BACKGROUND Definition of Guest Quarters An attached or detached building or room that provides living quarters for guests and (a) contains no kitchen or cooking facilities; (b) is clearly subordinate and incidental to the principle residence on the same building site; and (c) is not rented or leased, whether compensation is direct or indirect. 41 ,may IIIlI ,^ �<x14 =� �"CMI „fY BACKGROUND Many property owners have expressed desire to have and rent second residential units in Old Town. Properties smaller than 12,000 square feet are not currently eligible for second residential units. ��x BACKGROUND Many property owners do not want deed restrictions on the property's title. Providing two (2) additional parking spaces is believed to be onerous. w Q It' d BACKGROUND Accessory guest rooms and other buildings have been illegally converted into 2nd residential units. Ail PUBLIC WORKSHOPS February 20, 2013 Community Workshop March 121 2013 Planning Commission Workshop March 1 1, 2014 Planning Commission Workshop PUBLIC INPUT-WORSHOPS Allow carports instead of requiring garages. Permit parking should be implemented. 2nd units often intrude on neighbor privacy. Construction that preexists Zoning & Building Codes. Limitations on paved/concrete areas. Small guest houses are compatible with Old Town. Allow 2nd units on larger lots only. Limit massing of 2nd unit. Concerns about maintaining Old Town character, aesthetics, and landscaping. PROPOSED CODE AMENDMENT New standards for CR District. 600 sq. ft. maximum for 2nd unit. One garage or carport for 2nd unit. Allow new second residential units on any residentially zoned lot in CR District regardless of lot size. Prohibit new accessory guest quarters rooms in CR District. Standards in other areas would not change. PROPOSED CODE AMENDMENT Conditional Use Permit required No No Maximum height 30 feet 30 feet Minimum building site 12,000 square feet None Maximum overall lot coverage for all 50 percent 50 percent structures 30% of rear yard and Maximum lot coverage for the second unit 30% of side yard None 50 feet -(detached) 50 feet -(detached) Minimum front yard setback 20 feet -(attached) 20 feet -(attached) Minimum front yard setback for off-street 50 feet 50 feet parking 10 feet -corner 10 feet -corner Minimum side yard setback 5 feet -interior Sfeet-interior Minimum rear yard setback 5 feet 5 feet Minimum off-street parking Assigned two -car garage One car garage or carport space 50% of primary single-family Maximum floor area of second unit 10% of lot area dwelling, not to exceed 600 square feet Architectural review Yes Yes Impact to historic structures on California Impacts not permitted Impacts not permitted Register Concurrent or subsequent construction Yes Yes required Entrances to the rear and not visible from Yes Yes public right-of-way (attached and detached) (attached and detached) Owner occupancy No No STATE LAW RELATED TO 2ND UNITS Purpose is to facilitate the provision of affordable housing throughout California. Requires efficiency unit — 150 square feet. Large 2nd units tend to be less affordable, thus defeating the purpose of Assembly Bill No. 1866. R1 PROPERTIES IN CR DISTRICT 194 R 1 properties in the CR District. 23% are at least 121000 square feet in size. 149 additional properties in the CR District would become eligible for second residential units. a DI 6411 0 MAL :0 Kiel 2 go IOL ILI ►af41 PQ mm ig " IZZ. _ ;Jk e�' : �® a i�►�Wli13 ra gTi IIIb=_ ■IIII1�� !� - � II�11 1��■ �■ 11111 PQ mm ig " IZZ. _ ;Jk e�' : �® a i�►�Wli13 ra gTi ANALYSIS - MAX FLOOR AREA Maximum of 600 square feet is proposed. Minimizes aesthetic impacts and massing. Size would be ancillary and subordinate. Would not alter the character of the CR District. Could accommodate aone-bedroom/efficiency unit. Based on unique historic development pattern, character of Old Town, and size, shape, and configuration of properties and residences in Old Town. One parking space is appropriate for a one -bedroom unit (even though two people could be accommodated within the unit.) ANALYSIS — SAMPLE FLOOR PLAN to ... Iftiiw- Covered Or Rear Porch Screened Porch 10 - 6 70 x 6 Bedroom co� 12 24 Kitchen I � 41 ik AW Living Room B011W, Po18 X 1 Front Porch .1 30 A G a 0 a ANALYSIS - SAMPLE FLOOR PLAN ANALYSIS - 2ND UNITS Two second residential units approved in the CR District in the past thirty years. One is 1,450 square feet, built in 1988. The other was approved in 2014 and was proposed to be 700 square feet, but will be redesigned to be 600 square feet. ANALYSIS - PARKING One covered space in garage or carport for the second residential unit. Small parking structure will not negatively impact adjacent properties or CR District character. ANALYSIS - GUEST QUARTERS New guest quarters proposed to be prohibited in the CR District. Many guest quarters have been illegally rented out and equipped "after the fact" with kitchens. Parking spaces are not required for guest quarters. ANALYSIS - GUEST QUARTERS CUPS issued to nine accessory guest quarters in the CR District since 1982. Size range is 564 — 1,320 square feet. Average size is 822 square feet. CUPS would remain in place. Some guest quarters could become second units, and their deed restrictions could be removed if standards are met. IMPACTS AND IMPLICATIONS More residences/residents in Old Town. Greater perceived residential density in Old Town. More parked vehicles and traffic in Old Town. Greater demand on local parks and schools. Change in residential character. More affordable housing in Old Town. Extra income for Old Town property owners. Potential for increased property values. More housing opportunities for seniors, young adults, the disabled, etc. IMPACTS AND IMPLICATIONS Existing approved 2"d units over 600 square feet would become legal nonconforming. Existing approved 2"d units 600 square feet or smaller would be legal conforming. Non -permitted guest quarters and 2nd units could become legal 2nd units if standards are met. HOUSING ELEMENT AND RHNA Additional 2"d units support Housing Element. RHNA allocation is 1,227 units for 2014-2021. Permits issued for 758 affordable units in 2014. CA 2015-001 provides for 149 more units. Diversifies affordable housing opportunities. PLANNING COMMISSION ACTION PC Public Hearing on February 24, 2015. Chair Thompson recused himself. Three Motions: Altowa i j i — Reject; Exempt lots over 12,000 sq. ft. and allow up to 800 sq. ft. on lots less than 12,000 sq. ft. Lumbard — Adopt (staff recommendation). Kozak — Continue the item. Continuance passed 3-1-1. PLANNING COMMISSION ACTION PC Public Hearing on March 24, 2015. Chair Thompson recused himself. Alternative proposals considered. PC adopted Resolution No. 4277, recommending Council approval of proposed CA 2015-001. Passed 3-1-1. PLANNING COMMISSION CONCERNS Street parking Many vehicles parked on Old Town streets. Permit parking Residential Privacy Additional setbacks and height limits suggested. Is considered during design review and plan check. Illegal living quarters Traditional approach is reactive enforcement. Planning Commission is concerned with this approach. PUBLIC NOTICE Public notices published. 660 notices mailed to owners in CR District and within 300 feet. Agenda reports provided to the Chamber of Commerce, Historical Society, Preservation Conservancy, and two realtor associations. PUBLIC INPUT - OVERVIEW Public input at three workshops. Over 40 persons in attendance. 25 surveys completed. Public testimony provided - February 24 and March 24. Letter from Tustin Preservation Conservancy. Apply standards citywide. Impacts on integrity and District. s° Secretary of the Interior's Standards. Limit height behind one-story homes. Increase setbacks for two-story units. Require minimum lot size of 9,000 sq. ft for 2nd unit. CONCLUSION Proposed ordinance responds to community input at the workshops and in surveys: Retain character of CR District Preserve single family neighborhoods Limit new residences in single family areas. Second units should be ancillary and incidental. Keep mature trees. CONCLUSION The proposed ordinance — o Protects Old Town's historic resources. Encourages legal use of accessory buildings. Applies consistent standard to R 1 properties in the CR District. Reflects unique historic development pattern and character of Old Town, and the size, shape, and configuration of many of the properties and residences. Does not have the effect of upzoning RI properties to R2/R3. Provides affordable housing opportunities. Minimizes potential impacts to street parking, traffic, parks, schools, and public services and facilities. RECOMMENDATION That the City Council introduce and have first reading of Ordinance No. 1454, approving Code Amendment (CA) 2015-001, and set a second reading. That the City Council provide direction to staff to: Explore permit parking in the CR District Examine ways to respect residential privacy Take a reactive approach to enforce illegally constructed or converted structures; or take other action as deemed appropriate. 32 CODE AMENDMENT 2015-001 SECOND RESIDENTIAL UNITS CITY COUNCIL PUBLIC HEARING 5� FIRST STREETBa g a 26 '24 125 1212 AN? 135 m 130 ISS 13U 130 Ai07EC a� F1,55 .i.i f iM �.'.,aS,dS,dp ' 14L Ild 140 138 _ 1�.�.. 144 144� 1s1. .... p54 ®174 113 ISO PEPPfR7REE 164 13d ITS 1 137 7iir,rl; nn.;li:.^;ii 18tl u0$ ISO PAAW X65 1E8 ♦ 174 164 _.. I 1712 in 1aG 175 1f1} ,f SEtL'w7eEEfY I I '�'"_ ♦FA 19a n i ., 175 +1751pu I T _.. T_ 1 1 I IT' ., I '�' n 7CO C.1'T7' dl�T'.,'.ST1 Q ♦an ® e. 1 i I .... .... �+1: 21C Sr .h;"f]IR NMN r` j 1 , 1 xaa 2-=t ._L. 4 3x70 z10 v 224 216 J>'w = 2SJ i♦3112 ;OSTIA' UWILLJ' a.v♦o A ; iAF ", S'L'�ti'G'ik ,. . t - fe..... ., u .: `: ts7 L15Ti'!nr 2; :. , _.__.. - — _._._... 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