Mid-Cycle Zoning Text Amendments

Transcription

1 Item F Mid-Cycle Zoning Text Amendments Kathleen Mallory, Planning Manager Chris Williamson, Consultant Cynthia Walsh, Consultant September 7, 2017

2 Housing Element Background: City adopted Housing Element (12/16/2016) Included three implementing ZTA s: 1) State Density Bonus 2) All-Affordable Housing Opportunity Program (AAHOP) 3) Updated Second Unit Ordinance now Accessory Dwelling Unit (ADU) 2

3 Housing Element Background March 27, 2017 HCD conditional certification Compliance based upon implementation of: Program 6 Zoning Code Amendments* Program 25 Annexation as part of F.3 item Program 26 AAHOP as part of F.3 item Program 29 Review of Parking standards* Program 7 Consistency with State Law * - Discussion for this item. The City must revise its next element by October 15,

4 Background on ZTA s: April 6, 2017 study session (PPT slide 9). April stakeholder survey to prioritize housing policies. June 15 th PC meeting pointed out forthcoming ZTA s. Staff promised actual ZTA text in August. Internal staff review in July and early August. Posted Planning News for public comment. 4

5 Zoning Text Amendments: Attached Dwelling Unit Ordinance (Note: Efficiency unit minimum size for two is 220 sf) 5

6 Zoning Text Amendments, continued: Remove R-2 Six-Unit per Structure Requirement/for Attached Unit Development 6

7 Zoning Text Amendments: Clean up of Accessory Dwelling unit (ADU) Ordinance changes HCD released Accessory Dwelling Unit Memorandum in December 2016, after the City adopted ADU changes (Attachment G). HCD identifies three types of ADU s: 1. Entirely within primary house or accessory structure. 2. Attached (expansion) or house or accessory structure. 3. New separate ADU structure. Also, a Junior ADU that does not require its own bath or kitchen under 500 sq.ft. as an optional use. 7

8 Zoning Text Amendments, continued: Clean up of Accessory Dwelling Unit (ADU) Ordinance changes, continued: KM1 Similar text changes in other ADU Sections. 8

9 Slide 8 KM1 Add in Slight chanhes to Kathleen Mallory, 9/7/2017

10 Clean up of Accessory Dwelling Unit (ADU) Text changes, continued: 9

11 Clean up of Accessory Dwelling Unit (ADU) Text changes, continued: Clarifies replacement of required ADU-converted garage parking. 10

12 Clean up of Accessory Dwelling Unit (ADU) Text changes, continued: Clarifies replacement of required ADU-converted garage parking. 11

13 Clean up of Accessory Dwelling Unit (ADU) Text changes, continued: ADU parking requirements. Added that ADU parking not allowed in front yard except on existing or allowable driveways. Replacement parking or ADU parking cannot be located in front yard. Revised to be consistent with State ADU law. 12

14 Zoning Text Amendments: Finding & Reduce Fee in Reasonable Accommodation 13

15 Zoning Text Amendments: Waiver of Fees for Small Lot Mergers KM4 14

16 Slide 14 KM4 How are we reflecting changes to these ordinances to address BMO's input? Whereas on ADU ord Kathleen Mallory, 9/7/2017

17 Zoning Text Amendments: Update Farmworker Housing Definitions 1. Replaces definition for farmworker housing / definition for SFD to be consistent with state law Adds Farmworker Employee Housing as an allowed use in M-L and C-R zones. 3. Adds off street parking requirements. For Information: Planning Division working on an update to the industrial zoning ordinance to address ag related impacts and to make ag a conditionally permitted use in the industrial zone. 1. XXXX Mentioned industrial Code update which is

18 Zoning Text Amendments: Update Farmworker Housing Definitions, continued: 16

19 Zoning Text Amendments: Update Farmworker Housing Regulations: 17

20 Public Comments Received on Draft Zoning Text Amendments: Sept. 4 th correspondence from Barbara Macri-Ortiz Attached Dwelling Unit development standard comments (page 2 ltr.) Request 1: Add studio to list of bedrooms and establish sq. ft. min of 220 sq. ft. Staff Response: Building code already addresses min. no need to change further. HSC Section allows efficiency units minimum size of 220 sq. ft. for no more than 2 people. It is not precluded by not being identified. Request 2: Section (B) vague and ambiguous. Staff Response: The standard is half the height of adjoining taller structure unless otherwise determined by staff during review for health and safety considerations and will be evaluted as part of the DAC process. 18

21 Public Comments Received on Draft Zoning Text Amendments: Sept. 4 th correspondence from Barbara Macri-Ortiz R-2 Multiple-Family Zone Dwelling Units per Building (page 2 ltr.) Request 1: Delete last WHEREAS. Staff Response: Agreed. WHEREAS will be removed on final resolution. 19

22 Public Comments Received on Draft Zoning Text Amendments: Sept. 4 th correspondence from Barbara Macri-Ortiz Accessory Dwelling Units (page 3 ltr.) Request 1: Per GC Section may not limit size of detached ADU. Staff Response: Subd. (a)(1)(b)(i) specifically gives cities the ability to impose standards on a variety of factors, including maximum size of a unit, while subd. (a)(1)(d)(v) provides that "[t]he total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet. HCD has weighed in on this issue. In its "Accessory Dwelling Unit Memorandum" of December 2016, HCD states at page 9: "A local government may chose a maximum unit size less than 1,200 square feet as long as the requirement is not burdensome on the creation of ADUs." 20

23 Public Comments Received on Draft Zoning Text Amendments: Sept. 4 th correspondence from Barbara Macri-Ortiz Accessory Dwelling Units (page 4 ltr.) Request 2: Cannot require non-ministerial process if potential historic district. Staff Response: Agreed. Text in resolution will be changed to refer to actual listing or inclusion in the 1980 Downtown Oxnard Historic District Survey. Request 3: Replacement garage parking for primary residence should not be required when the garage is converted to an ADU (page 5 ltr.). Staff Response: GC Section (D)(xi) - (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency.. (continued next page) 21

24 Public Comments Received on Draft Zoning Text Amendments: Sept. 4 th correspondence from Barbara Macri-Ortiz Accessory Dwelling Units (page 5 ltr.) Staff Response, continued.: requires that those offstreet parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. Request 4: Parking should be permitted in the front yard (page 6 ltr.) Staff Response: Locating required ADU parking within the front yard setback results in the removal of front yard landscaping. Existing conditions exist with multiple curb cuts or two driveways/circular driveways. These designs violate City curb cut policy which stipulates only one curb cut is permitted per residence. Multiple curb cuts (or driveway entrance/exits) for a residence also results in less on street parking (reduction of curb space). 22

25 Public Comments Received on Draft Zoning Text Amendments: Accessory Dwelling Units (page 6 ltr.) Staff Response on replacement ADU parking, continued: Rationale for requiring replacement required garage parking if existing garage is converted to an ADU. 1) Owner has other ways of creating an ADU. Within the existing house Second floor over garage Elsewhere if yard is large enough. 2) Garage requirement initiated, in part, to reduce vehicle crime. 3) ADU may not require any parking, or only off-street space. 4) Trend towards larger households in many neighborhoods leads to more than two vehicles, so street parking already impacted. 5) Newer development have no 20 foot driveway, or any on-site parking other than in the garage. 6) To maintain the character of neighborhood. 23

26 Public Comments Received on Draft Zoning Text Amendments: Sept. 4 th correspondence from Barbara Macri-Ortiz Lot Merger Fees (page 6 ltr.) Request 1: Parcel sizes essentially results in this fee incentive not working. Staff Response: Removal of the size limitation (10,890 sq. ft.) will make this program more effective. Staff will revise the resolution to reflect no size limitation to encourage this programs success. 24

27 Public Comments Received on Draft Zoning Text Amendments: Sept. 4 th correspondence from Barbara Macri-Ortiz Farm Worker Housing & Parking (pages 7 and 8 ltr.) Request 1: Remove deed restriction provisions and update the definitions of Farmworker Employee Housing and Single Family Dwelling. Staff Response: Staff is in agreement that in the definition of Farmworker Employee Housing the phrase that are deed restricted should be deleted from the definition. Staff is not in concurrence with changing the definitions; Ms. Macri-Ortiz s definitions rely on state law citations instead of outlining the specific conditions. 25

28 Public Comments Received on Draft Zoning Text Amendments: Sept. 4 th correspondence from Barbara Macri-Ortiz Farm Worker Housing & Parking (page 8 ltr.) Request 2: Revise the Farmworker parking requirement. Staff Response: Staff has spent a significant amount of time determining the appropriate parking standard for Farmworkers. Staff contacted several cities (not many have specific farmworker housing parking requirements): City: Parking Standard: Gilroy 1 parking space per 2 occupants Salinas 1 parking space per 3 beds King City 1 parking space per occupant (treated as boarding house). Zoning Ordinance allows for parking relief with a parking study. 26

29 Environmental Review: Pursuant to the California Environmental Quality Act (CEQA), action is not a project per Guidelines Section 15061(b)(3). 27

30 Recommendation: That the Planning Commission recommend that the City Council adopt the six Zoning Text Amendments PZ /-05/-06/-07/-08/-09, with resolution amendments as noted: 1. Attachment A - Removal of last WHEREAS on R-2 multiple family ord. 2. Attachment C - Accessory Dwelling Unit Ord. - revisions to historic section. 3. Attachment E Remove lot size limitation (Lot Merger Ord) 4. Attachment F Removed deed restriction in definition. 28