AGENDA ITEM NO. 6 CITY OF HAWTHORNE CITY COUNCIL AGENDA BILL For the meeting of: February 23, 2016 Originating Department: Planning Department Head: Gregg McClain City Manager: Arnold Shadbehr SUBJECT: Zoning Text Amendment 2016ZA02 Small planned unit residential developments on large R-1 and R-2 lots DIRECTOR S RECOMMENDED MOTION: 1. Open the public hearing 2. Close the public hearing 3. Adopt Ordinance No. 2104 FISCAL IMPACT: None. May lead to increase in building permits. NOTICING PROCEDURES: None. REPORT: The City of Hawthorne is disproportionately developed with rental housing (75% of units in the city). There are many contributing factors to this overconcentration, and there will be need for many policy and regulatory solutions to rebalance the housing options not to mention time. Staff identified an area of the Municipal Code Hawthorne (HMC) that should be amended in order to encourage sensible development of existing lots with quality, for-sale housing. Under the current provisions of the HMC, certain types of development are restricted in the R-1 and R-2 zones. Although both zones contain numerous large lots (over 8,000 square feet) that may be utilized for additional owner housing, the current regulations do not permit these zones to develop more than 2 units, regardless of lot size. To encourage sensible and compatible utilization of larger lots, the Planning Department recommends amending the HMC in two ways: 1. Allow planned unit developments (PUD, which are defined below) of 2 units on lots over 8,000 square feet in R-1 Zones; and 2. Allow PUDs of 3 or more units on lots over 1/4 of an acre (10,890 square feet). 1
As to the first change, the HMC already permits second units on R-1 lots over 8,000 square feet. That provision, as it currently exists in the HMC, requires that one of the units be a rental that cannot be sold separately from the other unit. Amending the HMC to permit 2 units on R-1 lots over 8,000 square feet as a PUD would allow that second unit to be owner-occupied and sold independently from the other house. The development standards applicable to a single family house, including parking, will be applicable to both units individually. This amendment, if approved, will promote home ownership, provide a relatively affordable housing alternative, and will have little neighborhood impact beyond the existing policy that permits second units on these larger R-1 lots already. As to the second proposed change, R-2 lots are currently limited to a duplex as the maximum intensity of development. This option kicks in at 7,000 square feet. Even a lot of 14,000 square feet is currently limited to a duplex or single family home. As a result, developers would seek to find ways to subdivide the properties to create as many legal 7,000 square foot lots as possible in order to build a duplex on each lot. This is rarely economically feasible and often leads to an unwieldly combination of flag lots and reciprocal easements over shared driveways. This is an example of designing to meet code requirements and to accommodate vehicles at the expense of creating a livable space for human beings. The proposed amendment would simply permit PUDs of 3-units on lots over 10,890 square feet in the R-2 Zone. This flexibility allows these larger lots to be designed for livability, compatibility to neighboring developments, and at a density that is comfortably below the maximum permitted by the General Plan. Then, for each 3,630 additional square feet (never rounded up), another unit may be added. This would produce a density of 12 units per acre where the General Plan calls for the density to be between 8.1 and 17.0 units per acre in this zone. Figure 1: Except from the Hawthorne General Plan Land Use Element. The reason 12 units per acre was selected for this amendment is because the R-1 zone currently permits densities that are nearly 9 to the acre, and with second units on 8,000 square foot lots, the R-1 density approaches 11 per acre. It does not make sense to limit R-2 to a density that is 2
lower or about even to the R-1 density. Also, 12 divides very neatly into an acre (43,560 square feet), making the calculations simple and easy for the public to understand. The current maximum density of R-2 is 12.4 per acre. The table below explains how the densities are calculated. Table 1: Comparison of densities, R-1 and R-2 zones Zone Lot size Lots this size/acre units/lot Effective density R-1 5,000 8.7 1 8.7/acre 8,000 5.4 2 10.8/acre R-2 (current regulations) 5,000 8.7 1 8.7/acre 7,000 6.2 2 12.4/acre R-2 (proposed new) 10,890 4.0 3 12.0/acre Additional examples: 14,520 3.0 4 12.0/acre 43,560 1.0 12 12.0/acre Planned units are already defined in the HMC as such: Planned unit means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in a residential, commercial or industrial building, or a portion thereof, and the ground upon which such building, or portion thereof, is located on such real property, such as an apartment, office, store, or industrial use. A planned unit may include in addition, a separate interest in other portions of such real property, including buildings, or portions thereof. In layman s terms, this means that planned units are detached condominiums and that portion of the original lot that is not holding the house, garage, and possibly some private yard area, is owned jointly by all the various owners. The city requires an association be created with CC&Rs recorded on each property. This is to ensure that all buyers are aware that there is an association, that it cannot be dissolved, and that it can collect fees for the maintenance of common areas. This is usually a more affordable association than for an attached condominium because the individual owners will be responsible for their structure s maintenance and upkeep, limiting the HOA to driveways, fences, landscaping and the like. ATTACHMENTS: Ordinance No. 2104 Planning Commission resolution PC 2015-15 3
ORDINANCE NO. 2104 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA, AMENDING CHAPTERS 17.14 (R-1) AND 17.16 (R-2) OF TITLE 17 (ZONING) OF THE HAWTHORNE MUNICIPAL CODE RELATED TO SMALL PLANNED DEVELOPMENTS ON LARGE PARCELS OF LAND WHEREAS, the City of Hawthorne seeks to ensure the logical development of land in all residential zones; and WHEREAS, in the R-1 and R-2 zones there are parcels of land that are very large relative to others; and WHEREAS, in the R-1 and R-2 zones very large parcels of land cannot be developed with multiple dwelling units except by subdivision of land; and WHEREAS, in the R-1 zone accessory dwelling units are permitted pursuant to state law but the result is by HMC regulations the creation of a rental unit; and WHEREAS, the city is disproportionately developed with rental housing (75 percent of units); and WHEREAS, the proposed amendment will permit the development of an accessory unit that can be sold and owned separate from the main house; and WHEREAS, in the R-2 zone large lots are subdivided to maximize units, leading to odd shaped parcels, flag lots, and the need for reciprocal easements; and WHEREAS, This amendment establishes planned unit developments up to 2 units in the R-1 zone and up to the existing General Plan density in the R-2 zone. NOW, THEREFORE, the City Council of the City of Hawthorne does hereby ordain as follows: Section 1. The City Council of the City of Hawthorne hereby incorporates by reference all the recitals herein. Section 2. The table entitled R-1 Low Density Residential Classification Table of General Use and Bulk Requirements in Section 17.14.020 (Permitted and conditionally permitted uses and bulk requirements) of Chapter 17.14 (Low density residential classification) of Title 17 (Zoning) of the Hawthorne Municipal Code is hereby amended by adding the following line after the entry for Mobile home:
Permitted Uses and Conditionally Permitted Uses Lot Size (sf) Lot Width Lot Depth Front Setback Side Setback 1 Interior/Street Rear Setback 2 Lot Coverage (%) Building Height Open Space (sf) Planned Unit Development (PUD), 2 units only 8,000 50 100 15 3 5 4 /10 3,5 5 75 22 500 per unit Section 3. The table entitled R-2 Medium Density Residential Classification Table of General Use and Bulk Requirements in Section 17.16.020 (Permitted and conditionally permitted uses and bulk requirements) of Chapter 17.16 (Medium density residential classification) of Title 17 (Zoning) of the Hawthorne Municipal Code is hereby amended by adding the following line after the entry for Two-family dwelling unit (duplex): Permitted Uses and Conditionally Permitted Uses Lot Size (sf) Lot Width Lot Depth Front Setback Side Setback 1 Interior/Street Rear Setback 2 Lot Coverage (%) Building Height Open Space (sf) Planned Unit Development (PUD) 10,890 for 3 units plus 1 unit for each 3,630 50 100 15 3 5 4 /10 3,5 5 75 22 500 per unit, at least 50% common open space Section 4. The proposed amendments to the Hawthorne Municipal Code contained herein constitute a project within the scope of the California Environmental Quality Act (CEQA) and the City s CEQA Guidelines. The project qualifies as a Class 5 Project (Minor Alternations in Land Use Limitations) pursuant to CEQA Guidelines Section 15305 and thus are exempt from environmental review. This exemption is applicable because the amendment does not change the land uses allowed on areas of slopes greater than 20% and do not change allowable land uses in a manner that could create a potentially significant impact on the environment. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. Section 6. Preparation of Summary. The City Attorney is directed to prepare a fair and adequate summary of this ordinance pursuant to California Government Code Section 36933(c)1. Section 7. City Clerk Directed to Publish Summary of Proposed Ordinance in The Herald Tribune. Pursuant to Government Code Section 36933(c)1, the City Clerk is directed to publish a summary of this ordinance not less than 5 days before adoption of this ordinance, with a 2
second publication of the summary, complete with the votes cast, which are to be posted and published within 15 days following adoption of this ordinance. The City Clerk is also directed to forward a copy of Ordinance No. 2094 to Quality Code Publishing, 2100 Westlake Ave. No. Suite 106, Seattle, WA 98109. Section 8. City Clerk Directed to Attest and Post. The City Clerk shall attest to the adoption of this Ordinance, and shall cause this Ordinance to be posted in the manner required by law. PASSED, APPROVED, and ADOPTED this 23rd day of February, 2016. ATTEST: ALEX VARGAS, MAYOR City of Hawthorne, California NORBERT HUBER, CITY CLERK City of Hawthorne, California APPROVED AS TO FORM: RUSSELL I. MIYAHIRA, CITY ATTORNEY City of Hawthorne, California 3