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HomeMy WebLinkAboutItem HAGENDA STAFF REPORT DATE: December 11. 2017 TO: Honorable Mayor and Members of the City Council FROM: Crystal Landavazo, Interim Community Development Director SUBJECT: EXTENSION OF INTERIM URGENCY ORDINANCE NO. 1662 AMENDING REGULATIONS FOR ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES IN THE CITY TO COMPLY WITH NEW STATE LEGISLATION (ZONE TEXT AMENDMENT NO. 16-2) SUMMARY OF REQUEST: That the City Council hold a public hearing and adopt the second extension of Urgency Ordinance No. 1662, amending interim regulations applicable to accessory dwelling units in residential zones in the City to comply with new state legislation, for a 12 -month period to allow further review of the impacts of the new legislation on the City and to present an ordinance for final action. BACKGROUND: On December 12, 2016, the City Council adopted Urgency Ordinance No. 1662, a 45 - day interim ordinance amending the Municipal Code to establish temporary zoning regulations applicable to accessory dwelling units in residential zones, to comply with 2016 legislation including Assembly Bill 2299 (AB 2299) and Senate Bill (SB 1069). On January 23, 2017, the City Council adopted an extension of Interim Ordinance 1662, for a period of 10 months and 15 days, or through December 11, 2017. As previously outlined in the December 12, 2016 and January 23, 2017 staff reports, this state legislation was written with the intent to increase the housing supply in California by facilitating the creation of new second dwelling units, by further limiting the ability of local jurisdictions to regulate second dwelling units (now described as "accessory dwelling units' or "ADUs") pursuant to amendments to Government Code Section 65852.2. Under AB 2299 and SB 1069, cities were required to adopt an ordinance that complies with the new restrictions by January 1, 2017, or would be required to approve all accessory dwelling units that meet certain very minimal state criteria. Additional amendments to Government Code Section 65852.2 were also enacted this fall, to be effective January 1, 2018, by Assembly Bill 494 (AB 494) and Senate Bill 229 (SB 229). These two new bills contain additional restrictions on cities' ability to regulate accessory dwelling units in residential districts. Agenda Item H ANALYSIS: Urgency Ordinance No. 1662 includes interim regulations intended to update the existing zoning provisions and to allow the City to further evaluate the City's zoning standards to ensure consistency with the limitations that were imposed on cities by the 2016 legislation. In light of the more recent adoption of AB 493 and SB 229, City staff must also evaluate these new bills on the City's zoning provisions regarding accessory dwelling units. Absent any additional action, Urgency Ordinance No. 1662 will expire after the 10 month and 15 day period, or on December 11, 2017. A duly noticed public hearing will be held on December 11, 2017 before the City Council for consideration of an extension of the urgency ordinance for an additional 12 months (through and including December 11, 2018). Staff and the City Attorney's office requested time to complete its analysis of the 2016 and 2017 legislation, as well as to monitor any additional changes in state legislation, and will bring an ordinance to the City Council for final action within the next twelve month period. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. Pursuant to the California Environmental Quality Act ("CEQA"), the Planning Department has determined that the proposed amendments to accessory dwelling unit regulations is exempt from the requirements of CEQA and the City's CEQA Guidelines pursuant to CEQA Guidelines Section 15282(h) which exempts the adoption of an ordinance regarding second units in a single-family or multi -family residential zone. LEGAL ANALYSIS: The City Attorney has reviewed the attached ordinance and has approved as to form. FINANCIAL IMPACT: There is no financial impact associated with this item. RECOMMENDATION: That the City Council hold a public hearing and adopt the extension of Urgency Ordinance No. 1662, amending regulations applicable to accessory dwelling units in residential zones in the City to comply with new state legislation, for a 12 -month period, through December 11, 2018, to allow further review of the impacts of the new legislation on the City and to present an ordinance for final action. Page 2 SUBMITTED BY: NOTED AND APPROVED: qffital L&davap�-' JiQ_W Ingram, Ci4Marelr terim - Development f` Attachments: A. Urgency Ordinance No. 1662 Page 3 Attachment "A" URGENCY ORDINANCE NO. 1662 AN URGENCY ORDINANCE OF THE CITY OF SEAL BEACH APPROVING A 12 -MONTH EXTENSION TO DECEMBER 11, 2018 OF EXISTING INTERIM URGENCY ORDINANCE NO. 1662 AMENDING TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND RELATED DEVELOPMENT STANDARDS AND DECLARING THE URGENCY AND IMMEDIATE EFFECTIVENESS THEREOF PURSUANT TO SEAL BEACH CITY CHARTER SECTION 412 (ZONE TEXT AMENDMENT 16-2) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Interim Ordinance. On December 12, 2016, following a duly - noticed public hearing, the City Council of the City of Seal Beach ("City") adopted Urgency Ordinance No. 1662, a 45 -day interim ordinance amending the Seal Beach Municipal Code to establish temporary zoning regulations applicable to accessory dwelling units in residential zones, to comply with new 2016 legislation including Assembly Bill 2299 (AB 2299) and Senate Bill (SB 1069). On January 23, 2017, the City Council held a duly noticed public hearing and thereafter adopted an extension of Ordinance No. 1662 for a 10 -month 15 -day period, which extension is scheduled to expire on December 11, 2017. SECTION 2. New Legislation. Senate Bill 229 (SB 229) and Assembly Bill 494 (AB 494), enacted in October 2017 and effective January 1, 2018, contain additional restrictions on cities' ability to regulate accessory dwelling units in residential zones. SECTION 3. Public Hearing. On December 11, 2017, the City Council held a duly noticed public hearing regarding the proposed extension of Ordinance No. 1662 and the temporary zoning regulations contained therein applicable to accessory dwelling units in residential zones, and after taking all written and oral testimony, closed the public hearing. SECTION 4. Urgency Findings. The City Council makes the following findings in connection with the adoption of this Ordinance extending the term of Ordinance No. 1662 and the interim zoning regulations contained therein: (a) Effective January 1, 2017, Assembly Bill 2299 ("AB 2299") and Senate Bill 1069 ("SB 1069") amended Government Code Section 65852.2 to further limit the standards cities may impose on second units (now termed "accessory dwelling units"). Effective January 1, 2018, Assembly Bill ("AB 494") and Senate Bill 229 ("SB 229") amend Government Code Section 65852.2 to clarify certain provisions of the 2016 statutory amendments and to provide additional provisions relating to cities' authority to regulate accessory dwelling units. (b) As amended, Government Code Section 65852.2 requires that the City's zoning provisions regarding accessory dwelling units incorporate State -mandated standards for certain types of accessory dwelling units. (c) In addition, Government Code Section 65852.2, as amended, allows the City to establish certain objective standards related to parking, height, setback, lot coverage, landscaping, and certain architectural requirements, which must be applied ministerially except where a property owner is seeking an exception to such standards. (d) The adoption of Ordinance No. 1662 and interim zoning regulations contained therein were necessitated by AB 2299 and SB 1069, which provided that in the absence of a State -compliant Accessory Dwelling Unit ordinance on January 1, 2017, the City's existing second unit standards would be considered null and void pursuant to Government Code Section 65852.2(a)(4) and the City would be required to approve any accessory dwelling unit meeting minimal state criteria. In addition, in the absence of an Accessory Dwelling Unit Ordinance on January 1, 2018 that is fully compliant with the new provisions of AB 494 and SB 229, the City's existing second unit standards may also be considered null and void pursuant to those new bills, as set forth in Government Code Section 65852.2(a)(4), as amended, and the City would be required to approve any accessory dwelling unit meeting minimal state criteria until the City adopts a State -compliant ordinance. (e) Lots in the RHD -20 District located in Old Town, cannot accommodate accessory dwelling units because this zoning district contains substandard lots, and insufficient setbacks between neighboring lots, and is also characterized by a lack of both adequate on -street and off-street parking for existing primary dwelling units. Government Code Section 65852.2, as amended by the 2016 and 2017 legislation, eliminates in some instances, off-street parking requirements for existing and proposed accessory dwelling units and consequently would further negatively impact the ability of property owners in Old Town to provide sufficient off-street parking for the primary residence on-site. The 2016 and 2017 legislation would also result in increased public safety impacts, in particularly those related to fire, traffic and access. Allowing accessory dwelling units in Old Town on substandard lots would preclude the City from being able to provide adequate fire protection services to residents of the subject sites, as well as nearby property owners, due to severely restricted access to the primary residence or to detached accessory dwelling units from the public street or from adjacent lots. In addition, elimination of off-street parking requirements for certain accessory dwelling units will have an adverse impact on the circulation system and parking of a zoning district already characterized by a severe shortage of on -street public parking for residents within that zoning district, particularly those who require their own vehicles for transportation to jobs and for medical treatment. Section 65852.2, as amended, provides that off street parking for accessory dwelling units shall be permitted in setback areas in locations determined by the City or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and life safety conditions. Some lots in other zoning districts are also insufficient in size to allow parking in rear, side or front yard setbacks, due to the parking requirements for the primary dwelling unit and restricted driveway length and width, and limited distance between neighboring lots. Allowing parking in rear, side and front yard setbacks in the City's other zoning districts is not feasible due to fire and other life safety concerns. The addition of accessory dwelling units and the corresponding need for additional parking and/or relocation of existing parking for the primary dwelling unit would result in restricted ingress and egress between the public street and the primary dwelling unit and accessory dwelling unit, and therefore setback parking is not allowed. The provisions set forth in this urgency ordinance balance the requirements of Government Code Section 65852.2 with the unique topographic, traffic, parking and fire issues characteristics of properties and zoning districts within the City. (f) The immediate preservation of the public health, safety and welfare requires that the temporary zoning regulations previously enacted pursuant to Ordinance No. 1662, remain in place pending development of permanent regulations, so that during this interim period the City remains able to protect residents and businesses from adverse fire and other public safety impacts resulting if accessory dwelling units were otherwise allowed in these zoning districts areas and sites where there is insufficient parking, setbacks and access. Therefore, an extension of this Ordinance is necessary for the immediate preservation of the public peace, health, safety and welfare and its urgency is hereby declared. (g) During the previous term of Ordinance No. 1662, City staff has been reviewing of the new legislation, its impact on the City's zoning provisions and the experience of other cities with accessory dwelling units. The City's actions include an evaluation of a technical assistance memorandum issued by the California Department of Housing and Community Development ("HCD") and HUD webinar regarding implementation of the new legislation, which provides the only state guidelines currently available to cities to assist in the development and evaluation of accessory dwelling unit ordinances pursuant to AB 2299 and SB 1069. The HUD memorandum addresses matters including requirements with respect to minimum and maximum sizes of accessory dwelling units, off-street parking, and other potential development standards in light of the statutory purposes establishing accessory dwelling units as an essential component of the state's housing supply. Based on the recent enactment of AB 494 and SB 229, the City is also evaluating the impact of additional provisions contained in those bills on the City's authority to regulate accessory dwelling units in all residential districts and any necessary permanent zoning amendments. The City's research, review and analysis is not yet complete, and the City Council finds that additional time is necessary for the City to analyze the HUD memorandum and any other State -issued guidance and study the potential land use, public services, public safety, parking, traffic and infrastructure effects of allowing accessory dwelling units to be built on lots in the various areas of the City. The Planning Commission and City Council require a reasonable period of time to evaluate and establish the most appropriate permanent regulations for accessory dwelling units, and sufficient time is also necessary to allow the residents an opportunity to participate in the public hearing process for development of the updated regulations. Unless the City extends the interim urgency ordinance, the City would be required to either approve accessory dwelling units in locations and under standards that may have severe negative impacts on the surrounding community or adopt permanent standards without the benefit of an inquiry and study on the appropriate locations and standards for accessory dwelling units in the City and in particular areas. In light of the need to allow staff to complete its evaluation of options and to provide the City Council with a long-term solution to issues, the City Council finds that while contemplated zoning and permitting proposals are still being considered, there is a current and immediate threat to public health, safety or welfare, and that a such, an additional extension of the interim ordinance is necessary. SECTION 5. CEQA Findings. The City Council hereby determines that this Urgency Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and Title 14, Chapter 3, Section 15282(h) of the California Code of Regulations. SECTION 6. Urgency Ordinance No. 1662 Extended to December 11, 2018. Ordinance No. 1662 and the temporary zoning regulations enacted thereby will expire and terminate on December 11, 2017 unless further extended on or before that date. Therefore, Urgency Ordinance No. 1662 is hereby extended pursuant to Government Code Section 65858 for 12 months, through and including December 11, 2018. During the extended term of the interim ordinance, all accessory dwelling units shall comply with any and all zoning regulations set forth in Ordinance No. 1662. SECTION 7. Effective Date; Term. This Ordinance is adopted as an urgency ordinance for the immediate preservation of the public peace, health and safety within the meaning of Section 412 of the City Charter, and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption by a minimum 4/5 vote of the City Council. This Ordinance shall expire on December 11, 2018. SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Urgency Ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Urgency Ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 9. Savings Clause. Neither the adoption of this Urgency Ordinance nor the repeal or amendment by this Urgency Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Urgency Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances. SECTION 10. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 11t" day of December, 2017. ATTEST: Mayor, Sandra Massa-Lavitt APPROVED AS TO FORM City Clerk, Robin L. Roberts City Attorney, Craig Steele STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Urgency Ordinance was passed, approved and adopted by the City Council at a regular meeting held on the 11t" day of December, 2017 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members and do hereby further certify that Urgency Ordinance Number 1662 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk, Robin L. Roberts