HomeMy WebLinkAboutSecond Units in Single Family Districts - Code Amendment 83- t�
ESN .
IN THE
Superior Court �,�',(A/ /Q�+/{
OF THE e""_ d 6" V
STATE OF CALIFORNIA
In and for the County of Orange 0�6 7g
PROOF OF PUBLICATION
CITY OF HUNTINGTON BEACH
PLANNING
HEARING
State of California )
County of Orange PUBLIC NOTICE
_--
A P R I L L. ELLIOTT I
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO.83-29
(SECOND UNITS IN
That I am and at all times herein mentioned was a citizen of SINGLE-FAMILY DISTRICTS)
the United States,over the age of twenty-one years,and that I NOTICE IS HEREBY GIVEN that a ;
am not a party to,nor interested in the above entitled matter; I public hearing will held by the City
Council of the City off I Huntington Beach,
that I am the principal clerk of the printer of the in the Council Chamber of the Civic Cen-
ter.Huntington Beach,at the hour of 7:30
P.M.,or as soon thereafter as possible on
HUNTINGTON BEACH I N D. REVIEW Monday,the.16th day of January. 1994
for the,purpose of considering Code
a newspaper of general circulation,published in the City of Amendment No. 83-29, initiated by the
Development..Services Department.Said
code amendment would amend the fol-
H U N T I N G T O N BEACH Iowf 1j Section 91UL3 of the Huntington
County of Orange and which newspaper is published for the Beach Ordinance Code w set forth
standards for allowing second unity in
disemination of local news and intelligence of a general charac- single family districts.
ter, and which newspaper at all times herein mentioned had (in Section 5.oMunicip of the to de-
and Beach Municipal Code to de-
and still has a bona fide subscription list of paying subscribers, fine an apartment house as a building
and which newspaper has been established, printed and pub- where two or more families reside,
regular intervals in the said Count of Orange for a unless one unit is owner occupied.
lished at re
g Y g A copy of said code amendment is on
period exceeding one year; that the notice, of which the file in the Department of Development
annexed is a printed copy, has been published in the regular Services.
All interested persons are invited to
and entire issue of said newspaper,and not in any supplement attend said hearing and express their
thereof,on the following dates,to wit: opinions for or against said Code Amend-
ment..
Further information may be obtained
'from the Office of the City Clerk, 2000
Main Street,Huntington Beach,Califor-
nia.92648-(714)536-5227
Dated 12/30/83
J A N U A R Y 59 1984 CITY OF HUNTINGTON BEACH
By:Alicia M.Wentworth
City Clerk
Pub.Jan.5,1984
Hunt Reach Ind.Rev.435332
I certify(or declare)under penalty of perjury that the forego-
ing is true GARDEN GROVE
Datedat................................................
California,thi .. .t.h.day of ....4 AN.19....8.4.
..... .. ..................
Signature
-**'9FOrm No.POP 92082
N
r i
REQUEST FOR CITY COUNCIL ACTION
Date January 5 , 1984
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administr o
Prepared by: James W. Palin, Director of Development Services
Subject: CODE AMENDMENT 83-29 , SECOND UNITS IN SINGLE FAMILY DISTRICTS
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Senate Bill 1534 added Section 65852 . 2 to the Government Code ,
making provision for second units . The Housing Committee and
Planning Commission recommend- adopting an ordinance to implement
the requirements of the bill .
RECOMMENDATION:
Planning Commission Recommendation:
Adopt the attached ordinance which will allow second units in
single family districts based on specific locational criteria
and development standards . The Planning Commission recommends
that the park and recreation fees be reduced to 25 percent of
normal , and that energy-conservation measures be required only
for the new unit ..
Staff Recommendation :
Adopt the attached ordinance which will allow second units in
single family districts based on specific locational criteria
and development standards.. Staff recommends that the full
normal park and recreation fee be assessed and that energy
conservation measures be- required for the existing unit as a
retrofit.
ANALYSIS :
Planning Commission Actions on December 6 , 1983 :
ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR CODE AMENDMENT
N0. 83- 29 WAS APPROVED AS AMENDED AND RECOMMENDED TO THE CITY
COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE:
, AYES : Higgins , Livengood, Porter, Erskine , Schumacher,
Mirjahangir
NOES : None
ABSENT : Winchell
ABSTAIN: None
IP10 4/81
CA '83-29
January 5 , 1984
Page Two
ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS SECTION 5 .04 . 010 AND
5 . 16 . 260 WERE APPROVED AS WRITTEN, BY THE FOLLOWING STRAW VOTE:
AYES : Higgins , Livengood, Porter, Erskine , Schumacher,
Mirj ahangir
NOES : None
ABSENT: Winchell
ABSTAIN: None
Discussion:
Senate Bill 1534 .regarding second units in- single- family' and...multi-
family ` residential zones became effective-,on July 1 , 1983. Under
the provisions of -this new law the City can take one of the following
four actions :
1 . Adopt an ordinance permitting second units subject to locational
criteria and/or- development- standards dictated by the City.
2 .. Adopt an ordinance which totally. precludes second units with
findings that specific adverse-impacts- on public health, safety
and welfare would result from allowing such units .
3. Wait until an application for a second. unit . is received and pre-
pare and adopt an ordinance within '120 days .
4 . Adopt no ordinance . If no _ordinance .is .adopted the City will
have to allow second units if they meet the criteria spelled
out by the State in Senate Bill 1534 .
On May 17, 1982. the City Council appointed a Housing Committee
composed of Ruth Bailey (Chairwoman) and .Don MacAllister from City
Council , Tom Livengood. and Grace Winchell- from the Planning Com-
mission, and- Richard Harlow, representing the public. The Committee
met on a regular basis and, on May 2 , 1983, presented its recommen-
dations to the City Council .
One of these recommendations was that the Council direct staff to
prepare an ordinance implementing' Senate Bill 1534 to permit second
units on single= family lots subject to restrictions as outlined by
the Housing Committee and forward the ordinance to the Planning
Commission -for its recommendation.
The attached Planning Commission and Staff versions of Code Amend-
ment 83- 29 were prepared by staff -from the recommendations made by
the Housing Committee, and incorporate additional suggestions by
the Planning Commission and staff. The Planning Commission approved
Code Amendment 83-29 ;with provisions for payment of 25 0 of the usual
park and recreation fees for the second unit and with no requirements
for adding energy-conservation measures to the existing unit . The
Planning Commission voiced concern that the costs of adding a second
unit be kept to a minimum so that low and moderate income homeowners
CA 83- 29
January: S, 1984
Page Three
could take advantage of the program.
Staff recommends that the ordinance require the full park and
recreation fee for the second unit., -and that the existing unit
be required to install. attic insulation, weatherstripping, low
flow faucets and showerheads '.and- smoke detectors . The park and
recreation fee for a 650 square foot one bedroom unit would be
$1 , 096 . 00 or - $,817 . 00, for a bachelor. unit:. .. Staff ' believes -that it is necessary to require energy conservation measures for
both units- -because retrofitting -the. exi-sting -unit =
would bring long term benefits in energy conservation to both the
homeowner and the public . Smoke detectors -5hould also be required
for both units .
Also included in the ordinance as Section Bare changes to' Sections
5 . 04 . 010 and 5 . 16 . 260 of the Municipal Code which re-define an
"apartment_' house" as a building or portion thereof occupied by two
or more families'- except when one of the units is owner- occu ie�
Presently, apartment houses are defined. as being occupied by three
or more families .. This change is recommended in-. order to make sure
that if a second- unit is added, one of the two units will remain.:.
owner occupied, thereby preventing the residence from becoming an
absentee landlord duplex. Staff feels strongly that it is necessary
to retain owner occupancy to keep the neighborhood character from
changing. To accomplish this , a deed restriction requiring that
one unit be owner-. occupied was considered, but the attorney' s office
advised that such a deed restriction would be unconstitutional .
Therefore, a change in the Municipal Code definition of apartment
house is proposed. Since apartment houses are not a permitted use
in a single family district, anyone who rented both units would be
in violation of the code and the Land Use Division would be able to
enforce owner-occupancy through the courts :
Environmental Status :
This project is exempt from CEQA under Section 21080 (17) of the
Public Resources Code .
FUNDING SOURCE :
None needed.
ALTERNATIVE ACTIONS:
1 . Modify Code Amendment 83-29 as desired .
2 . Do not approve any code eamendment ,to allow second units . In
this case, if an application for a second unit is received,
the City would have to adopt an implementing ordinance within
120 days , or permit- the second unit under the provisions of
Section 65852 . 2 of the Government Code .
CA 83-29.
January S, 1984
Page Four
ATTACHMENTS:
, 1 . Ordinance No . A, as recommended by the Planning Commission.
2 . Ordinance No . A, as recommended by staff.
3. Ordinance No . B
JWP :JAF:sr
Publish 1r2;�2C83-_
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO. 83-29
(S SINGLE-FAMILY DISTRICTS)
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council
of the City of Huntington Beach; in the Council Chamber of the Civic Center,
Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as
possible on Mond _ the 16th day of January 1984 .
for the purpose of considering Code Amendment No. 83-29, initiated by the
Development Services Department. Said code amendment would amend the following:
01�q 1 NANG f.
(1 ) Section 9101 .3 of the Huntington BeachA0rd r Code. to set
forth standards for allowing second units in single family
districts.
(2) Section 5.04.010(b) of the Huntington Beach Municipal Code to
define an apartment house as a building where two or more families
reside, unless one unit is owner occupied.
A copy of said code amendment is on file in the Department of Development
Services.
All interested persons are invited to attend said hearing and express their
opinions for or against saidCode Amendment.
Further information may be .obtained from the Office of the City Clerk, 2000 Main
Street', Huntington Beach, California. 92648 - (714) 536-5227
DATED 12/30/83 CITY OF HUNTINGTON BEACH
By: Alicia M. Wentworth
City Clerk
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO . 83-29
NOTICE IS HEREBY GIVEN that a public hearing will be held
by the City Planning Commission of the City of Huntington Beach ,
California, for the purpose of considering Code Amendment NO. 83-29
which would amend: Section 9101 . 3 of the Huntington Beach Ordinance
A
Code to set forth standards for allowing second units in single family
distric� A copy of said code amendment is on file in the Department
of Development Servcies .
GSA r.o Y• of o -��
73 �
Said ear ' ng will be held at the hour of __7�-9�0_ P .M. , on
in the Council Chambers Building of the
Civic Center, 2000 Main Street, Huntington Beach, California.
All interested persons are invited to attend said hearing and
express their opinions for or against the proposed
Code Amendment No . 83-29
Further information may be obtained from the City Planning
Department.
Telephone No . (714) 536-5271
DATED this -- day of Oche e r'
CITY PLANNING COMMISSION
James W. Palin
By Secretary
1 •
NOTICE TO -CLERK TO SCHEDULE PUBLIC HEARING
ITEM � � �sL7�'1Z'�1
TO: CITY CLERK'S. OFFICE DATE: .
FROM: ,
PLEASE .SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE
DAY OF 191j/
AP's are attached
AP's will follow
L/No AP's
Initiated by:
Planning Commission
F i
Planning Department .
Petition
* Appeal
Other -,
Adoption of- Environmental Status (x) X,
YES NO
Refer to Planning Department - Extension dk _� a 7 O
for a ditional information.
* If appeal , please transmit exact wording; to he required in the legal .
C ''
ORDINANCE. NO.
ORDINANCE OF THE CITY OF HUNTINGTON BEACH
DING .THE HUNTINGTON BEACH ORDI ANCE CODE
B ING A NEW SUBSECTION 9101. 3 c) PERTAINING
TO ND UNITS IN SINGLE-FAMILY ESIDENCES
The City C nLil of the City of Huniington Beach,/ does rdain
as follows.
SECTION 1. The H'ntington Beach O inance Co e ,=i amended by
adding a new Section 0�1.3(c) to read s follow s -
9101. 3USES SUBJE 'TO A USE PER IT.
T.
(c) A second unit may be ded to an e stin s gle family
residence, subject to a use mit, of r n t ' ication of
surrounding property owners w in 30g, ee nd pursuant to the
following standards:
(1 ) Applicant must be an ow o c ant.
(.2 ) Minimum lot size shall be 00 squar
(3 ) In addition to the requir sing for the existing
residence, additional space sha F e,,q ro ed so. as to total four
(4 ) on-site parking spaces. pap s wh' are added may be
y"
uncovered, unenclosed, arr ed tande ith the existing
spaces. Parking s s may no.' be %' thin the ont yard setback,
except on th veway apron E on 'a` paved area tween the drive-
way and the nearest side prop rty/li e. No spac esignated for
on-site parking shall be us. ° for/ re reational veh ' e storage .
( 4 ) The second unit hall ./be a tacked to the maj' dwelling in
such a manner as to creat an 7rchit cturally unified hle._
(5 ) The second un '.% shad not e larger than 650 s e feet
nor shall. it exceed on ( 1 ) t edroom.
(6 ) The second it s all not?, be sold separately from e�
main dwelling..
( 7 ) A separa 6. entr nce for t e second unit shall not be
visible from the eet i front of the main dwelling .
( 8 ) The se o d uni shall not `cause any change in the visible
character of the rrou ding neighb rhood.
3
ADL:ps 1.
12/13/83
(9) The second unit shall comply with all other applicable
I-_ land use regulations of the Huntington Beach Ordinance Code which
are not superseded by this section.
(10 ) Park and recreation fees shall be assessed for the extra
unit in a ordance with the applicable Huntington Beach Ordinance
Code sectio .
( 11 ) The following safety, energy and water consery ion
measures shall be implemented for the existing unit:
a. sulate accessible attic areas to R 9.
b. Wea herstrip doors and windows.
C . Insta 1 low flow showerheads a d faucets certified
by the California Ene y Commission.
d. Install a roved smoke det ctors.
(12 ) No separate utili y meters sh 11 be permitted for the
second unit.
SECTION 2. This ordinance ha take effect thirty days after
its adoption .
PASSED AND ADOPTED by the Ci y ouncil of the City of
Huntington Beach at a regular m ting thereof held on the
day of 1983.
Ma or
ATTEST: APPROVED AS TO ORM:
City Clerk City ttorney
REVIEWED AND APPROVE INITIATED AND APPROVED:
City Administ ator Director of evelopment
i Services
2.
Huntington Beach
Fountain Valley
Board of REALTORS, Inc.
R E A LTO R 8101 Slater Avenue • Huntington Beach, CA 92647 • (714) 847-6093
January 13, 1984
Mayor Jack Kelly and
Member.s. .ofj the City Council
City of Huntington Beach
P. 0. Box 190
Huntington Beach, CA 92648
Dear Mayor Kelly:
RE: Proposed Code Amendment 83-29, Residential Second. Units (Agenda #D2-b)
As president of the Huntington Beach/Fountain Valley Board of REALTORS, I would
like to express our support for the adoption of the Proposed Code Amendment as
recommended by the Planning Commission.
We have serious concerns about the staff recommendation, as follows:
(1) WE OPPOSE ITEM 10, which places an unreasonable fee for parks and recreation
on the second unit. We feel that the addition of a second unit, under the
provisions outlined in the proposed code amendment,: should be treated the
same as a room addition for a single family dwelling. The size of the unit
itself will restrict the number of persons occupying the unit, and will not
place a burden on the parks and recreation facilities.
WE SUPPORT THE PLANNING COMMISSION RECOMMENDATION THAT THIS FEE BE REDUCED
BY 75%.
(2) WE OPPOSE ITEM 11, which requires energy retrofit for the existing unit, if
the owners wish to add a second unit. The addition of a second unit does not
in any way impact the energy usage of the existing. residence. We do not object
to a provision which requires the second unit, as new construction, to meet new
energy/safety standards, however, it is not fair to impose NEW energy or safety
standards on the existing residence,
WE SUPPORT THE PLANNING COMMISSION RECOMMENDATION WHICH DELETED THIS REQUIREMENT
FOR THE EXISTING RESIDENCE.
-more-
OFFICERS
KENT PIERCE, President• ROBERT NOBLE, First Vice President
JAMES EWING,Second Vice President/MLS Chairman • R. L. "KIRK" KIRKLAND, Secretary/Treasurer
DIRECTORS
NANCY RHYME• ELAINE STEPHENS • STAN SABIN • CHARLENE ROSSIGNOL• DAN HOPPY
WILL WOODS, Executive Vice President r JUDITH SEVERY,Vice President/Public Affairs
City Council
Huntington Beach
Residential Second Units
Page 2
In addition, it is apparent tha the lot size, parking requirements and other
restrictions included in the Propose Code Amendment as recommended by the Planning
Commission preclude the "use of residential second units in the downtown area of
Huntington Beach.
The Board of REALTORSO, therefore, would like to recommend that a separate code
amendment process be initiated to develop an appropriate mechanism to permit
the construction of second units in that area.
We appreciate the opportunity to address the City Council on this important
issue.
Sincerely,
en M. Pierce
President
KMP/j s