City Council Mtg: 8/13/9696 Santa Monica, CA
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Prepare a Local Ordinance Relating to
Second Dwelling Units in the R1 Single Family District
INTRODUCTION
Santa Monica's Zoning Ordinance currently prohibits second units
(commonly known as "granny units") in the R1 single family zoning
district. Nevertheless, the State of California mandates that
cities take specific action related to second dwelling units in
single family zones once a conditional use permit application has
been filed for such a unit. Such an application has been filed.
This staff report outlines the options available to the Council
and recommends that the Council direct staff to prepare a local
ordinance regulating second units.
BACKGROUND
On June 18, 1996 the City Planning Division received a
Conditional Use Permit application (see Exhibit 1) for a second
unit on a property at 1518 Hill Street. This application was
filed pursuant to the provisions of State law. In consultation
with the City Attorney's office, staff determined that the City
was obligated to accept and process this application. This is
the first such application which has been made in the City of
Santa Monica. State law provides a city with the option of
either prohibiting second units entirely based upon written
findings regarding specific adverse public health, safety and
welfare impacts, or allowing for such units subject to locally
developed standards including the issuance of a conditional use
permit. As more fully discussed below, although the issue was
debated in the context of adoption of the 1988 Zoning Ordinance
prohibiting second units in the R1 District, the City Council did
not adopt the State required specified findings.
If a city does not either adopt appropriate findings or provide
for such units in the R1, State law provides that when a city
receives its first application for a conditional use permit for a
second unit, the city must accept the application and take one of
the following actions within 120 days of receipt of the
application:
1. Approve or disapprove the application according to
standards set forth in the State law;
2. Adopt an ordinance providing for such units according to
locally developed standards; or
3. Adopt an ordinance precluding such units containing
findings regarding specific adverse impacts.
The June 18, 1996 application is the first received by the City
pursuant to this statute. The following describes the three
options available to the Council in more detail. If as
recommended, the Council elects to adopt a local ordinance, one
must be adopted by October 16, 1996.
State Regulations
If the City chooses not to enact local regulations and does not
adopt specific findings to prohibit second unit applications,
such applications would be processed under the State criteria
which are as follows:
The unit is not intended for sale and may be rented.
The lot is zoned for single-family or multifamily use.
The lot contains a single-family dwelling.
The second unit is either attached to the existing dwelling and
located within the living area of the existing dwelling or
detached from the existing dwelling and located on the same lot
as the existing dwelling.
The increased floor area of an attached second unit shall not
exceed 30 percent of the existing living area.
The total floor area for a detached second unit shall not exceed
1,200 square feet.
Compliance with requirements relating to height, setback, lot
coverage, architectural review, site plan review, fees, charges,
and other zoning requirements generally applicable...in the zone
in which the property is located.
Local building code and health code requirements are observed.
Parking requirements cannot exceed at least one parking space per
bedroom for the second unit.
A Conditional Use Permit application which met these standards
would comply with State law and approval would be mandated. In
the case of the pending CUP application, the City has 120 days
from the date the application was filed (June 18, 1996) to either
act on the application accordingly or adopt a local ordinance
regulating second units. Thus, the City must act on this matter
by October 16, 1996.
Local Regulations
State law allows local jurisdictions to establish specific
development standards and review procedures for the approval of
second units. The standards could correspond to the State
standards with the following additions:
Designating areas where second units may be permitted. The
grounds for prohibiting such units in certain areas would have to
be related to specific criteria such as adequacy of water and
sewage service.
Imposing parking requirements (but not more than one space per
bedroom which may be provided in a tandem format).
Imposing specific height, setback, lot coverage, architecture
review, and maximum size limitations less than those in State law
for the proposed units.
Establishing a discretionary process such as a Use Permit or
Conditional Use Permit to allow such units, and associated permit
fees.
Findings for Prohibition of Second Units
Under State law
no local agency shall adopt an ordinance which totally precludes
second units within single-family or multifamily zoned areas
unless the ordinance contains findings acknowledging that the
ordinance may limit housing opportunities of the region and
further contains findings that specific adverse impacts on the
public health, safety, and welfare that would result from
allowing second units within single-family and multifamily zoned
areas justify adopting the ordinance.
It would be difficult to develop findings about the traffic,
noise infrastructure, or public safety and welfare impacts of
second units. Santa Monica's infrastructure is generally
adequate to support development of additional units, particularly
in the single family areas. In addition, the single family areas
of the City generally have the lowest traffic volumes of any area
in the City, and the additional impacts that a modest rate of
second unit development would create could be absorbed without
significant effects. Staff does not believe specific findings
contemplated by State law can be made related to the impacts from
second units.
Analysis
The prohibition of second units was established in 1988 when the
Council approved a new Zoning Ordinance. This provision stemmed
from strong concerns about potential impacts of second units
expressed to both the Planning Commission and the City Council by
single family neighborhood residents. However, the Zoning
Ordinance prohibition of R1 second units does not meet the
requirements of State law. Therefore, it is appropriate to
affirmatively set policy in this area by taking one of the
following steps:
o Allow second units to be processed under the provisions
of State law. This approach would forego the opportunity of
creating standards and procedures which might better address
local conditions and policies.
o Direct staff to develop an ordinance creating local
standards allowing second units in the R1 zone. Standards could
be developed which mitigate, to the maximum extent feasible
within the context of State law, potential impacts of these units
on the R1 neighborhoods. In addition, such units could be
treated as an allowed use, or considered through a Use Permit or
Conditional Use Permit process. If this option were selected by
the Council, staff would develop appropriate standards and return
to the Council for adoption of an urgency ordinance in order to
comply with the time requirements under State law.
o Direct staff to prepare an ordinance making findings
consistent with State law prohibiting second units in the R1
zone. Council should identify the specific adverse impacts which
would occur if second unit development was allowed so that they
may be evaluated and incorporated in the required findings if
appropriate.
Process
In considering this issue, there should be full opportunity for
public comment. Following Council direction, staff will prepare
the appropriate material as directed by Council, and schedule
Planning Commission review in early September and return to
Council on September 24, 1996 for final action.
BUDGET/FINANCIAL IMPACT
The recommendation of this report would have no budget/financial
impact.
RECOMMENDATION
It is recommended that the Council direct staff to prepare a
local ordinance consistent with State law creating local
standards regulating second units and return to Council with an
urgency ordinance on September 24, 1996.
Exhibits (available in the City of Santa Monica City Clerk's
Office)
1. Conditional Use Permit Application 96-015
2. State Second Unit Law
3. State Housing and Community Development Department Second
Unit Publication