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SB 9 ORDINANCE ALTERNATIVES
A. Appeal Process for DUOs and ADUs
STAFF RECOMMENDATION: Only the applicant can appeal to Planning Commission.
REVISIONS TO 19.82.030 AS RECOMMENDED BY STAFF:
19.82.030. Permits and decisions.
(a) Review without Public Notice or Hearing by Director. Except for those applications listed in subsections (b) and (c), the director of community development, without notice or hearing, may:
(1) – (2) [Text unchanged]
(b) Ministerial Reviews. For miscellaneous plan permit applications listed in this section, the director of community development, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. The director’s decision may be appealed to planning commission only by the applicant or the owner of the subject property. (1) Accessory dwelling units shall be reviewed for compliance with the standards set forth in chapter 19.79, within the time frames set forth in that chapter. (2) Dual opportunity dwelling units shall be reviewed for compliance with the standards set forth in chapter 19.78.
(b) – (e) [Renumbered, text unchanged]
ALTERNATIVE: Allow any aggrieved person to appeal to Planning Commission.
ALTERNATIVE REVISIONS TO 19.82.030:
(a) Review without Public Notice or Hearing by Director. Except for those applications listed in subsections (b) and (c), the director of community development, without notice or hearing, may:
(1) – (2) [Text unchanged]
(b) Ministerial Reviews. For miscellaneous plan permit applications listed in this section, the director of community development, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. Any person aggrieved by the Attachment 7
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director’s decision may appeal to planning commission, which shall review the application ministerially for compliance with the applicable standards. (1) Accessory dwelling units shall be reviewed for compliance with the standards set forth in chapter 19.79, within the time frames set forth in that chapter. (2) Dual opportunity dwelling units shall be reviewed for compliance with the standards set forth in chapter 19.78.
(b) – (e) [Renumbered, text unchanged]
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B. Maximum Floor Area Ratio for DUO Developments
STAFF RECOMMENDATION: Allow up to 50% FAR or 4,000 s.f. under certain circumstances.
RECOMMENDED SECTION 19.78.040(i)
(i) Maximum Floor Area.
(1) The maximum allowed floor area ratio for a lot developed under these regulations is forty-five (45) percent or 3,600 square feet, whichever is less.
(2) If at least three of the following findings are met, the maximum allowed floor area ratio for a lot developed under these regulations may be increased to fifty (50) percent or 4,000 square feet, whichever is less. (A) The site is adjacent to a parcel zoned for a higher density residential land use or is zoned for mixed-use, commercial, or industrial development.
(B) The project proposes setbacks that are equivalent, or exceed, all of the following:
(i) The second story side setback of any structure must be a minimum of seven feet.
(ii) The first story rear setback of any structure must be a minimum of ten feet.
(C) No second story structures are proposed within twenty feet of the rear property line.
(D) The lot is adjacent to a development that exceeds forty-five percent floor area ratio.
(E) The DUO units are attached.
(F) The project proposes parking that meets, or exceeds, the minimum requirements in chapter 19.46.
ALTERNATIVE: Keep the maximum FAR at 45% or 3,600 s.f.
ALTERNATIVE SECTION 19.78.040(i)
(i) Maximum Floor Area. The maximum allowed floor area ratio for a lot developed under these regulations is forty-five (45) percent or 3,600 square feet, whichever is less.
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C. Planning Commission Threshold for Design Review (Non-DUOs) STAFF RECOMMENDATION: Do not change the 45% FAR threshold for Planning Commission review of non-DUO projects in R-0 and R-1 (Table 19.32.020) RECOMMENDED REVISIONS TO 19.32.020(a)(2):
(2) R-0, R-1, and R-2. In the R-0, R-1, and R-2 zoning districts, dwellings that exceed the maximum floor area ratio or gross floor area must be considered by the planning commission at a public hearing as described in Section 19.80.040 (Procedures and decisions). This requirement does not apply to dual urban opportunity dwelling units that are approved pursuant to chapter 19.78.
ALTERNATIVE: remove the 45% FAR threshold for Planning Commission review by deleting Section 19.32.020(a)(2) of Chapter 19.32 (Building Heights, Lot Coverages, and Floor Area Ratios) and modifying Section 19.80.040 of Chapter 19.80 (Design Review).
19.32.020. Building height, lot coverage and floor area ratio. (a) Maximums. Maximum building height, lot coverage, and floor area ratio are shown in Table 19.32.020 (Building Height, Lot Coverage and Floor Area Ratio), with the following exceptions:
(1) [Text unchanged]
(2) R-0, R-1, and R-2. In the R-0, R-1, and R-2 zoning districts, dwellings that exceed the maximum floor area ratio or gross floor area must be considered by the planning commission at a public hearing as described in Section 19.80.040 (Procedures and decisions).
(3) – (7) [Renumbered, text unchanged]
(b) [Text unchanged]
19.80.040. Procedures and decisions.
(a) Design Review without Public Notice or Hearing by Director. For design review applications listed in this subsection, the director of community development may, without public notice or hearing, approve the application as requested or as changed, modified or conditioned by the director or deny the design review application based on Section 19.80.050 (Finding). The following design review applications shall require design review without public notice or hearing:
(1) New single-story single-family or duplex residence in the R-0, R-1 or R-2 zoning district which does not exceed either the FAR or gross floor area threshold established in Section 19.32.020;
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(2) Single-story exterior modification or addition to a single-family or duplex residence in the R-0, R-1 or R-2 zoning district which does not exceed either the FAR or gross floor area threshold established in Section 19.32.020; and (3) [Text unchanged]
(b) Design Review with Public Notice and No Hearing by Director. For design review applications listed in this subsection, the director of community development may, after providing public notice as described in Chapter 19.98 (General Procedures) and a fourteen-day public comment period, approve the application as requested or as changed, modified or conditioned by the director, or deny the design review application based on Section 19.80.050 (Finding). On-site postings for single-family or duplex projects shall include a streetscape elevation showing the proposed home and one adjacent home on each side. The following design review applications shall require design review with public notice and no hearing:
(1) New two-story single-family or duplex residence in the R-0, R-1 or R-2 zoning district which does not exceed either the FAR or gross floor area threshold established in Section 19.32.020;
(2) Second-story exterior modification or second-story addition to a single-family or duplex residence in the R-0, R-1 or R-2 zoning district which does not exceed either the FAR or gross floor area threshold established in Section 19.32.020; (3)–(5) [Text unchanged]
(c) [Text unchanged]
(d) Design Review with Public Hearing by Planning Commission. For design review applications listed in this subsection, the planning commission may, after holding a public hearing, approve the application as requested or as changed, modified or conditioned by the commission, or deny the design review application based on Section
19.80.050 (Finding). On-site postings for single-family or duplex projects shall include a streetscape elevation showing the proposed home and one adjacent home on each side.
The following design review applications shall require design review at a public hearing by the planning commission:
(1) New single-family or duplex residence in the R-0, R-1 or R-2 zoning district which exceeds either the FAR or gross floor area threshold established in Section
19.32.020;
(2) Addition to a single-family or duplex residence in the R-0, R-1 or R-2 zoning districts which exceeds the FAR or gross floor area threshold established in Section 19.32.020;
(3) – (4) [Text unchanged]
(e) [Text unchanged]
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D. DUOs in the R-2 Zoning District
STAFF RECOMMENDATION: Allow DUOs in the R-2 zoning district.
RECOMMENDED SECTION 18.26.030(b)
(b) The parcel to be subdivided is located in R-0, R-1, R-1.5, R-1.7/PD, or R-2 zoning districts, or residential DSP zoning districts.
RECOMMENDED SECTION 19.78.020(a)
(a) The lot is located in R-0, R-1, R-1.5, R-1.7/PD, or R-2 zoning districts, or residential DSP zoning districts.
ALTERNATIVE: Do not allow DUOs in the R-2 zoning district.
ALTERNATIVE SECTION 18.26.030(b)
(b) The parcel to be subdivided is located in R-0, R-1, R-1.5, or R-1.7/PD zoning districts, or residential DSP zoning districts.
ALTERNATIVE SECTION 19.78.020(a)
(a) The lot is located in R-0, R-1, R-1.5, or R-1.7/PD, or residential DSP zoning districts.
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E. Parking Requirements for DUO Dwelling Units
STAFF RECOMMENDATION: Require off-street parking for DUO dwelling units where allowed by state law.
RECOMMENDED SECTION 19.78.040(o)
(o) Parking.
(1) One off-street parking space is required for each DUO dwelling unit unless exempt as provided in this section.
(2) If off-street parking is required or proposed, all parking spaces (covered and uncovered) must meet the minimum requirements of section
19.46.050.
(3) Exemption. Off-street parking spaces are not required if the parcel is either:
(A) Less than one-half mile walking distance from either a high-quality transit corridor as defined in Public Resources Code 21155(b) or a major transit stop as defined in Public Resources Code 21064.3; or (B) Less than one block from a car share vehicle.
ALTERNATIVE: Waive parking requirements for all DUO dwelling units.
ALTERNATIVE SECTION 19.78.040(o)
(o) Parking. Off-street parking spaces are not required. If off-street parking is proposed, all parking spaces (covered and uncovered) must meet the minimum requirements of section 19.46.050.
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F. Owner-Occupancy Restrictions
STAFF RECOMMENDATION: Do not require applicants to record a deed restriction requiring one of the units be owner-occupied.
RECOMMENDED SECTION 19.78.060(a):
(a) Prior to issuance of a building permit, the applicant shall provide evidence that the owner has recorded a covenant on the title of the lot which provides that the dwelling units on the lot shall not be used as short-term rentals.
ALTERNATIVE: Require owner-occupancy deed restriction.
ALTERNATIVE SECTION 19.78.060(a):
(a) Prior to issuance of a building permit, the applicant shall provide evidence that the owner has recorded a covenant on the title of the lot which provides that the dwelling units on the lot shall not be used as short-term rentals and that one of the dwellings shall be owner-occupied.
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G. Gross Floor Area Exception for ADUs
STAFF RECOMMENDATION: exclude the first 800 s.f. of an ADU from the calculation of “gross floor area” for single-family and two-family residential uses.
RECOMMENDED SECTION 19.12.080(12):
(a) Single-Family and Two-Family Residential Uses, including lots developed with dual urban opportunity housing pursuant chapter 19.78 . The sum of the areas computed from the outside dimensions of a building f o r e a c h f l o o r, including garages, covered patios, supporting columns, and unsupported wall projections, and excluding (except for:eaves, uncovered balconies, uncovered porches, covered porches on the ground floor, uncovered stairways, fire escapes, landing places, fireplaces, and similar architectural features.) for each floor The first 800 square feet of an accessory dwelling unit is excluded from the calculation of gross floor area . Garages are included in floor area calculations.
Basement area may be exempt is excluded from the calculation as long asit the basement is located no higher than two feet above grade. Except for those areas specifically exempted above, any area with an interior ceiling height exceeding fifteen feet shall be counted twice for the purpose of calculating gross floor area.
ALTERNATIVE: Do not exclude the first 800 s.f. of an ADU from the calculation of “gross floor area” for single-family and two-family residential uses; make the other proposed changes to this section.
(a) Single-Family and Two-Family Residential Uses, including lots developed with dual urban opportunity housing pursuant chapter 19.78 . The sum of the areas computed from the outside dimensions of a building f o r e a c h f l o o r, including garages, covered patios, supporting columns, and unsupported wall projections, and excluding (except for:eaves, uncovered balconies, uncovered porches, covered porches on the ground floor, uncovered stairways, fire escapes, landing places, fireplaces, and similar architectural features.) for each floor. Garages are included in floor area calculations. Basement area may be exempt is excluded from the calculation as long as it the basement is located no higher than two feet above grade. Except for those areas specifically exempted above, any area with an interior ceiling height exceeding fifteen feet shall be counted twice for the purpose of calculating gross floor area.
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