Title
An Interim Ordinance Broadening the Range of Housing Types Permitted within the Single-Unit and Duplex Dwelling Zones (Missing Middle Housing Interim Ordinance) [Noticed on 07/26/2024]
End
FileID
File ID: 2024-01402
End
Location
Location: Citywide
End
Recommendation
Recommendation: Conduct a public hearing and upon conclusion pass a motion forwarding to the City Council a recommendation to approve: 1) a Resolution concluding the project is a subsequent project within the scope of the Master Environmental Impact Report (EIR) for the 2040 General Plan, the project will not have any additional project-specific significant environmental effects not previously examined in the Master EIR, and no new mitigation measures or alternatives are required (California Public Resources Code §21157.1; CEQA Guidelines §15177); and 2) an Interim Ordinance broadening the range of housing types permitted by right within the single-unit and duplex dwelling residential (R-1, R-1A, R-1B, and R-2) zones under the Planning and Development Code (Title 17 of the Sacramento City Code).
End
Contact
Contact: Nguyen Nguyen, Associate Planner, (916) 808-1964, NNNguyen@cityofsacramento.org; Matt Hertel, AICP, Assistant Director, (916) 808-7158, MHertel@cityofsacramento.org; Community Development Department
End
Presenter
Presenter: Nguyen Nguyen, Associate Planner, (916) 808-1964, NNNguyen@cityofsacramento.org, Community Development Department
End
Attachments
Attachments:
1-Description/Analysis
2-Background
3-Summary of Missing Middle Housing (MMH) Interim Ordinance
4-Resolution for Environmental Review
5-Missing Middle Housing Interim Ordinance
6-Public Comments Received
End
Description/Analysis
IssueDetail
Issue Detail: On February 27, 2024, the City Council adopted the 2040 General Plan, which includes Policy LUP-6.3 Variety of Housing Types, Implementing Action LUP-A.10 Planning and Development Code Update, and Figure LUP-5 Sliding Floor Area Ratio (FAR) Scale, all of which direct staff to update the Planning & Development Code (Title 17 of the Sacramento City Code) to permit neighborhood-scale multi-unit residential development in the single-unit and duplex dwelling zones (R-1, R-1A, R-1B, and R-2). Please see the ‘Policy Considerations’ section for more details on Policy LUP-6.3 and Implementing Action LUP-A.10.
Under the 2040 General Plan, floor area ratio (FAR) has replaced maximum density limits as the standard used to regulate development intensity (General Plan Map LUP-6, see Attachment 3). Additionally, the Sliding FAR Scale (General Plan Figure LUP-5, see Attachment 3) now allows neighborhood-scale multi-unit dwellings in the single-unit and duplex dwelling zones (R-1, R-1A, R-1B, and R-2). Within these zones, the Sliding FAR Scale limits a single-unit dwelling to a maximum FAR of 0.4, or 2,000 square feet of net building area, whichever is greater; and increments of additional building area are granted proportionally to the number of units proposed on a given parcel. This approach essentially utilizes FAR to regulate building size and development intensity, while also incentivizing the production of smaller, more attainable housing units.
A longer-term effort to comprehensively update Title 17 to bring it into full consistency with the 2040 General Plan is also underway as directed by the 2040 General Plan Implementing Action LUP-A.10 Planning and Development Code Update. It is anticipated that the comprehensive update to Title 17 will be completed by the end of 2025. As an intermediate step, the Missing Middle Housing (MMH) interim ordinance will broaden the range of housing types allowed by right under Title 17 by removing density limits and allowing neighborhood-scale multi-unit dwellings in the R-1, R-1A, R-1B, and R-2 zones. The interim ordinance will be uncodified and will operate with Title 17 to provide the substantive and procedural requirements for the development of neighborhood-scale multi-unit residential, or commonly referred to as missing middle housing. The interim ordinance is included as Attachment 5.
At the Planning & Design Commission meeting on May 9, 2024, staff shared the MMH Study’s final recommendations and presented a draft ordinance framework outlining the various standards and requirements that addressed each of the corresponding key recommendations including tree preservation, open space, attainability and the neighborhood scale. The interim ordinance establishes new development and design standards that regulate the building form and scale rather than the number of units in the building using objective standards related to bulk control, FAR, height, lot dimensions, and setbacks. Also included are requirements for on-site open space, planting of one or more street-shading trees, and zoning incentives to encourage the preservation of existing mature trees as well as the planting of larger trees that will provide shading for the sidewalk and street. It also establishes a reduced minimum lot size of 1,200 square feet to promote entry-level ownership opportunities.
Based on community input and further analysis conducted by staff, several revisions were made to the framework, most of which focus specifically on sites within a half-mile walking distance of high-frequency transit where the 2040 General Plan allows for increased development intensity (maximum FAR of 2). Modifications were made to the development standards on sites designated with a maximum FAR of 2 or greater by the General Plan including:
• reduced open space;
• reduced street side-, rear-, and front-yard setback requirements; and
• an increase in allowed length of dormers on the third story that extend outside of the required bulk control envelope.
Additionally, the maximum lot coverage standard has been replaced by revised setback and open space requirements, which will work together to ensure that adequate open space is provided on-site. A summary of the interim ordinance that highlights these revisions is included as Attachment 3.
Please refer to Attachment 2 - Background, for a detailed discussion of the extensive community engagement and technical analysis that was completed as part of the MMH Study. General information and past documents can be found on the project website: https://www.cityofsacramento.gov/community-development/planning/housing/missing-middle-housing.
Next Steps
Staff anticipates the adoption of the interim ordinance by City Council on September 17, 2024. Thirty days after City Council adoption, the ordinance will become effective, and the City will begin accepting planning applications for neighborhood-scale multi-unit development. Please refer to the proposed schedule below for upcoming public meetings on the ordinance:
|
Law & Legislation: Recommendation to City Council for approval of Interim Ordinance |
August 20, 2024 |
|
City Council: Public Hearing and Adoption of the Interim Ordinance |
September 17, 2024 |
|
Proposed Effective Date of Interim Ordinance |
October 17, 2024 |
Following adoption of the interim ordinance, staff will evaluate the implementation of potential longer-term strategies identified in the MMH Study, including:
• Adopting a local bonus program to incentivize deed-restricted MMH units;
• Updating driveway requirements to reduce the required driveway width for smaller MMH types;
• Adopting a local ordinance to implement AB 1033 which enables jurisdictions to allow the sale of ADUs separately from primary residences, much like a condominium;
• Reviewing and updating the City’s Condominium Conversion Ordinance as directed by 2021-2029 Housing Element Program H35; and
• Expanding the City’s Impact Fee Deferral Program to include projects with 3 or 4 units.
End
PolicyConsiderations
Policy Considerations: The 2040 General Plan was adopted on February 27, 2024, and became effective on March 28, 2024. The 2040 General Plan policy and implementing actions directing this interim ordinance are:
Policy LUP-6.3 Variety of Housing Types. The City shall promote the development of a greater variety of housing types and sizes in all existing and new growth communities to meet the needs of future demographics and changing household sizes, including the following: single-unit homes on small lots, accessory dwelling units, tiny homes alley-facing units, townhomes, lofts, live-work spaces, duplexes, triplexes, fourplexes, cottage/bungalow courts, neighborhood-scale multi-unit buildings*, and senior and student housing.
(*Note: The 2040 General Plan defines this term to mean a neighborhood-scale residential building type, usually found in the single-unit and duplex dwelling zones, that contain more than one dwelling unit and are similar in scale and form to single-unit dwellings, such as duplexes, triplexes, fourplexes, and cottage/ bungalow courts.)
Implementing Action LUP-A.10 Planning and Development Code Update. The City shall update the Planning and Development Code to implement the 2040 General Plan, including amendments to (the full text contains 10 different amendments, only the most relevant are shown below):
• Remove maximum residential density standards from single-unit, duplex dwelling, multiunit, commercial, and industrial zones and replace them with floor area ratio-based intensity standards and minimum residential density standards.
• Broaden the range of housing types allowed by-right within single-unit and duplex dwelling residential zones.
• Update development standards for missing middle housing types, such as accessory dwelling units, duplexes, triplexes, fourplexes, and bungalow courts.
End
EconomicImpacts
Economic Impacts: Allowing a greater array of housing types in existing single-family
neighborhoods will increase lower-cost housing options and reduce regulatory barriers to the overall production of housing. It can also support neighborhood development by enabling incremental housing development at the ‘missing middle’ or neighborhood scale that can be taken on by local homeowners and entrepreneurs, which can empower local homeowners and builders to reinvest in our communities and provide much-needed housing. It also provides economic opportunities for homeowners in the city to house inter-generational households or earn passive retirement income. By promoting the creation of a greater variety of housing types, MMH can foster a more diverse and dynamic community with benefits for both residents and local businesses.
End
EnvironmentalConsiderations
Environmental Considerations: The city has prepared an Initial Study for the MMH interim ordinance (project) in compliance with the California Environmental Quality Act (CEQA), and has concluded that the project would not result in any additional significant environmental effects not previously analyzed in the Master Environmental Impact Report (EIR) for the 2040 General Plan, certified by the City on February 27, 2024. Pursuant to Public Resources Code section 21157.1 and CEQA Guidelines section 15177, the City has determined that the project is a subsequent project within the scope of the 2040 Master EIR and no additional environmental review or mitigation measures or alternatives are required. The City is providing notice of the Initial Study for a 30-day public-review period, as required by CEQA Guidelines section 15087, from August 2, 2024 to September 3, 2024. The Initial Study is available on the City of Sacramento’s website: https://www.cityofsacramento.gov/community-development/planning/environmental/impact-reports.
End
Sustainability
Sustainability: A sustainable community should include a variety of housing options for all current and future households. Increasing housing production and attainability will assist in creating a sustainable Sacramento and provide a platform for sustainable economic growth. Additionally, by being smaller in design and requiring less energy to heat and cool, MMH is typically more energy efficient than their larger single-family counterparts. MMH has the potential to reduce further sprawling development patterns, reduce dependence on the use of private automobiles and support low-carbon modes of transport, while also possessing the unique ability to blend into the fabric of existing neighborhoods.
End
EquityConsiderations
Equity Considerations: Historical research reveals that the creation of single-family zoning in the early 1900s was largely motivated by a desire to keep affluent residential neighborhoods at the time racially segregated (https://escholarship.org/content/qt26b8d8zh/qt26b8d8zh.pdf?t=poq62p&v=lg). Past discriminatory practices of racially restrictive covenants and government-sponsored redlining have created barriers to homeownership and intergenerational wealth-building for many families of color, and subsequent single-family zoning in high opportunity neighborhoods continues to reinforce the racial wealth gap and socioeconomic disparity we see today in our communities. The prohibition of MMH (e.g. duplexes, triplexes, fourplexes, six-plexes, etc.) excludes moderate-income families from moving to neighborhoods with the best parks, schools, and other desirable amenities. Allowing MMH in Sacramento’s neighborhoods can address and help reduce racial and socio-economic disparities currently reinforced by single-family zoning.
Additionally, implementing MMH has the potential to increase housing affordability by creating a broader range of attainable options for residents, such as senior, student, and generational housing. There has been a downward trend in average household size and an increasing number of elderly residents on a fixed income who need affordable age-friendly housing options as they retire and downsize. MMH will allow the market to respond to this growing need. Increasing the availability and attainability of housing will improve the ability for all residents to better their economic situations, reduce poverty and homelessness, and promote social integration.
End
RationaleforRecommendation
Rationale for Recommendation: Staff recommends the Planning & Design Commission pass a motion forwarding to the City Council a recommendation approve the Initial Study and interim ordinance. City Council has adopted the 2040 General Plan, which directs staff to update the Planning and Development Code to permit neighborhood-scale multi-unit residential development in the single-unit and duplex dwelling zones.
The City continues to look at ways of reducing regulatory barriers and costs for building more housing, while pursuing new sources of local, state and federal affordable housing funding. These combined efforts will increase the availability of housing for more residents at various income levels.
End
FinancialConsiderations
Financial Considerations: Not applicable.
End
LocalBusinessEnterprise(LBE)
Local Business Enterprise (LBE): Not applicable.
End