TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Jeff Gibson, Interim Community Development Director
Laurie B. Jester, Planning Manager
Angelica Ochoa, Associate Planner
SUBJECT:Title
Consider Adopting an Urgency Ordinance No. 19-0021-U and Urgency Ordinance No. 19-0022-U for Amendments to the Municipal Code and Local Coastal Program (LCP), Regulating Accessory Dwelling Units (ADU’s) and Junior Accessory Dwelling Units (JADUs) Consistent with New State Requirements (Interim Community Development Director Gibson).
ADOPT URGENCY ORDINANCE NOS. 19-0021-U AND 19-0022-U AMENDING THE MUNICIPAL CODE AND THE CITY’S LOCAL COASTAL PROGRAM REGARDING ACCESSORY DWELLING UNITS
Line
_________________________________________________________
RECOMMENDATION:
Staff recommends that the City Council adopt Urgency Ordinance No. 19-0021-U and Urgency Ordinance No. 19-0022-U for amendments to the Municipal Code and LCP, regulating Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) consistent with new State requirements.
Body
FISCAL IMPLICATIONS:
There is no fiscal implication associated with the adoption of the attached Interim Ordinances. However, development of the permanent Zoning Code Amendments for ADUs, and JADUs Regulations will require additional staff time.
BACKGROUND:
New State Regulations regarding accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), Assembly Bill (AB) 881, AB 68, AB 587, AB 670 and Senate Bill (SB) 13 will be effective January 1, 2020. These new regulations will require local jurisdictions to further allow and remove restrictions regarding construction of ADUs and JADUs. Specifically, development standards, use restrictions and fees will affect ADUs and JADUs and will require amendments to the City’s current ADU regulations to meet State regulations.
In 2017 and 2018, the City Council adopted regulations to allow ADUs in response to new State law regulations at that time. ADU standards regarding location, square footage, setbacks, parking requirements, building height, owner occupant terms and other regulations were established in Chapter 10.74 of the Municipal Code.
DISCUSSION:
Accessory Dwelling Units
Below is a brief summary of existing ADU regulations, and a description of amendments in the proposed ADU Urgency Ordinances, which implement the new State law regulations.
Existing ADU Regulations
ADUs are permitted on single-family residential lots in Area Districts I and II, subject to the certain standards and requirements. The state legislature has adopted new regulations, designed to encourage more housing. Thus, many of the existing regulations will not apply, effective January 1, 2020.
New ADU Regulations
State law requirements will reduce the City’s authority to regulate ADU locations, ADUs on multifamily lots, multiple ADUs, size, setbacks, parking, use, and fees. With certain exceptions, ADUs will be limited to Area Districts I and II on lots with single family residences zoned RS, RM, RH, or RPD. No owner occupancy is required. As required by state law, the proposed ordinances will allow, as a matter of right, certain ADUs in area Districts III and IV (beach area). However, the City may continue to prohibit ADUs in area Districts III and IV for fire safety reasons.
To comply with new State law requirements, the proposed Ordinance would establish the following standards for ADUs:
• Square footage -
All ADUs
Maximum square footage is 850 square feet for studio and one-bedroom units. Two bedroom ADUs shall not exceed 1,000 square feet of gross floor area.
Attached ADUs
The ADU shall not exceed fifty percent (50%) of the gross floor area for the primary dwelling, but in no case shall the ADU be less than 220 square feet, nor more than 1,000 square feet in floor area.
• Setbacks - ADUs must be 4 feet from rear and side lot lines. If ADU is converted from existing legal space, no additional setbacks are required.
• Height - Detached ADUs shall not exceed shall not exceed 16 feet in height; or, when located above a garage, shall not exceed 25 feet in height subject to certain limitations.
• Parking - One off-street parking space is required for a detached ADU, unless certain exceptions are met (most, if not all, will meet exceptions), in addition to the required parking for the primary residence. No replacement parking for an existing residence would be required when an ADU is converted from a garage, carport or covered parking structure, displaces that parking, as long as the ADU remains.
• JADUs - An JADU would be permitted on a site in addition to a regular ADU, under certain circumstances, with only a building permit. JADUs must be located entirely within walls of an existing or proposed single family primary dwelling unit, be a minimum of 220 square feet in area and maximum of 500 square feet of area, have a separate entry and no required parking.
Interim Urgency Ordinances
The proposed Ordinances would be effective immediately and remain in effect for 45 days unless the City Council extends it at a future hearing. Staff expects that a public hearing will be scheduled for January 21, 2020. Additional State and City adjustments are likely to occur in the following year, and permanent regulations would be reviewed by the Planning Commission and City Council after that initial period.
The City Council must make the following finding to adopt the Interim Urgency Ordinances, and they must be adopted by four-fifths votes: There is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare.
PUBLIC OUTREACH:
The January public hearing will be duly noticed.
ENVIRONMENTAL REVIEW:
Pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it is an ordinance regarding accessory dwelling units to implement the provisions of Government Code Section 65852.2.
LEGAL REVIEW:
The City Attorney has approved the draft ordinances as to legal form.
ATTACHMENTS:
1. Urgency Ordinance No. 19-0021-U (Municipal Code)
2. Urgency Ordinance No. 19-0022-U (Local Coastal Program)
3. State Accessory Dwelling Units Amendment - Government Code Section 65852.2
ended Action