I. RECOMMENDATION:
Introduce and Waive the First Reading of Ordinance No. 853 - Amending the Planning and Zoning Code Related to Accessory Dwelling Units, Floodplain Management and Density Bonus.
II. BACKGROUND:
The State legislature enacted accessory dwelling unit (ADU) legislation in 2017, 2018, and 2020 to reduce regulatory barriers and costs, streamline approval, and expand the potential capacity for ADUs in response to California's housing shortage. A summary of the State laws and changes are summarized and attached to this report. The State ADU laws preempt local ordinances and cities must implement these laws with limited exceptions. As a result, the City’s existing ordinance is unenforceable under State law and staff has been applying the State’s requirements to all ADU applications.
On July 26, 2022 the Planning Commission conducted a public hearing and - adopted Resolution No. 022P-005, recommendation to the City Council for Approval of a City Initiated Zoning Text Amendment (No. ZTA 22-01).
On August 4, 2022 the City Council continued the public hearing to make changes related to garage conversions and permitted locations for ADU's. Staff has highlights and made some minor changes to the ordinance based on the Councils direction.
III. DISCUSSION:
What are Accessory Dwelling Units and Junior Accessory Dwelling Units?
An accessory dwelling unit (ADU) is a smaller, independent residential dwelling unit located on the same lot as a stand-alone single-family home or multi-family development. ADUs are also referred to as accessory apartments, secondary suites, and granny units/flats. ADUs can be converted portions of existing homes (i.e., internal ADUs), additions to new or existing homes (i.e., attached ADUs), or new stand-alone structures or converted portions of existing stand-alone accessory structures (i.e., detached ADUs).
ADUs come in a variety of types as illustrated in the graphic below. Existing residences can accommodate ADUs through garage conversions, which is converting an existing garage into living space, attaching a new ADU to an existing home, or retrofitting an existing home by dividing the home either on a second floor, or a portion of an existing floor. Other examples include new detached units, an addition above an existing or new garage, as well as converting existing detached accessory structures.
Internal, attached, and detached ADUs all have the potential to increase housing availability consistent facilitating better use of the existing housing stock. Along with ADUs, Junior ADUs are another type of dwelling unit that is required by State law. Junior ADUs allow for the repurposing of an existing space in a single-family residence by incorporating a small kitchen, such as a wet-bar, and an exterior entrance to allow its use as a connected, but private living space within a larger residence. There are a few primary distinctions between a Junior ADU and an ADU as follows:
- Can only be located within an existing or proposed single family residence such as RMD Zoning Designation with alley access. - Council wishes to change to all residential zoning districts.
- JADU’s must be no greater than 500 square feet in size.
- ADU’s must be no greater than 1,200 square feet in size
- Must have its own separate entrance.
The proposed ADU ordinance amendment would bring the City's ordinance into compliance with State law and includes the following revisions:
- Allow for the development of a Junior ADU fully contained within the residence, in addition to, a detached ADU on residentially zoned lots with an existing or proposed single family residence.
- Only permitted in residential zoned properties with alley access. Council wishes to change to all residential districts.
- Further reduce parking standards for ADUs and allow required parking in setback areas (e.g., in a driveway).
- Reduce side and rear setbacks for ADUs from 5-feet to 4-feet.
- Increase building to 16-feet to allow ADUs to be constructed.
- No impact fees on ADUs of 750 square feet or less.
- Any impact fee that is required for an ADU that is 750 square feet or larger in size will be charged proportionately in relation to the square footage of the primary dwelling unit.
An updated copy of Ordinance No. 853 is attached for the City Council's review and consideration.
General Plan/Zoning Consistency: The proposed zoning text amendment is consistent with the general plan policies and implementation measures including zoning consistency for residential uses. These changes further enhance the general plan and intent of the zoning code.
Public Notification: On July 11, 2022 public hearing notices were posted and emailed to local paper in accordance with local and state regulations.
Environmental Determination: This text amendment has been reviewed in accordance with CEQA and staff has determined that this ordinance change would not have a detrimental effect on the health, safety and welfare of the community and fall under Section 15061(b)(3) - General Rule Exemption.
IV. ALTERNATIVES:
None determined at this time.
V. FISCAL IMPACT:
The following standard findings must be made for each Zoning Ordinance amendment:
- The proposed Zoning Ordinance amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
- The proposed Zoning Ordinance amendment is consistent and compatible with the goals, policies, and actions of the General Plan, and the other applicable provisions of the Zoning Ordinance.
- If applicable, the site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses/developments.
- The proposed Zoning Ordinance amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.
| | |