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Home My WebLink About18 - NB-2 - Adoption of Urgency Ordinance No. 19-XX - 12/17/2019 1 CITY COUNCIL AGENDA REPORT MEETING DATE: DECEMBER 17, 2019 ITEM NUMBER: NB-2 SUBJECT: ADOPTION OF URGENCY ORDINANCE NO. 19- XX AMENDING THE MUNICIPAL CODE, TITLE 13, ARTICLE 2 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS DATE: DECEMBER 4, 2019 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: BARRY CURTIS, DIRECTOR OF ECONOMIC & DEVELOPMENT SERVICES SCOTT PORTER, DEPUTY CITY ATTORNEY FOR FURTHER INFORMATION CONTACT: BARRY CURTIS, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES, 714.754.5278 RECOMMENDATION Introduce and adopt as an urgency measure Urgency Ordinance No. 19-xx amending Municipal Code, Title 13, Article 2 relating to accessory dwelling units and junior accessory dwelling units. BACKGROUND During the last legislative session there were a number of bills enacted relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). The Legislature has further restricted local control and mandated new requirements, including the approval of junior accessory dwelling units which are units equal to or less than 500 square feet contained within a single-family dwelling. If a city does not have an accessory dwelling unit ordinance that is compliant with state law, then any applications submitted will be processed under the State law requirements without local input. As the new law goes into effect on January 1, 2020, it is necessary to adopt these changes through an Urgency Ordinance and then proceed with readoption through the regular manner which will include noticed, public hearings before both the Planning Commission and City Council. It is noted that the adopted legislation is ambiguous at best with regard to several matters. The ordinance presented by staff reflects our best interpretation, keeping in mind previous directives from the State Department of Housing and Community Development (“HCD”) and the Legislature’s overriding intent this past legislative session to stimulate new housing development in California. ANALYSIS The two primary bills that impacted accessory dwelling units were AB 68 and AB 881. AB 68 AB 68 relates to JADUs. A JADU is an accessory dwelling unit that is built within a single-family residential structure and is no more than 500 square feet in area. It may have its own sanitation facilities or could share such with the primary residence. The JADU must have kitchen facilities. Prior to this legislative session, a city was not required to enact provisions allowing such units. That changed this year and JADUs are now required. If a city does not have an Ordinance, a JADU application will be approved in accordance with the provisions set forth in State law, although there is very litte difference between the City’s proposed ordinance and Government Code section 65852.22. The proposed ordinance does not require the front door to be located on a different side of the house from the front door of the primary unit and specifies that application fees must be paid along with permit and inspection fees. In a JADU, the owner must reside in either the accessory or primary dwelling unit. In contrast, and as described in the next section, for the next five years the City cannot impose an owner occupancy restriction for an ADU. AB 881 AB 881 made a number of changes to the ADU provisions as summarized below:  ADUs must now be allowed in all residential zones with some limitations. Additionally, in certain circumstances they are also required to be located in mixed-use zones.  All ADUs, as well as JADUs, must be approved within 60 days if they meet the ministerial requirements. If the ADU or JADU is being proposed in conjunction with a new primary structure, the approval may be delayed until the primary structure is approved.  The grounds on which an ADU may be denied are now limited to water, sewer, traffic flow and public safety.  The City may no longer have a minimum lot size for lots where an ADU allowed. This will eliminate the City’s existing 7,900-square-foot minimum lot size requirement.  The law has been clarified to provide that ADUs must be allowed within a proposed or existing primary dwelling in addition to being attached or detached. The difference between an interior ADU and a JADU would primarily be the size.  At most, the City may require a four-foot side and rear yard setback. No setbacks may be required if the ADU is being converted from or constructed in the exact same location as a permitted accessory structure, including a garage. The City must allow conversion of garages and no replacement parking can be required for a garage that is removed as part of creating an ADU. o Because of this, the Ordinance includes amendments to require all accessory structures, except garages, to have at least a four-foot setback. This will eliminate zero lot line accessory building conversions in the future.  Through January 1, 2025, the City can no longer impose an owner-occupancy requirement for ADUs and this requirement may not be imposed on any units approved during this time, even after January 1, 2025.  State law has been amended to provide that a City may establish a maximum square footage requirement of 850 square feet for studio and one-bedroom units and 1,000 square feet for units with more than one bedroom. Accordingly, the City has revised its ordinance to impose these standards. If the City were to impose a percent limitation based on the existing size of the primary house, such as a 50 percent limit, it must still allow an ADU that is at least 800 square feet in area.  Four categories of ADUs must be approved regardless of any other provisions for an ADU within a residential or mixed-use zone; these are: o An ADU within a proposed or existing single-family dwelling when certain conditions are met. o A detached ADU that is no more than: 800 square feet in area; 16 feet in height; , and ADU is set back at least 4 feet from both the side and rear yards. When this type of ADU is approved, an owner may also have a JADU within the house. o ADUs inside a multi-family dwelling in spaces that are not used as habitable spaces, such as storage rooms, boiler rooms, attics, basements, or garages provided the unit complies with the building code standards for dwellings. The City must allow up to 25 percent of the number of existing units and a minimum of one. Thus, if there is an existing apartment building with 10 apartments, the city would be required to allow up to two internal units, as two units (20%) would not exceed the requirement of 25%. o Two detached ADUs on a lot with a multifamily dwelling provided that each ADU is no greater than 16 feet in height and has minimum four-foot side and rear yard setbacks. State law does not impose a minimum size, but staff is recommending that an 800-square-foot limit be imposed in this type of situation. Other Bills SB 13 added section 17980.12 to the Health and Safety Code. Under this new requirement, through January 1, 2030, the City must include a notice to owners of ADUs with building code violations stating that the recipients of the notice can seek to defer the corrections if it is not a matter of health and safety. If the City agrees, then enforcement shall be delayed for five years. This only applies to ADUs built before January 1, 2020 or to ADUs built after January 1, 2020 in a city that did not have a compliant ordinance, but does have one at the time the request for delay is made. AB 670 added section 4751 to the Civil Code. This section provides that CC&Rs for lots zoned for single-family residential use many not prohibit or unreasonably restrict the construction or use of an ADU or JADU. ENVIRONMENTAL DETERMINATION Adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines sections 15282(h) [statutory exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to land]. This ordinance is also exempt under CEQA Guidelines section 15061, because this ordinance will not have a significant effect on the environment, because ADUs will largely constitute infill housing which is exempt from CEQA. ALTERNATIVES CONSIDERED: The City Council could forego adoption of the urgency ordinance and allow the state laws to be in effect starting January 1, 2020. FISCAL REVIEW: The adoption of this urgency ordinance will not have any fiscal impact on the City’s budget. LEGAL REVIEW The draft ordinance has been reviewed by the City Attorney’s Office and approved as to form. CITY COUNCIL GOALS & PRIORITIES: The proposed urgency ordinance is administrative in nature. However, the result of the recent changes in state law that take effect on January 1, 2020, will invariably result in the addition of more ADUs in the City in keeping with City Council Goal 4 – Address Housing Shortages and Homelessness. CONCLUSION: Staff recommends the City Council adopt Urgency Ordinance No. 19-XX. Once the Ordinance is adopted it is required to be sent to the Department of Housing and Community Development which has 30 days to review and comment on the ordinance. Once HCD’s comments, if any, are received, the City can process the requisite Code Amendment through standard procedures. ____________________________ _________________________________ MINOO ASHABI, AIA BARRY CURTIS, AICP Principal Planner Director of Economic and Development Services ____________________________ _________________________________ KELLY A. TELFORD, CPA KIMBERLY HALL BARLOW Finance Director City Attorney Attachments: 1. Urgency Ordinance 19-XX