CITY COUNCIL AGENDA REPORT

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Margaret Hunt
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1 Approved by City Manager: CITY COUNCIL AGENDA REPORT DATE: JANUARY 24, 2017 TO: FROM: SUBJECT: HONORABLE MAYOR AND COUNCILMEMBERS TALYN MIRZAKHANIAN, SENIOR PLANNER KRYSTIN RICE, ASSOCIATE PLANNER INTRODUCTION OF ORDINANCE NO , A PROPOSED AMENDMENT TO CHAPTER OF THE CALABASAS MUNICIPAL CODE BY UPDATING THE STANDARDS AND REQUIREMENTS APPLIED TO THE DEVELOPMENT OF ACCESSORY DWELLING UNITS (ALSO REFERRED TO AS SECOND UNITS, IN-LAW UNITS, OR GRANNY FLATS), AS REQUIRED TO COMPLY WITH THE NEW CALIFORNIA LAW. MEETING FEBRUARY 8, 2017 DATE: SUMMARY RECOMMENDATION: That the City Council introduce Ordinance No , amending Chapter of the Calabasas Municipal Code (CMC), to bring into consistency with new California law the standards and requirements for the development of accessory dwelling units. BACKGROUND: Chapter of the CMC establishes development standards for secondary housing units. The secondary housing unit standards and regulations currently within Chapter were last updated in 2010 during the City s Development Code Update. AGENDA ITEM NO. 8

2 Per the California Department of Housing and Community Development (HCD), California s housing production is not keeping pace with demand. In the last decade, less than half of the needed housing was built. This lack of housing is impacting affordability with average housing costs in California exceeding the rest of the nation. Beyond traditional market-rate construction, government-subsidized production, and preservation, there are alternative housing models and emerging trends that can contribute to addressing home supply and affordability in California. One such example is Accessory Dwelling Units (ADUs) (also referred to as second units, in-law units, or granny flats). In August 2016, the California State Legislature passed AB 2299 and SB 1069, amending sections of the State law regulating second dwelling units, now known as accessory dwelling units. The approved bills were subsequently signed into law by Governor Brown, with the enacted laws taking effect January 1, The final version of the associated sections of the Government Code section , as amended, is attached as Attachment F. Under the new State law, local jurisdictions must revise their local zoning ordinances to conform to the new accessory dwelling unit law; in the meantime, any inconsistent existing local zoning regulations are preempted by State law. Staff, in conjunction with the City Attorney, prepared a draft ordinance for Chapter of the Development Code, bringing it into compliance with the new State law. In accordance with CMC , the Planning Commission conducted a public hearing on January 19, 2017, regarding the proposed amendment to the Development Code. Following the hearing, the Commission voted unanimously to pass Planning Commission Resolution No , recommending approval of the code amendment. DISCUSSION/ANALYSIS: The newly enacted legislation has greatly expanded an owner or developer s ability to build a second residential dwelling unit on their property and simultaneously restricts a city s discretionary and regulatory authority over such development. The new State Law requires new limitations on unit size, parking requirements, setbacks, fire sprinklers, garage conversions, and utility connections, such that the City will have less ability to regulate the construction of a second unit or accessory dwelling unit (ADU). The draft ordinance presented to the Council for consideration (Attachment A) is consistent with new California law standards and requirements for the development of accessory dwelling units, and includes revisions to the following: 2

3 Process: Section of the CMC states that a secondary housing unit may be allowed subject to a non-discretionary administrative plan review. Per the City s Municipal Code, an administrative plan review requires a public hearing. Conversely, AB 2299 requires a local government to ministerially approve ADUs if the unit complies with certain parking requirements, the maximum allowable size of an attached ADU, and setback requirements. To comply with the new law, the City shall require a zoning clearance for the review and approval of an ADU, eliminating the requirement for a public hearing. In stark contrast, and per the current Municipal Code, small-scale additions to existing homes (ranging anywhere from 1 square-foot to 499 square-feet) require, at minimum, an Administrative Plan Review and approval by the Community Development Director at a noticed public hearing. State law s processing requirement for ADUs creates a significant disparity in the required City permitting processes for new ADUs (up to 1,200 square-feet as discussed below) versus minor home additions. This may be a matter for future consideration by the City Council. Maximum Unit Size: An ADU may be either attached to an existing singlefamily dwelling or located within the existing living area of the primary home, inclusive of a basement or attic. Per Government Code Section (a)(1)(D), an attached ADU, may not exceed 50 percent of the existing living area (including a basement and attic) of the single-family dwelling or 1,200 square feet (whichever is less). For a detached ADU, the maximum floor area may not exceed 1,200 square feet. Section currently sets the maximum size of an ADU at 700 square-feet. This amendment increases the maximum size to 1,200 squarefeet, consistent with what State law allows. Table 2-4 of the CMC is amended accordingly. Setbacks: Per State law, no setbacks can be required when an existing garage is converted into an ADU or when existing space above a garage is converted into an ADU. Additionally, State law establishes a maximum setback of five feet from the side and rear lot lines for an ADU constructed above a garage. Table 2-4 is amended accordingly. There is one staff-initiated correction to CMC Section (B)(Table 2-4), deleting the phrase 12 ft. total from the side setback requirement, as it serves no actual purpose and simply creates confusion for the public. Parking Requirement: Per SB 1069, the parking requirements are reduced to one parking space per ADU, which may be provided as tandem parking or, where an existing parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the City must permit replacement parking spaces in any 3

4 configuration on the lot, including but not limited to covered, uncovered, or tandem spaces, or by the use of a mechanical lift. Parking is not required for an ADU in the following instances: 1) The ADU is located within one-half mile of public transit; 2) The ADU is located within an architecturally and historically significant historic district; 3) The ADU is part of the existing legal primary residence or an existing legal accessory structure; 4) On-street preferential parking permits are required by the City but not offered to the occupant of the ADU; or 5) There is a publicly accessible and presently operating car share vehicle parking location within one block of the ADU. Table 2-4 is amended accordingly. ENVIRONMENTAL REVIEW: The proposed amendment is exempt from the requirement for environmental review under CEQA because: 1) the secondary housing unit regulation provisions promulgated through the updated Code already effectively took effect on January 1, 2017 by virtue of the state s adoption of new statutes that preempt any inconsistent local ordinance; thus, the City s action is not creating a new land use regulation and it can be seen with certainty that no environmental impacts will result from the City s action. Instead, the City s action is to amend its second unit ordinance to match the new requirements of state law. Consequently, and in accordance with CEQA Section and both Section 15002(i)(1) Lack of Local Jurisdictional Discretion and Section 15061(b)(3) General Rule of Exemption of the CEQA Guidelines, the adoption of this ordinance is exempt from review under CEQA and a Notice of Exemption has been prepared for this proposed amendment (Exhibit E). Consideration of this ordinance also does not meet the definition of a project under CEQA Guidelines section 15061, subdivision (b)(3) and section 15378, subdivision (a) and subdivision (b)(5). The proposed changes to the second residential unit ordinance, changing the standards for second residential units as required by state law, has no potential for resulting in physical changes in the environment, directly or indirectly, because it consists of changes in the standards governing issuance of ministerial permits for second residential units and does not directly or indirectly approve any applications for particular second units. The adoption of this ordinance is therefore further exempt from CEQA review pursuant to California Code of Regulations, Title 14, Sections and of the CEQA Guidelines. 4

5 FISCAL IMPACT/SOURCE OF FUNDING: There is no fiscal impact associated with this item. All development costs are borne by the developer. REQUESTED ACTION: That the City Council introduce Ordinance No amending Chapter of the Calabasas Municipal Code, to bring into consistency with new California law the standards and requirements for the development of accessory dwelling units. ATTACHMENTS: Attachment A: Ordinance No (as amended by PC) Attachment B: Planning Commission Reso. No Attachment C: SB 1069 (as enacted) Attachment D: AB 2299 (as enacted) Attachment E: Notice of Exemption Attachment F: Cal. Government Code section

PLANNING COMMISSION AGENDA REPORT. 17-CA-02 Accessory Dwelling Unit Ordinance. Jon Biggs, Community Development Director

PLANNING COMMISSION AGENDA REPORT Meeting Date: May 3, 2018 Subject: Prepared by: Initiated by: 17-CA-02 Accessory Dwelling Unit Ordinance Jon Biggs, Community Development Director City Council Attachments: