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HomeMy WebLinkAboutItem 11b - Ameding the Development Code pertaining to Accessory and Junior Accessory Dwelling Units DATE: January 21, 2020 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director By: Lisa Flores, Planning & Community Development Administrator SUBJECT: ORDINANCE NO. 2370 AMENDING VARIOUS SECTIONS OF THE ARCADIA DEVELOPMENT CODE RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE IS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) Recommendation: Adopt SUMMARY At its regular meeting of December 17, 2019, the City Council conducted a public hearing, adopted an Urgency Ordinance, and introduced a regular Ordinance to amend various sections of the Arcadia Development Code (Article IX of the Municipal Code) under Text Amendment No. 19-02 to impose new limits on local authority to regulate accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”). This action is to formally adopt the regular Ordinance introduced on December 17. The Ordinance complies with Government Code Sections 65852.2 and 65852.22 that went into effect on January 1, 2020. A copy of the original staff report is attached. RECOMMENDED ACTION It is recommended that the City Council adopt Ordinance No. 2370 amending various sections of the Arcadia Development Code related to Accessory Dwelling Units and Junior Accessory Dwelling Units and determining the Ordinance is categorically exempt under the California Environmental Quality Act (“CEQA”) Attachment No. 1: Ordinance No. 2370 with Exhibit A showing text amendments Attachment No. 2: City Council Staff Report, dated December 17, 2019 Attachment No. 1 Ordinance No. 2370 D ATE: December 17, 2019 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa L. Flores, Planning & Community Development Administrator SUBJECT: AMENDMENT TO THE ARCADIA DEVELOPMENT CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS Urgency Ordinance No. 2369 amending various sections of the Arcadia Development Code related to Accessory Dwelling Units and Junior Accessory Dwelling Units, and determining the Ordinance to be exempt under the California Environmental Quality Act (“CEQA”). Recommendation: Adopt Ordinance No. 2370 amending various sections of the Arcadia Development Code related to Accessory Dwelling Units and Junior Accessory Dwelling Units, and determining the Ordinance to be exempt under the California Environmental Quality Act (“CEQA”). Recommendation: Introduce SUMMARY The proposed Urgency Ordinance and regular Ordinance amend various sections of the Arcadia Development Code (Article IX of the Municipal Code) under Text Amendment No. 19-02, to impose new limits on local authority to regulate accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”). The Ordinance is drafted to be in compliance with the provisions of Government Code Sections 65852.2 and 65852.22 as amended by recent approved legislation that will take effect on January 1, 2020. It is recommended that the City Council adopt Urgency Ordinance No. 2369 (refer to Attachment No. 1), and introduce Ordinance No. 2370 (refer to Attachment No. 2), amending various sections of Article IX of the Municipal Code related to accessory dwelling units and junior accessory dwelling units, and find that the ordinances are Categorically Exempt under the California Environmental Quality Act (“CEQA”). Attachment No. 2 Urgency Ordinance No. 2369 and Ordinance No. 2370 Regarding Accessory Dwelling Units December 17, 2019 Page 2 of 6 BACKGROUND Accessory Dwelling Units, also known as second units, granny flats, in-law suites, or guest houses, are secondary homes on a property already containing an established primary dwelling. Such units are defined generally as independent, self-contained dwelling units with kitchen and bathroom facilities. California’s second-unit law was first enacted in 1982 in California Government Code Section 65852.2, and was significantly amended in 2002, with AB 1866, to encourage the creation of second-units while maintaining local control and flexibility. In general, the purpose of the State’s second-unit law is to provide for additional housing opportunities in an efficient, affordable, sustainable manner. The intent is to remove barriers, and ensure that local regulations are not, “…so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.” (California Department of Housing and Community Development Memorandum - December 2016). The rising cost of housing and the lack of availability of a variety of affordable housing types has been extensively discussed by the State Legislature in recent years. As part of these discussions, the State of California and other housing advocacy groups have come to view ADUs as an important affordable housing option. In 2014, the State enacted legislation to provide additional opportunities for affordable housing in California and further reduce barriers to development of ADUs. The existing ADU law includes several provisions that limit a local jurisdiction’s ability to regulate many aspects of ADUs. The City of Arcadia has updated its Ordinances over time to keep pace with the ongoing changes to ADU requirements, while still retaining as much local control as possible. In 2019, the California Legislature approved, and the Governor signed into law, a number of bills (“New ADU Laws”) that, among other things, amended Government Code Sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and Junior Accessory Dwelling Units (“JADUs”). A JADU is defined as an accessory dwelling unit that is contained entirely within a single-family structure and is not more than 500 square feet in area. The new ADU Laws take effect January 1, 2020, and if the City’s ADU ordinance does not comply with the New ADU Laws, the City’s ordinance becomes null and void on that date as a matter of law. For this reason, an urgency Ordinance is proposed to ensure that the new regulations are in place prior to the new laws. However, the City Attorney has also recommended a regular Ordinance be adopted, so both ordinances have been included. Urgency Ordinance No. 2369 and Ordinance No. 2370 Regarding Accessory Dwelling Units December 17, 2019 Page 3 of 6 DISCUSSION The text of California Government Code Sections 65852.2 and 65852.22 with AB 881, SB 13, and AB 68(1) incorporated, is provided as Attachment No. 3. Nearly every city and county in the State is required to amend its ADU ordinance in time to take effect before January 1, 2020, or the ordinance will be null and void and the local agency will have to approve ADUs ministerially without applying any architectural, landscaping, zoning or development standards. Some of the more significant changes in the recent State law are as follows: 1. The City/County can no longer require a minimum lot size; however, a lot cannot have more than one ADU and a JADU, or an attached ADU (no Junior ADU or a detached ADU is allowed with an attached ADU to the main residence). 2. ADUs are now allowed on lots with multifamily dwellings (not just single-family dwellings on single-family zoned lots). 3. A City may not require a side or rear yard setback that is greater than 4’-0” for a detached ADU. 4. There are fewer opportunities to regulate the size of the ADU. The maximum size must be at least 850 square feet for attached and detached studio and one- bedroom ADUs, and at least 1,000 square feet for two or more bedrooms. In practice, an ADU might be limited to less than these maximums because of other development standards such as floor area ratio and lot coverage. However, there is another provision that prohibits the application of any standard that would not allow for at least an 800 square foot ADU. 5. Converted ADUs may include an expansion to the existing structure of up to 150 square feet for ingress and egress by right. 6. Cities may no longer require replacement parking when a garage is converted to an ADU. 7. Cities must ministerially approve a compliant ADU, and a junior ADU as well, within 60 days of receiving a complete application – a decrease from 120 days. The City may extend that time if an applicant requests it. 8. Any new primary dwelling that requires a discretionary review may still be subjected to the normal discretionary process, and consideration of an ADU on the same lot may be delayed until the primary dwelling is approved; however, the ADU decision must remain ministerial. Urgency Ordinance No. 2369 and Ordinance No. 2370 Regarding Accessory Dwelling Units December 17, 2019 Page 4 of 6 9. Cities now have to approve new ADUs with only a building permit (including converted ADUs), without applying any standard except for 4-foot setbacks and that the structure does not exceed 16-feet in height, if the ADU is 800 square feet or less. 10. Impact fees are prohibited on ADUs that are 800 square feet or smaller. Given these new requirements, the City is proposing objective design standards to satisfy the statutory requirements limiting city discretion in approving accessory dwelling units. The list includes architectural, landscape, and other objective standards. Some examples of these standards include materials and colors of exterior walls, eaves, windows and doors must match the primary dwelling, roof slopes must match, new ADUs may not be located closer to the front property line than the primary residence, the same driveway must be used to access the ADU as the primary dwelling, and screening landscaping must be used. For a complete list of the standards proposed, (refer to Exhibit “A” of Ordinance No. 2369). PLANNING COMMISSION HEARING The Planning Commission (“Commission”) held a public hearing on November 26, 2019, for consideration of proposed changes. A group of residents from the Highland Oaks Homeowners Association was present at the meeting and one person spoke in opposition to the proposed changes. After concluding the public hearing, the Commission discussed the changes and agreed that it was important to retain some local control and having the new objective design standards would be helpful to the process to avoid the nullification of local regulations should the City’s existing regulations not comply. The Commission also expressed their understanding that, if the existing ordinance does not comply fully with the new State regulations, it would make the entire ordinance invalid. Following the discussion, the Commission voted unanimously to recommend that the City Council adopt the urgency ordinance (refer to Attachment No. 4 for the November 26, 2019, Planning Commission Staff Report, Meeting Minutes, and Resolution). FINDINGS The City Council finds as follows: 1. The proposed amendment is consistent with the General Plan and any applicable specific plan(s). Urgency Ordinance No. 2369 and Ordinance No. 2370 Regarding Accessory Dwelling Units December 17, 2019 Page 5 of 6 Facts in Support of the Finding: The proposed text amendment is consistent with the General Plan as the purpose of the proposed ordinance is to comply with the amended provisions of Government Code Sections 65852.2 and 65852.22. Additionally, the amendment and ordinance will continue to promote high quality design in buildings and neighborhoods to the extent feasible. The ordinance has been written to reinforce this goal and provide general standards for the development of accessory dwelling units and junior accessory dwelling units throughout the City. The proposed ordinance does not otherwise conflict with any of the General Plan’s goals or policies. 2. For Development Code amendments only, the proposed amendment is internally consistent with other applicable provisions of this Development Code. Facts in Support of the Finding: The proposed text amendment includes codifying development standards for accessory dwelling units and junior accessory dwelling units in compliance with new state law. The amendment replaces existing language within the Development Code that heretofore was compliant with state law. The new development standards and regulations for accessory dwelling units and junior accessory dwelling units are consistent with the remainder of the regulations for development and construction in residential zones throughout the City. ENVIRONMENTAL ANALYSIS Under California Public Resources Code Section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by Section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law. In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines Section 15303 (refer to Attachment No. 5). The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of appurtenant accessory structures and garages as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the conversion of existing structures into, and the new construction of, ADUs and JADUs, which are, by definition, structures that are accessory to a primary dwelling on the lot. Urgency Ordinance No. 2369 and Ordinance No. 2370 Regarding Accessory Dwelling Units December 17, 2019 Page 6 of 6 PUBLIC COMMENTS/NOTICE A public hearing notice for this item was published in the Arcadia Weekly on Thursday, December 5 and 12, 2019. As of December 11, 2019, staff has not received any comments. RECOMMENDATION It is recommended that the City Council approve the findings set forth in the staff report; and 1. Adopt Urgency Ordinance No. 2369 amending various sections of the Arcadia Development Code related to accessory dwelling units and junior accessory dwelling units and determining that the ordinance is Categorically Exempt under the California Environmental Quality Act (“CEQA”). 2. Introduce Ordinance No. 2370 amending various sections of the Arcadia Development Code related to accessory dwelling units and junior accessory dwelling units and determining that the ordinance is Categorically Exempt under the California Environmental Quality Act (“CEQA”). Attachment No. 1: Urgency Ordinance No. 2369 Exhibit “A” – Proposed Text Amendments to the Development Code Relating to Accessory Dwelling Units and New Objective Design Standards Attachment No. 2: Ordinance No. 2370 Attachment No. 3: Changes to ADU laws – Government Code Sections 65852.2 and 65852.22, AB 881, and AB 68(1) Attachment No. 4: November 26, 2019, Meeting Minutes, Resolution No. 2044, and Planning Commission Staff Report Attachment No. 5: Preliminary Exemption Assessment