The costs of preparing this ordinance have been funded by the Department of Conservation and Development’s Land Development Fund. The cost of processing accessory dwelling unit and junior accessory dwelling unit applications will be 100% funded by application fees.
In 2017, the Board of Supervisors adopted the County’s Accessory Dwelling Unit (ADU) Ordinance to comply with then-current State law. Effective January 1, 2020, Assembly Bill 68, Assembly Bill 881, and Senate Bill 13 revised Government Code Section 65852.2 to require that local agencies process applications for ADUs and junior ADUs ministerially without discretionary review or public hearing, and to expand the types of ADUs that a local agency must allow. Under the revised State law, local agency ordinances that do not comply with revised State requirements are void. Staff prepared the proposed Ordinance No. 2020-01 to amend the County’s ADU ordinance to comply with the revised State law.
On December 11, 2019, the County Planning Commission considered the proposed zoning text amendment prepared by staff. After a public hearing, the County Planning Commission voted to recommend approval of the proposed zoning text amendment.
STAFF ANALYSIS:
Summary
Below is a summary of the revisions proposed Ordinance No. 2020-01 would make to the County’s current ADU ordinance. Attachment A compares the County’s current ADU ordinance adopted in 2017 and the proposed Ordinance No. 2020-01. Attachment B summarizes the permitting process and development standards required by proposed Ordinance No. 2020-01.
Permit processing; ministerial approvals
State law requires local agencies to process applications for ADUs and junior ADUs ministerially without discretionary review or public hearing. The County’s current ADU ordinance provides that an applicant may request a public hearing and obtain a discretionary ADU permit if the proposed ADU would deviate from some of the listed development standards (e.g., lot size, unit size, parking requirements). The County’s current ADU ordinance also requires that an application for a discretionary ADU permit for an ADU located in the Kensington (-K) combining district be processed through a discretionary Kensington design review. Ordinance No. 2020-01 would conform to the amended State law by providing that any application to establish an ADU or junior ADU that meets specified updated criteria be processed ministerially.
Junior ADUs
Ordinance 2020-01 would allow a junior ADU to be established on a single-family residential lot. A junior ADU is an internal conversion of up to 500 square feet within an existing single-family dwelling, and the junior ADU may have separate sanitation facilities or share sanitation facilities with the existing dwelling. The junior ADU can be in addition to a detached standard ADU. The County’s current ADU ordinance does not address junior ADUs.
ADUs on multi-family lots
Ordinance No. 2020-01 would allow one or more ADUs that are internal conversions within the non-livable space of an existing multiple-family dwelling, and up to two detached ADUs on a lot with an existing multiple-family dwelling.
No minimum lot size
The County’s current ADU ordinance provides that an ADU may be established on a lot of less than 6,000 square feet only after a discretionary ADU permit is issued. Consistent with the revised State law, Ordinance No. 2020-01 would not require a minimum lot size to obtain a ministerial permit to establish an ADU or junior ADU.
Parking requirements waived for certain ADUs
Ordinance No. 2020-01 would not require an applicant to provide any additional off-street parking spaces if the ADU is an internal conversion or a junior ADU. The proposed ordinance would also not require an applicant to replace off-street parking spaces if a garage, carport, or covered parking structure is converted to an ADU resulting in the loss of off-street parking spaces. Also consistent with State law, the proposed ordinance would waive the additional off-street parking requirement for newly constructed detached ADUs that are limited in size (i.e., not more than 800 square feet in size and 16 feet in height).
General Plan Consistency
By facilitating the development of ADUs and Junior ADUs, the revised Accessory Dwelling Units Ordinance is consistent with the General Plan, including the eight general goals in the Housing Element. The proposed Ordinance will specifically promote the following goals:
Goal 1: Maintain and improve the quality of the existing housing stock and residential neighborhood in Contra Costa County.
Goal 2: Preserve the existing affordable housing stock in Contra Costa County.
Goal 3: Increase the supply of housing with a priority on the development of affordable housing.
Goal 4: Increase the supply of appropriate and supportive housing for the special needs populations.
Zoning Compliance
The proposed ordinance allows the establishment of ADUs and junior ADUs on lots in residential and mixed-use zoning districts. The proposed ordinance will not conflict in any manner with the County Zoning Code.
Environmental Review
Adoption of the proposed ordinance is exempt from environmental review pursuant to CEQA Guidelines Section 15282(h), which exempts the adoption of an ordinance regarding accessory dwelling units that implements the provisions of Government Code section 65852.2
CONCLUSION:
Proposed Ordinance No. 2020-01, revising the County’s ADU ordinance, is consistent with Government Code section 65852.2 and the County General Plan and Zoning Code. Staff recommends adoption of Ordinance No. 2020-01.
If the recommended actions are not approved, the County’s ADU ordinance will not be amended to conform with State law. Pursuant to Government Code section 65852.2, the County will process applications to establish ADUs and junior ADUs, and apply only those development standards contained in the State law.