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AMENDMENT TO TITLE 16 OF THE STOCKTON MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS IN COMPLIANCE WITH STATE PLANNING AND ZONING LAW
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RECOMMENDATION
Staff recommends that the Planning Commission forward a recommendation to the City Council to adopt an Ordinance approving an amendment to Title 16 of the Stockton Municipal Code, including Section 16.80.310, “Secondary Dwelling Units;” and Section 16.240.020, “Definitions of Specialized Terms and Phrases;” in order to comply with state planning and zoning law (Government Code 65852.2).
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Summary
On September 27, 2016, the state approved new regulations pertaining to accessory dwelling units (Government Code 65852.2) which became effective on January 1, 2017. The intent of the new regulations was to facilitate and expedite the construction of new dwelling units that are secondary to single family residences on the same lot as a means of augmenting affordable housing in California.
Under the new state regulations, Cities are obligated to amend their local zoning ordinances to provide a means for facilitating accessory dwelling units. If a city failed to amend its ordinance by the January 1, 2017 effective date, state law applies and the City's ordinance is null and void, which is the current situation in Stockton. The proposed code amendment addresses state law requirements and provides a local review process and development standards for accessory dwelling units that is beneficial for Stockton. Key proposed changes include the following:
• naming convention change to “accessory dwelling unit”
• easing of setback requirements
• elimination of parking requirements
• simplification of review process
DISCUSSION
Background
The Stockton Municipal Code (Section 16.240.020) currently identifies accessory dwelling units as “secondary dwelling units” and defines them as follows:
“a permanent dwelling that is accessory to a primary dwelling on the same site. These units generally provide complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking.”
Secondary dwelling units are also commonly known as granny flats, in-law units or rental units. They can be attached to the primary single-family dwelling structure with a separate doorway entrance or detached and located behind the primary dwelling or above the primary dwelling’s garage.
Accessory dwelling units (prior referred to as secondary dwelling units) were the result of state legislation (Mello Act, SB1534) adopted back in 1982, to promote the development of second residential units as a source of affordable housing. The state legislature also recognized the potential advantages of second dwelling units providing additional income to home owners, easing the rental housing deficit, and maximizing land resources. State regulation provided the means for local governments to adopt an ordinance to legally permit second dwelling units. In 2003, the state modified the statute (AB1866) to create a ministerial process based on development standards for cities administering the review of secondary dwelling unit applications. Up until January 1, 2017, the Stockton Municipal Code generally complied with state legislative requirements.
Present Situation
At the urging of affordable housing advocates asserting that some local agencies throughout California were imposing costly barriers on secondary dwelling unit requests, relating to parking, fees for utility hook-ups, and excessive development standards, the state legislation adopted two separate bills in 2016. On September 27, 2016, the Governor signed Senate Bill (SB)1069 and Assembly Bill (AB) 2299, modifying government code 65852.2. The impetus of the two bills was to further reduce barriers, better streamline approval, and increase the supply of affordable housing in California. Both laws took effect on January 1, 2017. Under the legislation, any city that did not have a compliant ordinance by January 1, 2017 is considered null and void until a new local ordinance is adopted. When a local ordinance is nullified, the local agency is required to operate under the state’s standards, as is the current situation in Stockton.
The proposed ordinance will amend the city’s existing secondary dwelling unit regulations to comply with state law.
Current City Ordinance requirements:
The City’s current ordinance refers to secondary dwelling units and is found in Title 16 (Development Code), Section 16.80.310. Secondary dwelling units. The code allows units to be located on any residential-zoned parcel in compliance with the height, setback, and lot coverage for the residential zoning district in which it is located. The code requires one existing owner-occupied single family detached main dwelling on the parcel.
The code specifies maximum size of secondary dwelling units depending on whether the unit is attached or detached from the existing single-family dwelling. Attached units shall have a floor area not exceeding 30 percent of the living area for the main dwelling and a detached unit that shall be no greater than 1,200 square feet of floor area. Secondary units require one covered off-street parking space in a carport or garage, in addition to that required for the main dwelling unit, and only one curb cut is permitted for the parcel with no additional curb cuts allowed (Attachment A - Existing Code).
Key Changes to the City’s Ordinance.
The proposed Amendment includes the following:
1. Name and Definition Change: Accessory Dwelling Units (ADUs) is proposed to replace Secondary Dwelling Units, along with a revised definition to better align with the state regulation.
2. Maximum floor area for an accessory dwelling unit: State law makes a distinction between three types of ADUs which can be: a) contained within an existing residence or existing accessory structure, b) attached to an existing residence or existing accessory structure, or c) detached and on the same lot (see Attachment B - ADU types diagram). The amendment proposes no maximum floor area if contained within an existing structure. The maximum floor area for an attached ADU is increased from 30 percent to 50 percent of the existing living area (garage is not considered existing living area) in accordance with state law. There is no change to the maximum floor area for a detached ADU which remains at 1,200 square feet because it complies with state law.
Setbacks for ADUs: State law mandates that no setbacks are required for an accessory structure that is converted to an ADU. This means that an existing detached garage or storage shed that was legally constructed in the rear of the property, 3 feet from the rear and side-yard property line could be converted to an ADU and remain in place with no additional setback. As a comparison, existing city code requires a 10-foot rear-yard setback and a 5-foot side-yard setback for a residential dwelling unit. The proposed amendment also provides for an ADU that is constructed above an existing accessory structure, such as a garage or storage shed, to have a minimum rear-yard setback of five feet and a minimum side-yard setback as required for the main dwelling unit, not to exceed five feet, which complies with state law.
3. Parking: State law mandates that ADUs meeting any of the following criteria shall not be required to provide any parking:
• Located within one-half mile of public transit
• Located within a historic district
• Located within one (1) block of a car share vehicle
• ADUs that are part of the existing primary residence or an existing accessory structure
State law further requires that any existing garage or parking structure that is eliminated by conversion to an ADU shall be allowed flexibility for the location and type of replacement parking. Replacement parking could be satisfied using the existing driveway or in a side yard uncovered.
Existing city code requires one covered parking space for an ADU. The code also requires replacement parking for the main dwelling to be a two-car garage if converted to an ADU. Parking requirements have created a significant obstacle for prior proposals to construct ADUs. The proposed amendment eliminates parking requirements for any ADU. In addition, parking requirements are eliminated if the existing parking garage for the main dwelling unit is converted to an ADU, which will result in parking on the paved driveway or on the street. The owner could opt to provide covered parking or a new parking garage, but the proposed code would not require it.
4. New Standards for the placement of balconies, decks, and windows: The proposed amendment requires no portion of any balcony, deck, or open-stair landing that faces the rear lot line or the side lot line nearest to the ADU to be higher than three feet from the ground. ADUs are not required to meet the primary dwelling unit setback, however, if they don’t meet the setback requirement, no portion of any window that faces the lot line where the setback requirement is not being met can extend above 10 feet from the ground.
These standards are not required by state law, but these provisions are intended to help ensure that the privacy of surrounding residences is not impacted by the construction of ADUs with lesser setbacks allowed under state law.
5. Standards for review of ADU: The existing city code requires Site Plan Review for all proposed ADUs, which is a ministerial process under the Director's approval authority. The new state law mandates that any site plan review approval process be eliminated for ADUs contained within existing structures (residence or accessory structure) regardless of all other development standards (i.e. size, setback, lot coverage) if the ADU:
• Has independent exterior access from the existing residence; and
• Has sufficient side and rear yard setbacks for fire safety; and
• Complies with building and safety codes.
The proposed Amendment complies with this provision of state law. The language in the proposed Amendment has been adapted to ensure that no adverse impacts to historically significant structures occur because of any exterior (e.g. window or door) modifications. Further, the amendment provides some changes in the required review process, to meet the intent of the law for streamlining the permit process. As an example, any new structure constructed within the Channel area overlay district, such as an ADU, requires a Planning Commission Use Permit. The proposed Amendment requires Design Review for an ADU, which is a ministerial process under the Director's approval authority which is less time consuming and less costly (Attachment C - Ordinance Redline Strikeout).
The proposed amendment is consistent with applicable General land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and will not create any inconsistencies with the Development Code. The General Plan’s Housing Element contains the following policies which are supportive of the proposed amendment:
• HE-2.5 Second Units in New Projects. The City shall encourage the development of second units within new single-family projects.
• HE-2.6 Second Unit Infill. The City shall encourage development of second units to provide additional affordable housing opportunities in existing single-family neighborhoods.
• HS-3.4 Affordable Housing Incentives. The City shall explore incentives, bonuses, and flexibility in standards and requirements in the Development Code that could benefit affordable housing development, such as density bonuses, flexible development standards, and deferred payment of fees.
• HE-5.5 Creativity and Flexibility. The City shall allow for flexibility in the application of development standards to encourage creative and innovative housing solutions.
The Housing Element currently assumes four accessory dwelling units being constructed per year in its inventory of opportunity sites for affordable housing. It is expected that the proposed amendment will lead to a higher occurrence of affordable housing units being constructed, which will be closely monitored by City staff.
Environmental Review
The proposed SMC amendments are exempt from the California Environmental Quality Act (CEQA) under the “general rule” that CEQA applies only to projects that have the potential for causing significant environmental effects, as specified in Section 15061(b)(3). Approval of the required amendments constitutes an administrative action that will not result in direct or indirect physical changes in the environment, and any future projects that would rely on these amendments, will require further case-specific environmental review under CEQA.
Attachment A - Existing Code
Attachment B - ADU Types Diagram
Attachment C - Proposed Ordinance Redline Version
The staff report was prepared by Planning Manager Michael McDowell; (209) 937-8690, michael.mcdowell@stocktonca.gov.