City of Brea
Planning Commission
Staff Report Meeting Date: 12.12.17
TO: City of Brea Planning Commission
FROM: Jennifer A. Lilley, AICP, City Planner
REQUEST
A proposal to amend Title 20, Chapters 20.00, 20.08.040, 20.200, 20.206, 20.208, 20.212, 20.216, and 20.220 of the Brea Zoning Ordinance the provisions pertaining to accessory dwelling units in single family and multifamily residential zones in accordance with new state legislation amending California Government Code Sections 65852.2 and 65852.22.
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Staff recommends the Planning Commission:
- Adopt Resolution recommending approval of Zoning Ordinance Amendment No. 17-02.
- Recommend the City Council approve the Draft Ordinance
BACKGROUND
The State Legislature first adopted regulations for Second Dwelling Units (SDUs) in 1982. At that time, the Legislature identified a “tremendous unmet need” for new housing in California. Subsequent amendments to the original law were made by the State in 1986, 1990 and 1994 regarding certain development standards applicable to SDUs including the maximum size related to the size of the primary residence and required parking.
In 2003, Assembly Bill 1866 made more substantive amendments to the SDU Law in response to the relatively low number of SDUs that were being constructed throughout the state. On September 27, 2016, Governor Jerry Brown signed Senate Bill 1069 and Assembly Bill 2299, which amended Section 65852.2 of the Government Code and became effective January 1, 2017. The new Accessory Dwelling Unit (ADU) Law amended various sections of the Government Code that regulate ADUs (formerly called Second Dwelling Units) and clarifies certain requirements.
The intent of the new ADU Law is:
- to reduce the regulatory, physical and financial barriers to constructing ADUs; and
- to encourage construction of smaller, often more affordable housing options, for seniors, young adults, and others who are affected by the housing shortage in California. (Gov. Code sec. 65852.150.)
DISCUSSION
The City of Brea first adopted a SDU Ordinance in 1984 to allow SDUs in single family residential zones. An amendment to the Ordinance was adopted in 2009, eliminating the discretionary review requirement of SDU in applicable single family residential zones, granting approval through a ministerial process and reducing the minimum size requirement. With the recently adopted legislation, amendments to the City’s existing Ordinance are required.
The proposed provisions include but are not limited to:
- Change terminology in the Municipal Code from “Secondary Dwelling Units” to “Accessory Dwelling Units”.
- Include an ADU maximum size to not exceed 50 percent of the existing living area of the main unit, with a maximum floor area of 1,200 square feet for ministerial approval.
- Allow various new options to meet off-street parking requirements including tandem parking, parking within required setback areas, through covered parking and/or extended driveways.
- Allow ministerial approval of an ADU if the unit is contained within the existing space of a principal dwelling unit or accessory structure, has independent exterior access, and has side and rear yard setbacks sufficient for fire safety. As also required by the newly enacted legislation and as previously indicated above, the City’s Zoning Code will include provisions where the parking requirement for ADUs can be waived in certain instances in an effort to assist homeowners with the challenges of providing off-street parking. Parking can be waived for an ADU in any of the following circumstance:
- Located within one-half mile of public transit. The one-half mile distance is measured based on actual walking route between the ADU and the public transit rather than a straight line between points.
- Located within an architecturally and historically significant district. However, as of 2017 no significant historic districts exist within the City limits.
- Part of the existing primary residence or an existing accessory structure.
- When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
- When there is a car share vehicle located within one block of the accessory dwelling unit.The City’s Zoning Code will also include the following new language (as required in Government Code Section 65852.2) which will be incorporate into the existing development standards in the Municipal Code related to ADUs:
- No setback shall be required for an existing garage or an existing accessory building that is converted to an ADU.
- A setback of not more than 5-feet from the side and rear lot lines shall be required for an ADU that is constructed above a garage.
- An ADU shall provide one (1) additional off-street parking space in addition to the required parking for the existing dwelling unit. This additional parking space may be covered or uncovered and may be provided as tandem parking on an existing driveway.
- An ADU may exceed the ministerially permitted size with the approval of a Certificate of Compatibility set forth in section 20.408.050.
- Allow ADUs in all residential zones, including single family and multifamily residential zones.Textual changes to the existing Zoning Code as briefly outlined above are fully identified in Exhibit “A” (see Resolution, Attachment 1 Exhibit “A” – Draft Ordinance) to comply with State standards as outlined in Senate Bill 1069 and Assembly Bill 2299. The proposed changes are considered routine in order to comply with the mandates from the State. Therefore, it is recommended the Planning Commission approve a Resolution recommending the City Council approve Zone Change 17-02 for amendments to Title 20 “Zoning” of the City of Brea Municipal Code to continue to allow for Ministerial approval of ADUs in single family and multifamily residential zones pursuant to the requirements of SB 1069 and AB 2299, as outlined in the attached resolution.
ENVIRONMENTAL ASSESSMENT
The City of Brea has determined that the proposed project is exempt from CEQA pursuant to CEQA Guidelines Section 15282(h), “The adoption of an ordinance regarding second units in a single family or multifamily residential zone by the city or county to implement the provisions of Section 65852.1 and 65852.2 of the Government Code as forth in Section 21080.17 of the Public Resource Code”, of the California Environmental Quality Act Guidelines.
ALTERNATE PLANNING COMISSION ACTIONS
- Amend the proposed Ordinance
- Deny
- Continue the item
Attachments
- Public Hearing Legal Notice
- Code Amendment Summary
- Draft Resolution
- Draft Ordinance
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