The State Legislature first adopted regulations for Second Dwelling Units (SDU) 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 second units 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 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 to be effective January 1, 2017. The new Accessory Dwelling Unit (ADU) Law amended various sections of the Government Code regulating 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.)
First reading of Ordinance 1203 was February 6, 2018.
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, changing the discretionary review to a ministerial process for a SDU in applicable single family residential zones 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:
- Changing terminology in the Municipal Code from “Secondary Dwelling Units” to “Accessory Dwelling Units”.
- Allowing ADUs in all residential zones, including single family and multifamily residential zones.
- Including a maximum floor area of one thousand (1,000), two hundred (1,200) square feet for ministerial approval.
- Including the ability to exceed one thousand, two hundred (1,200) square feet through the Certificate of Compatibility process with a maximum size not to exceed fifty (50) percent of the existing living area of the main unit
- Allowing 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.
- Allowing various new parking options to meet off-street parking requirements including tandem parking, parking within required setback areas, covered parking and/or extended driveways.
The new Legislation requires local agencies to waive parking requirements 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:
- Property is located within one-half (1/2) mile of public transit. The one-half (1/2) mile distance is measured based on actual walking route between the ADU and the public transit rather than a straight line between points.[1]
- Property is located within an architecturally and historically significant district. However, as of 2017 no significant historic districts exist within the City limits.
- The ADU is 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 ADU.
- When there is a car share vehicle located within one (1) block of the property with the ADU. However, as of 2017 there are no existing car share vehicle locations within the City limits.
Finally, some specific changes to the development standards are required by the new legislation (Government Code Section 65852.2):
- No additional 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 five (5) feet from the side and rear lot lines shall be required for an ADU constructed above or onto 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.
- In situations where the existing two (2) car garage spaces are converted to or displaced for an ADU and one (1) additional parking space is provided for the ADU, then the replacement parking spaces for the primary residence may be covered, uncovered, tandem, or spaces created by mechanical automobile parking lifts.
Textual changes to the existing Zoning Code as briefly outlined above are fully identified in Exhibit “A” (see Resolution, Attachment 2 Exhibit “A” – Draft Ordinance) to comply with State standards as outlined in Senate Bill 1069 and Assembly Bill 2299. The proposed changes are required in order to comply with the mandates from the State.
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.
[1] A major transit stop is defined as a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods (Pub. Res. Code § 21064.3).
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