BACKGROUND
The State of California first adopted regulations for Second Dwelling Units (SDUs) in 1982. In response, the City adopted Ordinance No. 760 in 1984 and has allowed SDUs in single-family zones. Since that time, California adopted subsequent amendments to the original law in 1986, 1990, and 1994. In 2002, the California legislature approved Assembly Bill (AB) 1866, which prohibited municipalities from requiring a Conditional Use Permit for SDUs. In response, and in accordance to AB 1866, the City Council amended the regulations for SDUs to allow ministerial approval of SDUs through a Plan Review process.
In 2016, California passed three bills related to SDUs: Senate Bill (SB) 1069, AB 2299, and AB 2406. This resulted in a terminology change from Second Dwelling Units to Accessory Dwelling Units (ADUs). In response to these changes in State law, City Council adopted a new ADU Ordinance in 2018 that implemented provisions from State law (Attachment D).
In an effort to help increase the State’s affordable housing supply, Governor Newsom signed into law SB 13, AB 68 and AB 881 on October 9, 2019, which made further changes to existing ADU and JADU regulations in California Government Code Sections 65852.2 and 65852.22. Below is a summary of the significant changes to State law:
- Allows ADUs and JADUs on lots with single-family homes.
- Allows property owners to construct or establish ADUs in multiple-family residential zones.
- Modifies the way municipalities can assess impact fees, in part by prohibiting the imposition of impact fees on ADUs less than 750 square feet in area. For any ADU over 750 square feet, any assessed impact fees on the ADU must be in proportion to the square footage of the primary main dwelling.
- Prohibits local agencies from requiring replacement parking when parking is demolished in conjunction with the construction of or conversion to of an ADU.
- Eliminates minimum lot size requirements.
- Prohibits setback requirements for an ADU that is located in the same location with the same dimensions as an existing structure, whether the ADU is a conversion or a new structure in the same location. The maximum rear yard and side setback for all other ADUs is four feet.
- Removes the authority to impose an owner-occupancy requirement for ADUs; JADUs are still subject to the owner-occupancy requirement.
Implementation of SB13, AB 68 and AB 881 became mandatory for municipalities as of January 1, 2020. Under those bills, municipalities had the option to default to State law for regulations regarding ADUs and JADUs or adopt an ordinance compliant with State law. The City of Brea has initiated the adoption of a new ADU and JADU Ordinance to comply with State law.
DISCUSSION
An ADU, previously referred to as a granny flat, second dwelling unit, or in-law quarters, is defined as “an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.”
The proposed zoning text amendment would modify the following chapters of the BMC:
- 20.00 (General Provisions)
- 20.200 (Single Family Residential – Hillside Zone)
- 20.206 (HR Hillside Residential Zone)
- 20.208 (R1 Single Family Residential Zone)
- 20.212 (R1 5,000 Single Family Residential Zone)
- 20.216 (R2 Multiple Family Residential Zone)
- 20.220 (R3 Multiple Family Residential Zone)
- 20.258 (Mixed-Use Zoning Districts)
The following is a summary of the provisions included in the attached ADU/JADU ordinance.
Junior Accessory Dwelling Units: The proposed zoning ordinance amendment establishes a definition for a JADU and development standards, in accordance with state law. A JADU is defined as “a unit that is no more than 500 square feet in size and contained entirely within a single-family residence.” The JADU may include separate sanitation facilities or may share sanitation facilities with the existing dwelling. A JADU would be created through the conversion or repurposing of existing area within the primary single-family dwelling and does not require any off-street parking. In accordance with state law, Staff has included a requirement for the recordation of a covenant that requires owner occupancy for any single-family dwelling with a JADU. With the introduction of JADU requirements, single-family-zoned lots may be eligible to propose one ADU and one JADU, which would result in a total of three (3) units on one lot (including the existing dwelling unit).
Size, Setbacks, and other Development Standards: State law modified existing regulations and the City’s ability to regulate unit size, setbacks, and other development standards for ADUs and JADUs. State law prohibits cities from requiring compliance with applicable development standards of the underlying zone for an ADU that meets the following standards: is equal to or less than 800 square feet, less than 16 feet in height, and maintains a side and rear setback of four feet. ADUs that meet these standards are allowed through the issuance of a building permit. ADUs over 800 square feet are subject to applicable development standards of the underlying zone and specific standards for ADUs. Additionally, cities may no longer impose a minimum lot size requirement for ADUs.
Review Process
Staff is proposing a tiered review process for ADUs based on the number of bedrooms and size as noted in the following table (Table A):
| Table A: Proposed ADU Tiered Review Process |
| |
City of Brea Proposed -
Building Permit Only Process |
City of Brea
Proposed - Certificate of Compatibility |
| Studio / 1-bedroom |
Up to 850 SF1 |
> 851 SF2 |
| 2-bedroom & more |
Up to 1,000 SF1 |
> 1,001 SF2 |
1. Subject to a 16-foot height limitation with a 4-foot side- and rear-yard setback requirement if the applicable zoning development standards would prohibit the construction of an ADU greater than 800 square feet. Otherwise, ADUs are subject to applicable development standards of the underlying zone.
2.Subject to a Certificate of Compatibility per §20.408.050 of the Brea Municipal Code. |
Additionally, staff is proposing a minimum building separation of ten (10) feet from the external walls of the primary dwelling unit. The minimum building separation only applies to new construction and is not required for an existing garage or other accessory structures that are converted into an ADU.
Multi-Family Residential Zones: State law now allows properties developed with multi-family units to construct an ADU. The City must allow for the conversion of non-livable spaces in existing multifamily dwelling structures into ADUs. Such non-livable spaces include storage rooms, boiler rooms, passageways, attics, basements, and garages. A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and up to 25 percent of the existing multifamily dwelling units. For example, an 8-unit development with attached parking garages could convert up to two (2) of the parking garages into ADUs (8 x .25 = 2). State law does not require the property owner to replace the parking spaces removed for the ADU nor require parking for the ADU. Separately, an existing multi-family dwelling can request to build no more than two (2) detached ADUs on the property. The detached ADU is subject to a 16-foot height limitation with a four-foot side- and rear-yard setback requirement.
Parking: In general, an ADU is required to provide one (1) additional off-street parking space in addition to the required parking for the primary unit. The additional parking space may be covered or uncovered and subject to all parking space location, dimension and surface requirements listed in Section 20.208.040.K of the BMC. There are exemptions for parking for an ADU as noted in Section No. 9 of the Draft Ordinance. There are no parking requirements for JADUs.
Architectural Compatibility: State law allows cities to impose design standards for an ADU. Staff is proposing that each ADU be designed to match the existing dwelling, including, but not limited to color, style, and materials.
The attached Summary of Development Standards (Attachment B) demonstrates the applicable requirements based on the size and type of accessory unit.
SUMMARY
The proposed amendments are in response to compliance with updates to State law pertaining to ADUs and JADUs. The new State law includes specific provisions that municipalities must implement; however, the legislation gives the City some discretion to establish standards in its ADU ordinance. Staff has proposed the requirements in the new ADU ordinance to minimize impacts to surrounding and existing residential neighborhoods while facilitating the ability to create ADUs and JADUs in compliance with State law. Staff recommends that the Planning Commission, by motion, recommend approval of the proposed Zoning Text Amendment to the City Council.
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