DISCUSSION
As a means to address a statewide housing crisis, new State law, effective January 1, 2017, reduces barriers and makes it easier for owners to construct smaller, subordinate residential units, known as Accessory Dwelling Units (ADUs), on existing residential properties, thereby taking advantage of existing infrastructure and services, reducing the cost associated with new land purchase and development, and accommodating extended families, seniors aging in place, students and other groups. In March the Board adopted a resolution if Intent to amend the County Zoning Plan to accommodate ADUs and directed Resource Management to develop an ordinance for consideration.
Planning staff has met with various groups and individuals representing realtors, housing advocates and builders, and have examined similar ordinances from other California counties and cities.
Consistent with the new law, and the Board’s direction, the draft ordinance allows broad application of ADUs, and establishes development standards designed to maintain architectural compatibility, neighborhood character and public health. The draft ordinance also establishes that ADUs that comply with state law and local ordinance are classified as residential accessory structures and as such shall not be considered to exceed the allowable residential density established in the General Plan and Zoning.
The main provisions of the ordinance include the following: A statement of intent to reduce barriers to affordable housing and provide additional housing options for extended family, the elderly, veterans, care providers and others; ADUs may be established in any zone that allows a one-family residence by right; only one ADU may be permitted on a legal lot; an ADU may not be sold separately from the main residence and may not be used as a short term rental; the living space of an ADU shall not be more than 50% of the living space of the main residence, or 1,200 square feet, whichever is less; on lots less than one acre that use onsite wastewater treatment, an ADU must be served by public water and be attached to the main residence or converted from an existing accessory structure; an ADU must meet applicable building, zoning, environmental health and fire codes; exceptions from development standards related to size, minimum acreage, location on the lot, parking and size of attached garage may be considered.
The ADU ordinance is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080.17, which provides, in pertinent part, that CEQA does not apply to adoption of an ordinance to implement the provisions of Government Code section 65852.2 “Provisions for accessory dwelling unit ordinances,” and on that basis adoption of the ordinance is exempt from CEQA. Additionally, the adoption of this ordinance is categorically exempt from CEQA in conformance with CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment). Each exemption stands as a separate and independent basis for determining that this ordinance is not subject to CEQA.
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