BACKGROUND:
Chapter 9.114 regulating accessory dwelling units (ADUs) was adopted on September 14, 2022. An ADU is defined as an attached or a detached residential unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residential unit. Junior ADUs (JADUs) are units with no more than 500 square feet and contained entirely within the structure of an existing or proposed single residential unit. ADUs are allowed in any zone that allows residential use on a lot developed or proposed to be developed with one or more residential unit(s).
Senate Bill (SB) 897 and Assembly Bill (AB) 2221 both took effect on January 1, 2023, and include numerous changes to the state ADU laws. The changes effectuated by these new state laws include an increase to the maximum building height limit and a number of technical changes intended to make ADUs easier to build. These bills necessitate amendments to Chapter 9.114 to be consistent with the new state regulations.
The Planning Commission discussed the proposed changes to the ADU regulations on October 18, 2023, as well as new legislation from the most recent session signed into law prior to the October 18th meeting.
On November 1, 2023, the Planning Commission conducted a public hearing on a proposed amendment to Chapter 9.114 Accessory Dwelling Units and voted to recommend City Council adoption of an ordinance to amend Chapter 9.114.
DISCUSSION:
Proposed Amendments
Staff has included two additional attachments to assist the City Council in their review and consideration of the proposed ordinance. A Redline Exhibit of Revisions to Ch.
9.114 shows the proposed changes in redline format. The second attachment is an ADU Code Comparison Matrix. This attachment lists each proposed change contained in the draft ordinance and compares it to existing regulations. Notable changes include:
•The building height of a detached ADU can be between 16 feet to 18 feet high. •The building height of an attached ADU cannot exceed the height limitation that applies to the primary dwelling, or 25 feet whichever is lower. In the R1 zones (excluding those in a limited height overlay) the maximum height for a primary dwelling is 26 feet.
•A detached ADU must maintain 5-foot separation from other structures, including the main dwelling, except when the separation precludes a permitted use. In these instances, a lesser setback would be permissible. •An ADU is required to be located to the rear or side of a primary dwelling. The prohibition of not allowing an ADU in front of the primary dwelling cannot be enforced if it is not possible to build an 800 square foot ADU to the rear or side of the primary dwelling with 4-foot setbacks. The encroachment into the front must be sufficient to allow construction of at least an 800 square foot ADU.
The ordinance before the City Council proposes additional changes to the ADU regulations, both in support of SB 897 and AB 2221 and other minor changes to clarify language and otherwise facilitate ADU construction. The changes do not significantly change the City’s ADU review process or alter the operation of ADUs.
New Legislation
In addition to SB 897 and AB 2221, which made several changes to the development standards for ADUs and allows ADUs to be sold separately under certain conditions related to affordability, three other Bills were enacted and are discussed briefly below.
AB 976 prohibits a local agency from imposing an owner-occupied requirement on any accessory dwelling unit. Existing ADU regulations place owner-occupied requirements on JADUs and the proposed ordinance has been amended to incorporate the new law.
AB 1332 does not require any changes to ADU regulations. This Bill is intended to facilitate the building of ADUs by allowing a contractor to submit ADU plans for pre- approval, essentially creating an ADU “standard plan”. The pre-approved ADU plan along with contractor information is then posted on the City’s website and any property owner could then submit those pre-approved plans to the local agency, and the agency must approve or deny the ADU application that utilizes pre-approved plans within 30 days. The City must implement this program by January 1, 2025.
AB 1033 is different. It is not a mandate. AB 1033 allows a city to adopt an ordinance that would allow for the separate conveyance of ADU’s from the primary dwelling unit, in other words to create a condominium development of up to 3 units. There are certain conditions that must be met such as complying with the Davis Stirling Common Interest Development Act, subdivision map act and local subdivision ordinance, and lienholder’s consent is required.
The ordinance before the City Council does not include any revisions related to AB 1033.
FISCAL IMPACT:
Other than Staff and City Attorney costs, implementation of the ordinance will not adversely impact the City’s fiscal resources as all filing and permit fees remain in place.
FIVE-YEAR STRATEGIC PLAN:
Goal F - EMBRACING, INCLUSIVE COMMUNITY
Objective: Cathedral City is valued and respected as a community that welcomes and embraces diversity, has an abundance of high quality and affordable housing options and vibrant businesses. Our neighborhoods are attractive, well-maintained, and issues surrounding homelessness have been compassionately addressed with thoughtful, coordinated, and collaborative programs.