MEETING DATE April 21, 2022
APPLICATION NUMBER MCA22-036
RECOMMENDATION
Conduct a Public Hearing and Recommend a Zoning Ordinance Text Amendment to the City Council repealing Chapter 17.82, Second Dwelling Units, and adding Chapter 17.82, Accessory Dwelling Units (File No. MCA22-036).
Project InFORMATION
APPLICANT
City of Manteca
PROPERTY OWNER
Various
General Plan Designation
Various
Zoning:
All zones where ADUs are permissible
Existing Use:
Residential
Proposed Use:
N/A
Parcel Size
N/A
Project Description
The project is a City-initiated Zoning Ordinance Text Amendment to amend regulations for accessory dwelling units (ADUs) within the City of Manteca (MCA22-036). The proposed amendments would modify the Municipal Code in Chapter 17.82 and include regulations for ADUs to comply with Government Code Sections 65852.2 and 65852.22.
PROJECT LOCATION
The proposed Municipal Code Amendment will benefit those parcels that allow residential use throughout the City of Manteca.
PROJECT Background
In 2011, the City Council adopted an ordinance comprehensively amending the Zoning Code. Some of those amendments regulated Second Dwelling Units within the City of Manteca. Those amendments to the City’s regulations were enacted to comply with the State legislation in effect at that time, set forth in Government Code Sections.
Since that time, the Governor signed into law several bills in 2019 and 2020 that amended Government Code sections 65852.2 and 65852.22 to impose additional limits on local authorities to regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). The purpose of these laws was to streamline the approval and permitting process and to encourage the construction of ADUs. Because ADUs and JADUs present opportunities to substantially increase the number of housing units throughout the state in existing residential neighborhoods, they are important to meet growing housing demand and decrease housing costs in California. The new statewide legislation took effect on January 1, 2021, and nullified the City’s current, non-compliant ADU ordinance.
ANALYSIS
The proposed ordinance amends the City’s zoning regulations related to ADUs and JADUs to comply with the newly amended provisions of Government Code sections 65852.2 and 65852.22.
At present, the City’s ADU regulations in Manteca Municipal Code Chapter 17.82, “Second Dwelling Units” were nullified and superseded by State law, which took effect in January 2020 and January 2021. The City’s authority to review and approve ADUs and JADUs is limited to the application of the few standards provided in Government Code sections 65852.2 and 65852.22. Staff has prepared amendments to the Chapter that will bring the City’s regulations for ADUs and JADUs into compliance with current State law, while also adding local development standards that are appropriate to the context of Manteca’s residential neighborhoods.
The Planning Commission Resolution No. 1590 and draft City Council Ordinance include proposed changes to the sections of the Zoning Code that regulate ADUs. These amendments will preserve the City’s authority to review and approve ADUs and JADUs according to locally appropriate standards for building height, floor area, and architectural and landscape review.
The following is a summary of the new state requirements for ADUs, contained with Government Code 65852.2 and 65852.22 that have been incorporated into the proposed amendments to the City’s zoning ordinance:
ADUs must be allowed in all zoning districts where residential uses are permitted. Local discretion for location of ADUs may be based only on the adequacy of water and sewer services, traffic circulation, and public safety considerations.
Permit applications for ADUs and JADUs meeting certain objective criteria must be reviewed ministerially without discretionary review. Local jurisdictions must act on applications for ADUs and JADUs within 60 days from the date of receipt of a complete application.
No minimum lot size standard to allow an ADU may be imposed.
An ADU or JADU may be rented separately from the primary residence but may not be sold or otherwise conveyed separately from the primary residence.
No owner occupancy requirement may be imposed for ADUs through January 1, 2025. For JADUs, the property owner must occupy either the single-family residence or the JADU. “Interior” or converted ADUs or JADUs (entirely within the space of an existing single-family dwelling or accessory structure) must be allowed with the following applicable standards:
No minimum setback requirements. These units must comply with building and fire codes for safety based on the existing setbacks.
The unit must have separate exterior access from the primary residence.
Up to 150-square feet of additional floor area must be allowed to accommodate ingress and egress.
New detached ADUs with four-foot minimum side and rear setbacks, 800-square foot maximum floor area, and sixteen-foot height limit must be allowed with a building permit only.
For multi-family residential lots, a number of ADUs equal to 25 percent of the number of existing dwelling units on the property may be converted within areas of the building not used as livable space.
For multi-family residential lots, up to two detached ADUs are allowed with a height limit of sixteen feet and minimum side and rear setbacks of four feet.
ADUs must be allowed to have a maximum floor area of at least 850 square feet for a one- bedroom unit and 1,000 square feet for a two-bedroom unit.
The maximum floor area for an attached ADU on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the primary dwelling.
Parking:
The maximum off-street parking that may be required for an ADU is one space. No off- street parking may be required for a JADU.
If any of the following circumstances apply, no off-street parking is required for an ADU:
The property is located within a half mile walking distance of public transit A car share vehicle is located within one block of the property The property is located within an architecturally and historically significant historic district The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure on-street parking permits are required but not offered to the occupant of the ADU o If a garage, carport or covered parking structure is converted to an ADU or demolished to allow construction of an ADU, no replacement of those off-street parking spaces is required.
No impact fees may be required for JADUs or for ADUs less than 750 square feet. For ADUs 750 square feet or greater, impact fees must be assessed proportionally in relation to the square footage of the primary residence.
Capacity fees and connection charges (sewer and water) and separate utility connections shall be determined at the issuance of a building permit for all ADUs.
The proposed zoning text amendments modify regulations related to ADUs and JADUs to comply with Government Code Sections 65852.2 and 65852.22, as recently amended. These amendments also include new development standards that reflect the local context of residential neighborhoods and development patterns in Manteca. Adoption of the zoning text amendments would allow the City to streamline the approval process for and encourage development of ADUs and JADUs, as required under State law, while continuing to enforce its local regulations and further the goals of the General Plan.
A finding is a statement of fact relating to the information that the Planning Commission has considered in making a decision. Findings shall identify the rationale behind the decision to take a certain action.
The following are the required findings for approval of a zoning amendment:
Zoning Code Text Amendment (Chapter 17.82 – Accessory Dwelling Units) The proposed amendment is consistent with the General Plan Analysis: The amendments implement LU-P014 of the Land Use Element, which speak to the need to provide a variety of housing types suited to a range of household types (e.g. individuals, families) and income levels. The zoning amendments would also implement H-P-25 and H-P-26 of the Housing Element, which speak to the streamlining, reducing permitting costs, and encouraging of a variety of housing unit types, adding diversity in terms of unit size and cost. Adoption of the proposed amendments to the zoning ordinance would make it easier, faster, and more cost-efficient for property owners to create ADUs and JADUs, which are typically smaller housing unit types that tend to be inherently more affordable. Adding more ADUs and JADUs within the City’s existing neighborhoods would greatly help to meet local housing demand, especially for smaller households with lower- to moderate incomes such as students, single working individuals, and seniors.
In addition, consistent with Government Code Section 65852.2(a)(1)(C), the proposed zoning amendments include a provision stating that ADUs and JADUs are a residential use that is consistent with the existing general plan designation for the subject property.
The proposed amendment will not adversely affect the public health, safety and welfare.
Analysis: The proposed zoning amendments introduce new, streamlined review procedures and standards for ADUs and JADUs to ensure that future units are compatible with surrounding single-family residential uses and avoid potential impacts (e.g. to privacy and solar access) on adjacent properties. In this respect the amendments will serve to protect neighborhood character and property owner rights, thereby maintaining the public health, safety, and welfare.
ENVIRONMENTAL REVIEW
The proposed amendment is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15282(h) (adoption of an ordinance regarding second units in a single-family or multifamily residential zone). Under California Public Resources Code section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s accessory dwelling unit law, and which also regulates junior accessory dwelling units, as defined by section 65852.22.
Report prepared by: Brad Wungluck, Deputy Director of Development Services Attachments:
Planning Commission Resolution No. 1590
Redline Copy of Table 17.30.020-1
Draft City Council Ordinance
Reviewed by:
_________________________________________________ _____________ Chris Erias, Development Services Department Director Date ATTACHMENT 2
City of Manteca Planning Commission
AGENDA REPORT