ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: D2
Prepared by: John Conley, City Manager Meeting Date: December 12, 2023 Approved by: John Conley, City Manager Agenda Location: Discussion SUBJECT: ACCESSORY DWELLING UNIT REGULATIONS
RECOMMENDATION: Discuss the City’s current regulations for accessory dwelling units (ADUs) and provide direction to staff regarding any proposed changes.
CORRELATION TO CITY COUNCIL GOALS: Homelessness and Housing.
PRIOR ACTION: On October 4, 2022, introduced and adopted City Council Ordinance No. 2022-16, amending Chapter 18.31 of the Vista Development Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units (Vote: 4-0, Green absent).
On August 13, 2019, introduced and adopted City Council Ordinance No. 2019-11, amending Chapter
18.31 of the Vista Development Code regarding Accessory Dwelling Units (Vote: 4-1, Rigby opposed).
A complete list of prior actions related to the City’s accessory dwelling unit regulations is included as Exhibit 1.
STATEMENT ON THE SUBJECT: Councilmember O’Donnell requested the City Manager place an item on a future agenda to discuss the City’s accessory dwelling unit (ADU) regulations. The focus of the request to review the current regulations is the number of bedrooms permitted in an ADU.
Councilmember O’Donnell also asked to discuss the development of pre-approved plans for ADUs. A brief background on each of these items is provided below.
Number of Bedrooms Permitted in an ADU. Development Code sections 18.31.050.A.1 and A.2 limit the number of bedrooms permitted in an ADU to two bedrooms. The maximum number of bedrooms permitted in an ADU was established when the regulations were last amended in 2022 (City Council Ordinance No. 2022-16 (Exhibit 2)). The two-bedroom limit was established consistent with State law (California Government Code section 65852.2) which requires public agencies to allow more than one bedroom in an ADU; however, an agency may allow more than two bedrooms at their discretion.
Currently, the maximum ADU size for a detached or attached two-bedroom unit is 1,200 square feet; additionally, a two-bedroom attached ADU cannot exceed 50 percent of the floor area of the primary residence. Parking requirements for ADUs are provided per unit and, therefore, would not be affected by a change in the number of bedrooms allowed. If the City Council would like to change the number of bedrooms permitted in an ADU, staff would prepare an ordinance for the Planning Commission’s recommendation and ultimately the City Council’s review.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Discussed the City's current regulations and for accessory dwelling units (ADUs) and provided direction to staff regarding any proposed changes.
Vote: 5-0.
MEETING DATE: December 12, 2023 PAGE 2
SUBJECT: ACCESSORY DWELLING UNIT REGULATIONS
Pre-Approved ADU Plans. Two other jurisdictions in San Diego County have pre-approved building plans for ADUs, the City of Encinitas and the County of San Diego. The City of San Diego has also adopted an allowance for these agencies’ pre-approved plans to pass through their permitting division.
The pre-approved plan sets cover a range of ADU sizes, from studio units up to three-bedroom, three-bath units. The adoption of pre-approved plans can save an applicant an estimated $10,000-$15,000 in costs for architectural design services. The cost for the City to develop pre-approved plans depends on the direction received from City Council. The City may adopt ADU plans that have already been prepared by other local jurisdictions with minimal cost. If the City Council elects to have new plans prepared, staff estimates the cost would be approximately $40,000 - $50,000 to prepare plans for three to four different floor plans. Following the direction from City Council, staff will research the available options and report back to the City Council with final floor plan recommendations and costs.
FISCAL IMPACT: There is no direct fiscal impact related to this discussion item.
EXHIBITS:
1.Prior City Council Actions
2.City Council Ordinance No. 2022-16
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EXHIBIT 1
Prior City Council Actions
On October 4, 2022, introduced and adopted City Council Ordinance No. 2022-16, amending Chapter 18.31 of the Vista Development Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units (Vote: 4-0, Green absent).
On August 13, 2019, introduced and adopted City Council Ordinance No. 2019-11, amending Chapter 18.31 of the Vista Development Code regarding Accessory Dwelling Units (Vote: 4-1, Rigby opposed).
On October 24, 2017, introduced and adopted City Council Ordinance No. 2017-17, amending titles 17 and 18 of the Development Code to update various grading and zoning regulations (Vote: 5-0).
On August 11, 2009, introduced and adopted City Council Ordinance No. 2009-16, adding Chapter 18.90 to the Vista Municipal Code relating to Residential Density Bonus (Vote: 4-0, Campbell absent).
On May 27, 2003, adopted City Council Ordinance No. 2003-15, amending Chapter 18.31 of the Vista Development Code pertaining to Second Units (Vote: 4-0, Campbell absent).
On December 13, 1994, adopted City Council Ordinance No. 1994-20, amending the Second Unit (Granny Flat) Ordinance provisions, making them applicable to the R-M Zone as well as Single-Family zones, and deleting age and familial status restrictions (Vote: 5-0).
On February 23, 1993, adopted City Council Ordinance No. 1993-2, adopting an ordinance for regulatory second units on a single-family zoned lot (Vote: 5-0). 12/12/2023 D2 3 of 12
EXHIBIT 1
ORDINANCE NO. 2022-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 18.31 OF THE VISTA
DEVELOPMENT CODE REGARDING ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.
B. The California State Legislature has approved, and the Governor has signed into law, Assembly Bill (AB) 68 (Ting), AB 345(Quirk-Silva), AB 670 (Friedman), AB 671 (Friedman), AB 881 (Bloom), AB 3182 (Ting), and Senate Bill (SB) 13 (Wieckowki), which amend the California Governement Code to modify development standards and the review process for the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units JADUs).
C. These legislative amendments provide that any existing ordinance governing the development of ADUs and JADUs which fail to meet the requirements of the Government Code, specifically sections 65852.2 and 65852.22, shall be null and void.
D. The City must amend its ADU and JADU regulations to comply with the amended provisions of Government Code Sections 65852.2 and 65852.22 to preserve community character and ensure the health and safety of its residents, orderly development, and compliance with the City's zoning requirements and building regulations.
E. This ordinance is exempt from review under the California Environmental Quality Act(CEQA) because this ordinance is covered by the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment(CEQA Guidelines Section 15061(b)(3)).
2. Code Amendment.
A. Development Code Chapter 18.31, Accessory Dwelling Units, is amended as follows:
Chapter 18.31
Accessory Dwelling Units
Sections:
18.31.010 Definitions
18.31.020 Zones
18.31.030 Requirements for an Accessory Dwelling Unit
18.31.040 Number of Accessory Dwelling Units
18.31.060 Size
18.31.060 Setbacks
18.31.070 Height Regulation
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EXHIBIT 2
ORDINANCE NO. 2022-16
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
18.31.080 Parking
18.31.090 Architectural Consistency
18.31.100 Requirements for a Junior Accessory Dwelling Unit
18.31.110 Fees
18.31.120 Submittal Requirements and Application Processing Section 18.31.010 Definitions
Accessory Dwelling Unit" means an attached or detached residential dwelling unit which 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 Primary Residence is situated.
An accessory dwelling unit (ADU) may take the following forms:
Attached" means the accessory dwelling unit is attached to the Primary Residence.
Detached"means the accessory dwelling unit is separated from the Primary Residence.
Repurposed Existing Space" means existing space within the Primary Residence(e.g., master bedroom) has been converted into an independent living unit, or an accessory dwelling unit.
Existing Space" for the purpose of defining an allowable space that can be converted to an accessory dwelling unit means within the four walls and roofline of any structure that has been legally permitted and occupied,that can be made safely habitable under local building codes at the determination of the Building Official regardless of any noncompliance with zoning standards.
Junior Accessory Dwelling Unit" means a unit that is no more than 500 square feet in size and contained entirely within an existing one-family dwelling. Ajunior accessory dwelling unit JADU)may include separate sanitation facilities or may share sanitation facilities with the existing structure.
Primary Residence" means the first existing dwelling structure erected on a parcel used exclusively for residential purposes. A Primary Residence may be a one-family dwelling or multiple dwelling.
Public Transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
Section 18.31.020 Zones
A. An attached or detached accessory dwelling unit or junior accessory dwelling unit is permitted in the following zones: R-1- 13, R-1, E-1, A-1, O-R, R-M and M-U zones, and all areas within specific plans that allow one-family dwellings by right.
B. An accessory dwelling unit located within repurposed existing space is permitted on any lot in a zone that allows one-family or multiple dwellings by right.
Section 18.31.030 Requirements for an Accessory Dwelling Unit An accessory dwelling unit shall be permitted provided all of the following standards are met:
A. No building code violation exists on the lot which the accessory dwelling unit is to be located that is necessary to correct to protect public health and safety, as determined by the City Building Official.
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B. The accessory dwelling unit is not intended for sale separate from the Primary Residence, unless sold or conveyed separately to a qualified buyer in compliance with California Government Code Section 65852.26.
C. Minimum rental term of no less than 30 consecutive days.
D. The accessory dwelling unit is located on the same lot as the existing Primary Residence.
E. Local building code requirements shall apply to the accessory dwelling unit, as appropriate.
F. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the Primary Residence.
G. Building addressing and house numbers shall conform to the provisions of Chapter 19.04, Street Names and Building Numbers. The units must share the same address number and additional unit number can be assigned to differentiate the units.
H. The Primary Residence and the Accessory Dwelling Unit may be constructed simultaneously, or the primary residence constructed first at all times, provided that all requirements of this chapter are satisfied.
I.Manufactured homes, as defined in the California Health and Safety Code Section 18007, may be used as an accessory dwelling unit. Units must be placed on permanent foundation and connected to utilities. Homes mounted to a chassis with wheels are classified as Recreational Vehicles (RV) and cannot be used as a permanent residence and/or ADU.
J. As of January 1, 2020, all newly constructed non-manufactured detached accessory dwelling units are subject to the same solar photovoltaic(PV) requirements as new homes.
Section 18.31.040 Number of Accessory Dwelling Units
A. Primary Residence is a One-Family Dwelling
1. One accessory dwelling unit and junior accessory dwelling unit shall be allowed when all of the folllowing apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a one-family dwelling or existing space of a one-family dwelling or accessory building, and may include an expansion of not more than 150 square feet beyond the physical dimensions of the existing accessory building. An expansion beyond the physical dimensions of the existing accessory building shall be limited to accomodating ingress and egress.
b. The unit has exterior access from the proposed or existing one- family dwelling.
C. The side and rear setbacks are sufficient for fire and safety. d. The junior accessory dwelling unit complies with all other junior accessory dwelling requirements outlined in this Ordinance.
2. One detached new construction accessory dwelling unit shall be allowed subject to the following:
a. A minimum 4-foot side and rear yard setbacks.
b. A maximum square footage of 850 square feet in floor area if fewer than two bedrooms, or a maximum square footage of 1,200 square feet in floor area if two bedrooms.
C. A height of 16 feet.
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ORDINANCE NO. 2022-16
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
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3. An accessory dwelling unit constructed under subsection (2) above may be combined to allow a junior accessory dwelling unit in the manner described in subsection (1) above.
4. In accordance with California Government Code Section 65852.22, only one junior accessory dwelling unit is permitted per lot.
B. Primary Residence is a Multiple Dwelling
1. A maximum of two detached accessory dwelling units may be constructed on a lot which contains an existing multiple dwelling unit, so long as the accessory dwelling units are no more than 16 feet in height and have at least 4 foot side and rear yard setbacks.
2. Within an existing multiple dwelling, multiple accessory dwelling unit may be converted from areas not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with applicable fire and building code requirements. At least one such accessory dwelling unit conversion, and up to 25 percent of the existing multiple dwelling units, is permitted under this subsection.
3. Junior accessory dwelling units are not permitted on lots with multiple dwellings.
Section 18.31.060 Size
A. Maximum Size for Accessory Dwelling Unit. The maximum size of an attached or detached new construction accessory dwelling unit shall be dependent on the Primary Residence on the lot. Any new garage or other non-inhabited accessory building that complies with the provisions of this Title shall not be counted toward the square footage of the accessory dwelling unit.
1. Detached ADU. A detached accessory dwelling unit may not exceed 850 square feet if it has fewer than two bedrooms or 1,200 square feet if it has two bedrooms. No more than two bedrooms are allowed.
2. Attached ADU. May not exceed 850 square feet if it has fewer than two bedrooms or 1,200 square feet if it has two bedrooms. No more than two bedrooms are allowed.
An attached accessory dwelling unit shall not exceed 50 percent of the floor area of the Primary Residence.
3. The conversion of an existing accessory building or a portion of the existing Primary Residence to an accessory dwelling unit is not subject to size requirements.
B. Maximum Size for Junior Accessory Dwelling Units. The maximum size of a junior accessory dwelling unit shall not exceed 500 square feet.
C. Minimum Size for ADUs and JADUs. The total floor area of any attached or detached accessory dwelling unit or a junior accessory dwelling unit shall be of a minimum area of 150 square feet, or as specified in Section 17958.1 of the California Health and Safety Code.
Section 18.31.060 Setbacks
A. Converted Space. Notwithstanding subsections B through D, no setbacks shall be required for accessory dwelling units and junior accessory dwelling units permitted under Section 18.31.040.A.1.
B. New Accessory Dwelling Unit. The front setback shall comply with that required for the primary residence on the property. A minimum setback of four(4)feet from side and rear lot lines is required for any accessory dwelling unit, attached, detached, or constructed above a garage.
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CITY COUNCIL OF THE CHARTERED CITY OF VISTA
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C. Corner Lots. Accessory dwelling units developed on corner lots shall maintain a minimum side street setback of 10 feet from the ultimate street right-of-way line of the street parallel to the side lot line.
D. Building Separation. A minimum separation of five (5)feet, measured from eave to eave, shall be maintained between a detached accessory dwelling unit and all other buildings and structures.
Section 18.31.070 Height Regulation
A. The height of an accessory dwelling unit or junior accessory dwelling unit shall not exceed one story, as measured by 16 feet to the proposed peak of roof.
B. Accessory dwelling units may be permitted as a second story of the primary residence or above a detached accessory building such as a garage or guesthouse. A second story unit shall shall not exceed 16 feet, as measured from the existing first-floor ceiling of the Primary Residence to the proposed peak of roof.
C. The foregoing height regulations shall not apply to accessory dwelling units and junior accessory dwelling units permitted under Section 18.31.040.A.1.
Section 18.31.080 Parking
A. New Parking Spaces Provided. One additional covered or uncovered parking space per unit shall be provided for the accessory dwelling unit on the lot on which the accessory dwelling unit is located, and may be provided as tandem parking within the paved driveway, or on a driveway in a side yard or rear yard as permitted in Chapter 18.54, Off-Street Parking and Loading Requirements, of the Zoning Code. The one additional parking space is in addition to the minimum number of parking spaces required for residential uses within the zoning district. Parking located in setbacks and tandem driveway parking may be denied if the Building Official makes specific findings that parking in those areas is not feasible based upon specific site or regional topographical or fire and life safety conditions.
B. Replacement Parking Spaces.
1. Accessory Dwelling Unit. A new accessory dwelling unit which eliminates existing uncovered parking spaces is required to replace parking spaces. A new accessory dwelling unit which eliminates existing covered parking spaces is not required to replace parking spaces.
2. Junior Accessory Dwelling Unit. A new junior accessory dwelling unit created within an attached garage is not required to replace parking spaces.
C. Waived Parking. Parking is not required for an accessory dwelling unit if any of the following conditions are met:
1. Unit is located within one-half mile walking distance of public transit.
2. Unit is located within an architecturally and historically significant historic district.
3. Unit is part of(i.e., contained within)the footprint of the proposed or existing Primary Residence or accessory building.
4. On-street parking permits are required but not offered to the occupant of the unit.
5. There is a car share vehicle located within one block of the unit. 12/12/2023 D2 8 of 12
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Section 18.31.090 Architectural Consistency
Accessory dwelling units, attached or detached, and junior accessory dwelling units are encouraged to incorporate the same architectural features, building materials, and color as the primary residence. These features include, but are not limited to, roofing material, roof design, fascia,exterior building finish, color, exterior doors and windows including, but not limited to, ratios of window dimensions (i.e., width to height) and window area to wall area, garage door, and architectural enhancements.
Section 18.31.100 Requirements for a Junior Accessory Dwelling Unit The requirements and standards of this subsection shall apply to junior accessory dwelling units in compliance with California Government Code Section 65852.22.
A. The owner of the Primary Residence shall occupy either the Primary Residence or the junior accessory dwelling unit.
B. The junior accessory dwelling unit cannot be sold or conveyed separately from the Primary Residence.
C. The junior accessory dwelling unit shall maintain a separate entrance from the main entrance of the existing or proposed primary residence, D. The junior accessory dwelling unit shall include an efficiency kitchen, which shall include the following: a cooking facility with appliances, and a food preparation counter and storage cabinets of reasonable size in relatlon to the size of the junior accessory dwelling unit.
E. Minimum rental term shall be no less than 30 consecutive days.
F. The owner of the property shall execute and cause the recordation of a deed restriction, in a form approved by the City Attorney, to assure compliance with the following: a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the one- family dwelling, including a statement that the deed restriction may be enforced against future purchasers, and a restriction on the size and attributes of the junior accessory dwelling unit in conformance with this Ordinance.
Section 18.31.110 Fees
A. Accessory dwelling units and junior accessory dwelling units shall be subject to all applicable plan check and inspection fees for the Building Division's review and inspection of the structure, as adopted by the City Council.
B. Development impact fees shall not apply to accessory dwelling units 750 square feet or less in size. If the unit is more than 750 square feet in size, impact fees shall apply and be calculated proportionately in relation to the primary residence square footage.
C. If levied by the school district, school impact fees shall apply to accessory dwelling units of 500 square feet or greater.
D. The property owner of an accessory dwelling unit that was constructed with a new one-family dwelling shall pay all connection fees or capacity charges for utilities, including water and sewer services. Such fees shall be proportionate to the burden of the proposed accessory dwelling unit.
E. All applicable development impact fees for an accessory dwelling unit shall be waived if: (1) the accessory dwelling unit is occupied by an eligible household during the first ten 10) years following the issuance of the certificate of occupancy for the unit; and (2)the owner of the property has executed and caused the recordation of a regulatory agreement or deed restriction, in a form approved by the City Attorney, to assure compliance with this paragraph, 12/12/2023 D2 9 of 12
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and such rules as may be necessary so that the unit is eligible to be counted towards the City's regional housing needs assessment. An eligible household shall consist of either(1) a lower income household which has a gross income which does not exceed 80 percent (80%) of the San Diego County median, adjusted by household size; or(2) a family member or caregiver providing regular care to an owner or occupant of the primary residence in need of that care. If the accessory dwelling unit is occupied by an eligible household, pursuant to above stipulation, a regulatory agreement shall be executed and recorded prior to occupancy.
Section 18.31.120 Submittal Requirements and Application Processing A. Submittal Requirements. An application for an accessory dwelling unit or junior accessory dwelling unit shall include a site plan, floor plan, and elevations.
B. 60-day Review Period. An application for an accessory dwelling unit or junior accessory dwelling in compliance with all applicable standards of this section shall be reviewed and approved ministerially by the City's Community Development Department within 60 days of receiving a complete application. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the City has not acted upon the completed application within 60 days, the application shall be deemed approved.
C. Concurrent Processing. If an application for an accessory dwelling unit or a junior accessory dwelling unit is submitted with an application to create a new primary residence on the lot, the City may delay processing the application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the application to create the new primary residence. However, the application for the accessory dwelling unit or junior accessory dwelling unit shall be reviewed and approved ministerially."
Continued on next page)
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ORDINANCE NO. 2022-16
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 8
3. Effective Date. This Ordinance shall be effective on the thirty-first day following the date of its adoption.
4. Adoption. INTRODUCED AND ADOPTED at a meeting of the City Council held on October 4, 2022 by the following vote:
AYES: Mayor Ritter, Franklin, Contreras, Melendez
NOES: None
ABSTAIN: None
JUDY 1 ER, MAYOR
APPROVED AS TO F RNI: ATTES ;
WALTER C UNG, ORNEY KATHY VALDEZ, CITY CLERK
7By- By:
APPROVED
Walter C.Chung
20220915163158
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CERTIFICATION
I, Kathy Valdez, City Clerk of the City of Vista, California, certify that I caused the foregoing Ordinance No. 2022-16 to be posted on October 5, 2022, at the following locations within the City of Vista: 1) the Reference Desk of the Vista Branch of the San Diego
County Public Library, 700 Eucalyptus Avenue; 2) the Lobby Counter at the Gloria E. McClellan Senior Center, 1400 Vale Terrace Drive; and 3) the City Clerk's Office, 200 Civic CenterDrive.
Kathy Valdez, City Clerk
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