ACTION:
____________________________
Clerk/Secretary
Department: Community Development Item No: PH2
Prepared by: Joe Vacca, Director Meeting Date: March 26, 2024 Approved by: John Conley, City Manager Agenda Location: Public Hearing SUBJECT: CODE AMENDMENT TO ALLOW 3 BEDROOM ACCESSORY DWELLING UNITS (ADUs) RECOMMENDATION:
1.Open, conduct, and close a public hearing to receive testimony regarding the Development Code Amendment to Chapter 18.31 Accessory Dwelling Units, to allow a maximum of three bedrooms (P24- 0026).
2. Adopt Ordinance No. 2024- , amending Chapter 18.31 of the Vista Development Code to allow a maximum of three bedrooms in accessory dwelling units.
3.Adopt City Council Resolution No. 2024- , amending the Operating Budget for Fiscal Years 2023/24 and 2024/25
CORRELATION TO CITY COUNCIL GOALS: Homelessness and Housing PRIOR ACTION: On December, 12, 2023, discussed the City’s current regulations for accessory dwelling units (ADUs) and provided direction to staff regarding any proposed changes (Vote: 5-0).
On October 4, 2022, introduced and adopted City Council Ordinance No. 2022-16, amending Chapter
18.31 of the Vista Development Code regarding ADUs, including allowing Junior ADUs (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 ADUs (Vote: 4-1, Rigby opposed).
PRIOR PLANNING COMMISSION ACTION: On February 20, 2024, the Planning Commission adopted Resolution No. 2024-02, recommending City Council approval of an ordinance amending chapter 18.31 of the Vista Development Code, Accessory Dwelling Units to allow a maximum of three-bedrooms (Vote: 5-1, Looney opposed).
STATEMENT ON THE SUBJECT: Accessory dwelling units (ADUs) have become more prevalent in Vista over the past recent years and have become an additional source and contributor to housing stock and, in some instances, provide affordable housing. There was a total of 71 building permits issued for ADUs in 2023 (January 1 – December 31); 40 detached ADU’s, 22 attached ADU’s and 9 Junior ADU’s.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted the following: Ordinance No. 2024-02. Vote: 4-1 (Franklin opposed); City Council Resolution No. 2024-43. Vote: 4-1 (Franklin opposed).
MEETING DATE: March 26, 2024 PAGE 2
SUBJECT: CODE AMENDMENT TO ALLOW 3 BEDROOM ACCESSORY DWELLING UNITS (ADUs) Staff have been collaborating on the work necessary for establishing standards plans for ADUs. While work on this has commenced, the process to allow for a maximum three-bedroom ADU could be completed more expeditiously by staff if certain amendments are made to the Vista Development Code.
Work on establishing standard plans is underway and is anticipated to be completed by Summer 2024.
Project Description. The proposed project amends Chapter 18.31, Accessory Dwelling Units, of the Vista Development Code, to allow a maximum of three bedrooms. The changes in the ADU ordinance are found in sections 18.31.040.A.2.b and 18.31.050.A.1 and 2. are as follows:
Section 18.31.040.A.2.b.
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 or three bedrooms.
Section 18.31.050.A.1 and 2. The amendment would amend Section 18.31.050.A.1 & 2., as follows:
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 or three bedrooms. No more than two three 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 or three bedrooms. No more than two three bedrooms are allowed. An attached accessory dwelling unit shall not exceed 50 percent of the floor area of the Primary Residence.
There are no other changes proposed to this Chapter.
Staff Review. The proposed code amendment is being presented at the direction of the City Council.
The allowance of a maximum of three bedrooms in ADUs would accommodate more persons to reside in larger ADUs (but maintaining the current maximum square footage of 1,200 square feet), and these requirements are in line with other jurisdictions in the County. Furthermore, the proposed amendments maintain an overall maximum square footage of 1,200 square feet, and, therefore, the associated development code amendments are exempt pursuant to CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption, because there is no possibility that the proposed amendments may have a significant effect on the environment. The proposed amendment would further improve the City’s ability to provide affordable housing consistent with policies in the Housing Element and the Land Use and Community Identity Element of the General Plan.
Planning Commission Recommendation. The Planning Commission reviewed the proposed project on February 20, 2024, and recommended approval of the development code amendment to allow a maximum of three-bedrooms in ADUs with a vote of 5-1. One Commissioner dissented as they felt that if the change is adopted, then three-bedroom ADUs should only be allowed on larger lots of an acre or greater; however, state laws preclude lot size restrictions for ADUs. The majority of the Planning Commission supported the staff recommendation based on a desire to provide more ADUs as housing opportunities.
Standard ADU Plans. Staff has collaborated with the County of San Diego staff and obtained authorization to use the County’s standard ADU plans in the City of Vista. County of San Diego Standard ADU plans include six floor plans, as follows:
03/26/2024 PH2 2 of 13
MEETING DATE: March 26, 2024 PAGE 3
SUBJECT: CODE AMENDMENT TO ALLOW 3 BEDROOM ACCESSORY DWELLING UNITS (ADUs) Plan Type Square Footage Bedroom (BR) & Bath count
A 1,200 3BR & 1 Bath
B 1,200 2BR & 1Bath
C 1,200 2BR & 2Bath
D 1,000 1BR & 1.5Bath
E 800 1BR & 1Bath
F 600 1BR & 1Bath
Exhibit 4 shows the County of San Diego floor plans from their website.
Upon review by the Community Development Department and Housing Division staff, it was determined that the County is missing a few plan options such as a studio ADU, which is an approximate 750 square foot ADU that qualifies for fee exemptions, and a 3-bedroom 2 bath ADU floor plan. More plan options would facilitate more variety and would create more potential interest in constructing ADUs in Vista. Staff proposes four additional standard ADU plans, which would be created by the City to provide other floor plan options above and beyond those available from the County of San Diego standard ADU plans to choose from, as follows:
1.STUDIO (499 square feet)
2.2 BED 1 BATH (745 square feet)
3.2 BED 2 BATH (749 square feet)
4.3 BED 2 BATH (1,194 square feet)
Staff is requesting City Council direction and consensus to proceed with working with an architect on creating four additional standard ADU plans, as outlined above.
FISCAL IMPACT: Approval of the staff recommendation will also amend the City’s Operating Budget by transferring $40,000 from the reserve account for ADUs to an expense account to cover the costs of creating standard plans for ADUs.
EXHIBITS:
1.City Council Ordinance No. 2024- , amending Chapter 18.31 of the Development Code to allow a maximum of three bedrooms in accessory dwelling units
2.Redline of Development Code Amendment Chapter 18.31
3.City Council Resolution No. 2024- , amending the Operating Budget for Fiscal Years 2023/24 and 2024/25
4.County of San Diego Accessory Dwelling Unit Floor Plans 03/26/2024 PH2 3 of 13
ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 18.31 OF THE VISTA
DEVELOPMENT CODE TO ALLOW A MAXIMUM OF THREE BEDROOMS IN
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 City intends to amend Chapter 18.31, of the Development Code, to allow a maximum of three bedrooms in Accessory Dwelling Uinits, ADUs, within the City of Vista.
C. The proposed Development Code amendments would be consistent with the General Plan Land Use and Community Identity Element, Policy 9.2, as well as the Housing Element, policies 2.1 and 4.1.
D. The proposed amendments to chapter 18.31 of the Development Code would allow a maximum of three bedrooms in ADUs while maintaining an overall maximum square footage of 1,200 square feet, and, therefore, are exempt pursuant to CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption, because there is no possibility that the proposed amendments may have a significant effect on the environment.
2. Code Amendment.
A. 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
18.31.050 Size
18.31.060 Setbacks
18.31.070 Height Regulation
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 03/26/2024 PH2 4 of 13
EXHIBIT 1
ORDINANCE NO. 2024-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
Section 18.31.010 through Section 18.31.030 (no changes) 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 or three bedrooms.
c. A height of 16 feet.
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 18.31.050 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 03/26/2024 PH2 5 of 13
ORDINANCE NO. 2024-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 3
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 or three bedrooms. No more than three 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 or three bedrooms. No more than three 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 through Section 18.31.120 (no changes)”
4. Effective Date. This Ordinance shall be effective on the thirty-first day following the date of its adoption.
[Continued on next page]
03/26/2024 PH2 6 of 13
ORDINANCE NO. 2024-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 4
5. Adoption. INTRODUCED AND ADOPTED at a meeting of the City Council held on March 26, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20240311144316
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
03/26/2024 PH2 7 of 13
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
18.31.050 Size
18.31.060 Setbacks
18.31.070 Height Regulation
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 through Section 18.31.030 (no changes) 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 or three bedrooms.
c.A height of 16 feet.
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
03/26/2024 PH2 8 of 13
EXHIBIT 2
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 18.31.050 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 or three bedrooms. No more than two three 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 or three bedrooms. No more than two three 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 through Section 18.31.120 (no changes) 03/26/2024 PH2 9 of 13
00029213 7
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AMENDING THE OPERATING BUDGET
FOR FISCAL YEARS 2023/24 AND 2024/25
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. On June 27, 2023 the City Council adopted Resolution 2023-117 approving the Operating Budget for Fiscal Years 2023/24 and 2024/25.
B. The City Council desires to amend the Operating and Capital Project Budgets at this time to reflect changed circumstances.
2. Action.
A. The Operating Budget for Fiscal Years 2023/24 and 2024/25 is amended as set forth in Exhibit A.
3.Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on March 26, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20230814103001
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
03/26/2024 PH2 10 of 13
EXHIBIT 3
RESOLUTION NO. 2024-
CITY COUNCIL FOR THE CHARTERED CITY OF VISTA
PAGE 1 EXHIBIT A
1. Account Number Account Description Increase Decrease 0010000.310786 Reserve 40,000$
0010355.521000.YE23A Professional Services 40,000$
Appropriations are hereby made to fund ADU plan creation. 03/26/2024 PH2 11 of 13
03/26/2024 PH2 12 of 13
EXHIBIT 4
03/26/2024 PH2 13 of 13