Contra Costa Set to Amend Accessory Dwelling Units Ordinance

On Tuesday, the Contra Costa County Board of Supervisors are set to discuss amending its Accessory Dwelling Units Ordinance to comply with state law.

Specifically, changes in State law required local agencies to ministerially approve applications to establish ADUs and JADUs, subject only to limited objective standards.

Since 2020, the state legislature has continued to revise State law related to ADUs; however, the County’s ADU Ordinance has remained consistent with many of the State law revisions. However, several recent State law revisions are not reflected in the current ADU Ordinance, including:

Revisions to Government Code Section 65852.2 related to allowable height limitations that a local agency may impose on ADUs pursuant to Senate Bill 897, which became effective on January 1, 2023, and
Revisions to Government Code Sections 65852.2 and 65852.26 that require a local agency to allow the separate sale of an ADU developed by a qualified nonprofit corporation to a person or family of low or moderate income pursuant to Assembly Bill No. 345, which became effective on January 1, 2022.

Here is the Staff Report:

Summary

Below is a summary of revisions that proposed Ordinance 2023-13 would make to the County’s ADU Ordinance. The revisions include changes to allowable maximum heights, height limitations for ADUs located within yard setbacks, permit ADUs on a lot with a proposed multiple-family dwelling, and permit the sale of an ADU separate from the primary dwelling unit. In addition, the proposed Ordinance includes a few minor changes to the ADU Ordinance.

Allowable Maximum Heights

The State law previously prohibited local agencies from setting a maximum ADU height of less than 16 feet. The County’s current ADU Ordinance met this standard by requiring ADUs to comply with the height requirement of the underlying zoning district (generally 35 feet), except in the Kensington (-K) combining district. In accordance with previous State law, ADUs in the -K district were limited to 16 feet in height. Other detached ADUs that met certain statutory requirements for streamlined approval were also limited to 16 feet in height.

Current State law has expanded the prohibition to ensure that a local agency does not overly restrict ADU heights. State law now prohibits local agencies from setting a maximum ADU height that does not allow at least the following, as applicable:

A height of 16 feet for a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit;
A height of 18 feet for a detached ADU on a lot within ½ mile walking distance of a major transit stop or high-quality transit corridor, except that the local agency must allow up to an additional two feet (up to 20 feet total) to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit;
A height of 18 feet for a detached ADU on a lot with an existing or proposed multiple-family multi-story dwelling;
A height of 25 feet for an attached ADU.

These new height limits apply to detached ADUs in the -K district and to ADUs eligible for streamlined approval. The Comparison Table of Maximum ADU Heights, attached, summarizes the scenarios in which the new height limits apply. Proposed Ordinance No. 2023-13 refers to and incorporates the height limitations set by State law.

ADUs in Yard Setbacks

Ordinance No. 2022-14, regulating two-unit residential developments and adopted by the Board of Supervisors on March 29, 2021 in response to Senate Bill 9 (the “Duplex Law”), limits the height of an urban housing development residential unit or any portion of the residential unit that is located within a front, back, or side yard area to a maximum of 16 feet. Proposed Ordinance No. 2023-13 would apply a similar restriction to an ADU or any portion of an ADU built within the normal setbacks of the underlying zoning district. The maximum height of an ADU or portion of ADU within a front, back, or side yard area would be the heigh limitations set by State law, described above, rather than the standard County height limit of 35 feet.

ADUs with a Proposed Multiple-Family Dwelling

Consistent with prior State law, the County’s ADU Ordinance allows up to two detached ADUs on a lot with an existing multiple-family dwelling. State law now allows detached ADUs on lots with either an existing or a proposed multiple-family dwelling. Accordingly, proposed Ordinance No. 2023-13 would allow development of detached ADUs with a proposed multiple-family dwelling.

Separate Sale of an ADU

State law now requires a local agency to allow an ADU to be sold or conveyed separately from the primary dwelling unit to a qualified buyer. The ADU or primary dwelling unit must have been built or developed by a qualified nonprofit corporation, and the ADU must be sold or conveyed to low or moderate income households. Other restrictions apply including the recordation of an enforceable restriction on the use of the land and a tenancy in common agreement. Proposed Ordinance No. 2023-13 allows the separate sale or conveyance of an ADU consistent with current State law.

Minor Revisions

Proposed Ordinance No. 2023-13 includes a few minor revisions to remove unneeded application submittal requirements and to add clarity to the text of the Ordinance. The revisions include removing application requirements for photographs of the primary dwelling and the property owner’s consent to physical inspection of the property, a restatement of the development standards in the ADU Ordinance for the size of detached and attached ADUs, and a restatement that fees imposed for processing ADUs and JADUs are limited to those permitted by State law.

General Plan Consistency

The proposed Ordinance is consistent with the General Plan. By facilitating the development of ADUs and JADUs, the proposed Ordinance would specifically promote the following General Plan goals:

Goal 1: Maintain and improve the quality of the existing housing stock and residential neighborhood in Contra Costa County.
Goal 2: Preserve the existing affordable housing stock in Contra Costa County.
Goal 3: Increase the supply of housing with a priority on the development of affordable housing.
Goal 4: Increase the supply of appropriate and supportive housing for special needs populations.
Goal 7: Mitigate potential governmental constraints to housing development and affordability.

CONSEQUENCE OF NEGATIVE ACTION:

If the recommended actions are not approved, the County’s ADU Ordinance will not be amended to conform with current State law. Pursuant to Government Code Sections 65852.2 and 65852.26, the County will process applications to establish ADUs, apply the development standards for allowable heights in the State law, and allow the separate sale of an ADU developed by a qualified nonprofit corporation to a qualified buyer.

Full Staff Report – click here