PLANNING COMMISSION MEETING DATE:
AUGUST 5, 2024
SUBJECT:
Title
ADOPTION OF NOTICE OF EXEMPTION AND APPROVAL OF THE REPEAL AND REPLACEMENT OF CHAPTER 20.410 OF THE SAN MARCOS MUNICIPAL CODE.
LOCATION/APN:
CITYWIDE
CASE NUMBER:
TEXT AMENDMENT (TA24-0003)
Body
Recommendation
Recommend to the City Council APPROVAL of:
1. ADOPT Notice of Exemption (EX24-013); and
2. APPROVE Resolution PC 24-5115 (Text Amendment TA24-0003) for repeal and replacement of Chapter 20.410 of the San Marcos Municipal Code.
Body
Introduction
San Marcos adopted an Accessory Dwelling Unit (ADU) ordinance in 2020 as Chapter 20.410 of the San Marcos Municipal Code (SMMC). That ordinance adopted state law and retained minor limits available to local jurisdictions, such as unit totals and height and size maximums. Since 2020, the state legislature has passed several new bills relating to ADUs and Junior ADUs. These bills made updates to ADU law which deemed some SMMC sections out of congruence with state law.
The proposed repeal and replacement of Chapter 20.410 will bring it into full compliance with current state law regarding ADUs, found in Government Code Sections 66310-66342.
Discussion
California legislatures have passed several bills relating to ADUs since the adoption of Chapter 20.410 in 2020. Below is a summary of the legislation relevant to changes made in this ordinance.
AB 1033 (2024)
• Permits the City to adopt an ordinance allowing separate conveyance of the ADU and primary dwelling. San Marcos will not adopt such an ordinance and separate conveyances of ADUs will not be permitted.
AB 976 (2024)
• Prohibits owner-occupancy requirements on ADUs (but not Junior ADUs).
SB 897 & AB 2221 (2023)
• Updates definition for “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable.
• Requires the City to review and issue a demolition permit for a detached garage that is to be replaced with an ADU at the same time it reviews and issues the permit for the ADU. Also prohibits the City from requiring an applicant to place a placard or provide written notice of the demolition.
• Increases the maximum height limitation to 18 feet if the ADU is within ½ mile walking distance of a major transit stop or a high-quality transit corridor or the ADU is detached and on a lot that has an existing multi-family, multi-story dwelling.
• Allows an additional 2 feet in height to accommodate roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling.
• Increases height limit to 25 feet if the ADU is attached to a primary dwelling but does not require the City to permit more than two stories.
• Requires the City to provide applicants of rejected ADU and Junior ADU applications with a list of deficiencies and how the applications can be brought into compliance.
• Prohibits the City from denying an application for a permit to create an ADU or Junior ADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU.
• Prohibits the City from denying a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018 due to a violation of building standards or state or local standards applicable to ADUs, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.
• Clarifies that the construction of an ADU does not trigger a requirement to install fire sprinkler systems in an existing primary dwelling.
• Modifies the parking limits such that when a permit for an ADU is submitted with a permit application to create a new dwelling on the same lot, the City cannot impose any additional parking standards because of the ADU, provided that other specified parameters are met.
• If the existing multifamily dwelling has a rear or side setback of less than four feet or exceeds height limits, the City shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an ADU. Prohibits application rejections for the same reasons.
• Clarifies that a Junior ADU need not be built within the walls of the proposed or existing dwelling. Enclosed uses within the residence, such as attached garages, are considered part of the residence.
• Clarifies that if a JADU does not include a separate bathroom, it must include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
• Requires that the City does not consider the construction of an ADU justification for a Group R occupancy change. Group R refers to occupancies used for sleeping purposes.
AB 345 (2022)
• Requires the sale of ADUs separate from the primary dwelling so long as the property was built or developed by a qualified nonprofit corporation and the property is held pursuant to a recorded tenancy in common agreement.
SMMC Chapter 20.410 Amendments
• 20.410.020
o Updated to state that if any provisions in the Chapter conflict with State Government Code, State Government Code will prevail.
o Updates the description of Junior ADUs to include all enclosed uses within the residence, such as attached garages.
o Requires that Junior ADUs sharing a bathroom with the primary dwelling must include an interior entrance to the primary dwelling in addition to the required exterior entrance.
o Reorganizes portions of Junior ADU descriptions for abridgment and clarity. Repetitive language deleted and requirements condensed into less subsections.
o Updates the minimum ADUs allowed for both single family dwelling (“SFD”) and multifamily zones and follows state legislation regarding number of and location of units. This will preclude repeated ordinance updates due to regular changes in state law.
o Updates limits on modifications such that no modification of an existing dwelling may be required as a condition of approving an ADU application when the existing dwelling has a rear setback of less than four feet.
o Reorganizes portions of ADU requirements for abridgment and clarity. Repetitive language deleted and requirements condensed into less subsections.
o Limits the City’s ability to deny ADU and Junior ADU applications when the ADU was built before 2018 and the violations are not health and safety concerns.
• 20.410.030
o Requires the City to consider a demolition permit for a detached garage that is to be replaced with an ADU at the same time as the building permit for the ADU.
o Requires the City to provide rejected applicants with a list of deficiencies and how the application can be brought into compliance.
o Prevents the City from requiring the correction of non-conforming zoning conditions, building code violations, or unpermitted structures as a condition of an ADU permit application.
o Deletes repetitive language.
• 20.410.050
o Removes subjective evaluation standards and replaces with objective standards.
• 20.420.060
o Deletes repetitive language.
o Clarifies that the square footage of an ADU must be at least 850 square feet. There may be instances where an ADU pursuant to Government Code Section 66323(a)(2) is limited to 800 square feet.
o Updates height limits.
o Clarifies setback limits for ADUs pursuant to Government Code Section 66323(a)(2).
o Removes owner occupancy requirements for ADUs. Updates separate conveyance options and restrictions. An ADU and Junior ADU may not be sold separately from the primary dwelling unless a narrow exception pursuant to Government Code Section 66341 applies.
o Removes siting limits such that an ADU permit may not be denied because the ADU impacts the parking of adjacent properties.
o Clarifies rental and sale limits; both may be rented but not for less than 31 days.
o Updated so that when a permit for an ADU is submitted at the same time as a permit for a new single family dwelling or new multi-family dwelling, no additional parking may be required because of the ADU.
o Construction of a new ADU will not trigger a requirement to install fire sprinkler systems in the existing primary dwelling.
o Removes deed restrictions for ADUs as per HCD guidance. Retains Junior ADU deed restrictions.
o Removes repetitive, subjective language relating to community character.
o Clarifies exterior access requirements.
• Definitions
o Updates definitions for “High Quality Transit Corridor” and “Major transit stop.”
o Removes definition of “neighborhood.”
The adoption of this Ordinance will satisfy all requirements mandated by California Government Code §66310-66342.
Environmental Review
The proposed Resolution has been reviewed by the Development Services Department for compliance with the California Environmental Quality Act (CEQA). Staff recommends a finding of no physical effect and/or an exemption under CEQA, as the proposed Text Amendment is not a project within the meaning of Section 15378 of the CEQA Guidelines because there is no potential for it to result in a physical change in the environment, either directly or indirectly. Additionally, even if the proposed Text Amendment was considered a project subject to CEQA, it would be exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility it would have a significant effect on the environment. Accordingly, Staff recommends adoption of Notice of Exemption (EX24-013).
Attachment(s)
Resolutions:
1. Resolution PC 24-5115 (Text Amendment TA24-0003) for Adoption of Notice of Exemption and Approval of the Repeal and Replacement of Chapter 20.410 of the San Marcos Municipal Code.
A. Chapter 20.410 Clean
B. Chapter 20.410 Strikeout
Prepared by: Jacqueline Paterno, Deputy City Attorney
Reviewed by: Sarah Cluff, Associate Planner
Reviewed/Submitted by: Joseph Farace, Planning Division Director