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Project Title: |
County-Initiated Zoning Text Amendment to Revise the Accessory Dwelling Unit Ordinance, Chapter 82-24 of the County Ordinance Code |
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County File: |
Zoning Text CDZT25-00001 |
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Applicant/Owner: |
Contra Costa County |
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Zoning/General Plan: |
Countywide |
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Site Address/Location: |
Countywide |
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California Environmental Quality Act (CEQA) Status: |
Statutory Exemption, CEQA Guidelines Section 15282(h) |
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Project Planner: |
Stanley Muraoka, Principal Planner (925) 655-2876 |
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stanley.muraoka@dcd.cccounty.us |
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Staff Recommendation: |
Recommend Board of Supervisors approval (See section II for full recommendation) |
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I. PROJECT SUMMARY
This is a County-initiated zoning text amendment to revise the County’s Accessory Dwelling Unit Ordinance, Chapter 82-24 of the County Ordinance Code. The proposed revisions are necessary to comply with changes to the State accessory dwelling unit law, commencing with Section 66310 of the California Government Code. The proposed revisions include: updating references to the Government Code due to the recodification of the State accessory dwelling unit law; increasing the number of allowable accessory dwelling units on lots that include either a single-family or multiple-family dwelling; additional exceptions to replacement parking requirements; removing non-objective standards from permitting requirements; other clarifications in conformance with State law.
II. RECOMMENDATIONS
Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Planning Commission ADOPT a motion recommending that the Board of Supervisors:
A. FIND for purposes of compliance with the California Environmental Quality Act (CEQA) that the proposed zoning text amendment is statutorily exempt under CEQA Guidelines Section 15282(h) that exempts the adoption of an ordinance regarding second units.
B. FIND that the proposed zoning text amendment to revise Chapter 82-24 of the County Ordinance Code is consistent with the County General Plan.
C. ADOPT the proposed zoning text amendment to revise Chapter 82-24 of the County Ordinance Code to comply with the State accessory dwelling unit law, commencing with Government Code Section 66310, as amended, which governs the permitting of accessory dwelling units.
III. REVISED ACCESSORY DWELLING UNIT ORDINANCE
The current Accessory Dwelling Unit (ADU) Ordinance, which is County Code Chapter 82-24, was adopted by the Board of Supervisors on June 27, 2023. The County Ordinance was consistent with State ADU law that was in effect in 2023. Since that time, the State legislature has made changes to State ADU law. Senate Bill No. 477, which became effective on March 26, 2024, recodified State ADU law by reorganizing and renumbering the Government Code sections containing ADU regulations. The zoning text amendment would revise the County Ordinance to update references to the correct Government Code sections. Senate Bill No. 1211, which became effective on January 1, 2025 made further, substantive revisions to the recodified State Adu law.
To conform to the amended State ADU law, the proposed zoning text amendment would:
• Allow up to eight detached ADUs, not exceeding 800 square-feet in size, on a lot with an existing multiple-family dwelling and not more than the number of existing units on the lot. The current County ADU Ordinance authorizes only two detached ADUs on a lot with a multiple-family dwelling.
• Allow up to two detached ADUs, not exceeding 800 square-feet in size, on a lot with a proposed multiple-family dwelling.
• Not require replacement parking if an uncovered parking space is converted to an ADU.
• Allow one internal conversion ADU and one Junior ADU and one detached ADU on a lot with a proposed or existing single-family dwelling. The current County ADU Ordinance authorizes only one ADU and one Junior ADU on a lot with a single-family dwelling.
• Remove the development standard requiring ADU entrances be subordinate to the primary dwelling unit.
• Not require additional off-street parking to serve an ADU if the ADU permit application is submitted with a permit application for a new single-family or multiple-family dwelling and the ADU or lot qualifies for a parking exception.
• Not require a deed restriction for an ADU, while continuing to require a deed restriction for a Junior ADU to restrict the sale or rental of the Junior ADU in compliance with State ADU law.
The draft revised ADU Ordinance is included as Attachment 1.
IV. STAFF ANALYSIS
A. General Plan Consistency: The proposed zoning text amendment is consistent with the General Plan, in particular, the Housing Element, which includes eight general goals for housing.
By facilitating the development of ADUs and Junior ADUs, the revised ADU Ordinance is consistent with all eight goals. The revised Ordinance specifically promotes the following goals:
Goal HE-1: Maintain and improve the quality of the existing housing stock and residential neighborhood in Contra Costa County, including preserve the affordable housing stock.
Goal HE-2: Increase the supply of housing with a priority on the development of affordable housing, including housing affordable to extremely low-income households.
Goal HE-3: Increase the supply of appropriate and supportive housing for the special needs population.
Goal HE-4: Improve housing affordability for both renters and homeowners.
Goal HE-6: Mitigate potential governmental constraints to housing development and affordability.
Goal HE-7: Promote equal opportunity for all residents to reside in the housing of their choice.
In addition to Housing Element Goals, the revised ADU Ordinance is consistent with the following housing policy:
Policy HE-P2.4: Actively promote accessory dwelling unit (ADU) and junior accessory dwelling unit (JADU) construction as a viable means of meeting affordable housing needs by design, particularly in higher resource communities, and those communities identified as RCAAs (racially concentrated areas of affluence) in the central and southern portions of the county.
The revised ADU Ordinance is consistent with the following housing actions:
Action HE-A2.5: Maintain consistency with ADU state law in the County Ordinance Code. Promote ADU construction in high-resource areas/areas of concentrated affluence. Discuss the option of ADUs with applicants when the call or come in to the planning counter.
Action HE-A2.6: Conduct studies to explore development of new programs or policies to potentially fund or incentivize affordable housing development, including implementation of urban housing development projects (as allowed under SB 9) and creating objective design standards to streamline processing and approval process. Continue updating ADU regulations as needed to remain compliant with state law and implement other community goals.
V. CONCLUSION
The proposed zoning text amendment to revise Chapter 82-24 of the County Ordinance Code is consistent with the amended State ADU law and the County General Plan. Staff recommends that the County Planning Commission recommend approval of the zoning text amendment to the Board of Supervisors.