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HomeMy WebLinkAbout5.0_AB 881 (Accessory Dwelling Units) & SB 330 (Housing Crisis Act of 2019)_PA2019-248State Housing Law Update Planning Commission Study Session January 23, 2020 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation Housing Crisis In 2019, the California Legislature declared a statewide housing crisis, which will remain in effect until 2025 Community Development Department -Planning Division 2 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation 2019 Housing Laws In 2019, State adopted 18 new bills to boost housing production, among of which include: SB 330 (Chapter 654, Statutes of 2019) –Establishes the Housing Crisis Act of 2019 SB 13 (Chapter 653, Statutes of 2019) –New regulations for ADUs and limits enforcement of building violations on ADUs AB 68 (Chapter 655, Statutes of 2019) –New regulations for ADUs and JADUs AB 881 (Chapter 659, Statutes of 2019) –New regulations for ADUs Community Development Department -Planning Division 3 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation SB 330: Housing Crisis Act of 2019 Community Development Department -Planning Division 4 Effective January 1, 2020 Sunset January 1, 2025 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation SB 330: Housing Crisis Act of 2019 New preliminary application Locks in development standards, regulations, policies, and fees Five hearings maximum Includes all CEQA meetings, study sessions, workshops, and public hearings Limit does not apply to legislative actions Reduced processing time Can only apply objective standards Community Development Department -Planning Division 5 Objective “Residential structures shall have a minimum roof pitch of 3:12” Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation SB 330: Housing Crisis Act of 2019 No rezone required if consistent with General Plan No new growth control measures Cannot deny or require a reduction in units for a housing project, unless: Preponderance of evidence in the record shows: City has met RHNA; Un-mitigatable impact to public health or safety; Denial required to comply with State or Federal law; Project on land zoned for agriculture; or Inconsistent with both General Plan and Zoning designations CEQA and Coastal Act still apply! Community Development Department -Planning Division 6 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation SB 330: Housing Crisis Act of 2019 Cannot reduce density/intensity allowed by General Plan/Zoning Based date: January 1, 2018 Downzoning is prohibited i.e. cannot rezone from R-2 to R-1 No reduction of units allowed Owner must replace all units Includes protected (affordable) units Look back 5 years Community Development Department -Planning Division 7 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation Community Development Department -Planning Division 8 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation New ADU Laws: SB 13, AB 68, and AB 881 Three new ADU laws –effective portions include: AB 881 –Govt. Code 65852.2 (ADUs) AB 68 –Govt. Code 65852.22 (JADUs) SB 13 –Health and Safety Code 17980.12 (Building Violations) New laws went into effect January 1, 2020 Voided current City regulations Code Amendment in process Community Development Department -Planning Division 9 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation Accessory Dwelling Units Community Development Department -Planning Division 10 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation Junior Accessory Dwelling Units Community Development Department -Planning Division 11 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation ADU & JADU Key Changes Allowed in any residential and mixed use zones No minimum lot size City must allow ADU or JADU In some cases both Detached height: 16’ Garage conversions no longer require replacement parking Parking requirements for ADU and JADU waived if: Converting existing floor area Within ½ mile walk to transit Within 1 block of care share pick-up/drop-off Within historic district Where street parking permits are required, but not offered to occupant of ADU Community Development Department -Planning Division 12 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation Community Development Department -Planning Division 13 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation Community Development Department -Planning Division 14 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation Community Development Department -Planning Division 15 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation Building Violations Owner can request five year delay on enforcement Applies only to Accessory Dwelling Units Building standards violations only Applies to any ADU built before adoption of new ADU Ordinance City must approve request, unless Fire Marshal determines correction is necessary to protect health and safety Community Development Department -Planning Division 16 Effective January 1, 2020 Sunset January 1, 2035 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation For more information Contact Questions? David Blumenthal, AICP 949-644-3204 dblumenthal@newportbeachca.gov www.newportbeachca.gov Community Development Department -Planning Division 17 Item No. 5 - AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) Planning Commission, January 23, 2020 Study Session Presentation State Housing Law Update Planning Commission Study Session January 23, 2020 Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) Housing Crisis In 2019, the California Legislature declared a statewide housing crisis, which will remain in effect until 2025 Community Development Department -Planning Division 2 Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) 2019 Housing Laws In 2019, State adopted 18 new bills to boost housing production, which include: SB 330 (Chapter 654, Statutes of 2019)– Establishes the Housing Crisis Act of 2019 SB 13 (Chapter 653, Statutes of 2019)–New regulations for ADUs and limits enforcement of building violations on ADUs AB 68 (Chapter 655, Statutes of 2019)–New regulations for ADUs and JADUs AB 881 (Chapter 659, Statutes of 2019)–New regulations for ADUs Community Development Department -Planning Division 3 Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) SB 330: Housing Crisis Act of 2019 Community Development Department -Planning Division 4 Effective January 1, 2020 Sunset January 1, 2025 Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) SB 330: Housing Crisis Act of 2019 New preliminary application Locks in development standards, regulations, policies, and fees at time of submittal of application Five hearings maximum Includes all CEQA meetings, study sessions, workshops, and public hearings Limit does not apply to legislative actions Reduced processing time Can only apply objective standards Community Development Department -Planning Division 5 Objective “Residential structures shall have a minimum roof pitch of 3:12” Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) SB 330: Housing Crisis Act of 2019 Limits on denying housing projects No new growth control measures or moratoriums No reduction of General Plan & Zoning density/intensity Based date: January 1, 2018 Downzoning is prohibited i.e. cannot rezone from R-2 to R-1 CEQA and Coastal Act still apply! No reduction of units allowed Owner must replace all units Includes protected (affordable) units Look back 5 years Community Development Department -Planning Division 6 Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) SB 330: Housing Crisis Act of 2019 Community Development Department -Planning Division 7 Before –Two Units After –One Unit Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) Community Development Department -Planning Division 8 Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) New ADU Laws: SB 13, AB 68, and AB 881 Three new ADU laws –effective portions include: AB 881 –Govt. Code 65852.2 (ADUs) AB 68 –Govt. Code 65852.22 (JADUs) S B 13 –Health and Safety Code 17980.12 (Building Violations) New laws went into effect January 1, 2020 Voids City’s entire ADU ordinance if inconsistent with the new state law Code Amendment in process Community Development Department -Planning Division 9 Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) Accessory Dwelling Units Community Development Department -Planning Division 10 Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) Junior Accessory Dwelling Units Community Development Department -Planning Division 11 Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) ADU & JADU Key Changes Community Development Department -Planning Division 12 Accessory Dwelling Units Development Standards Existing NBMC New ADU Law Location Residentially zoned property improved with a single-family residence. Any property improved with a single-family, multiple-family, or mixed-use development Number of Units Allowed 1 ADU Single-Family: 1 ADU and 1 JADU Multi-Family: Up to 25% of the existing units. Minimum Lot Size 5,000 square feet.No Minimum Maximum Unit Size 750 square feet.ADU: 850 s.f. for 1 bedroom/1,000 s.f. for 2 bedroom JADU: 500 square feet. Height Attached: Per Base Zone Detached: 14’ Attached: Per Base Zone Detached: 16’ Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) Community Development Department -Planning Division 13 Accessory Dwelling Units Development Standards Existing NBMC New ADU Law Setbacks Per base zone, except 5’ side an rear if above garage Per base zone, except 4’ side and rear if detached Owner- Occupancy Requirement Owner is required to live in either unit. Requirement suspended until 1/1/2025 Garage Conversions Replace parking in any configuration on lot No replacement parking required Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) Changes to Parking Standards Community Development Department -Planning Division 14 Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) Community Development Department -Planning Division 15 Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) Community Development Department -Planning Division 16 Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) Community Development Department -Planning Division 17 Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) Building Violations Owner can request five year delay on enforcement Applies only to Accessory Dwelling Units Building standards violations only Applies to any ADU built before adoption of new ADU Ordinance City must approve request, unless Fire Marshal determines correction is necessary to protect health and safety Community Development Department -Planning Division 18 Effective January 1, 2020 Sunset January 1, 2035 Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248) For more information Contact Questions? David Blumenthal, AICP 949-644-3204 dblumenthal@newportbeachca.gov www.newportbeachca.gov Community Development Department -Planning Division 19 Planning Commission -January 23, 2020 Item No. 5a Additional Materials Presented At Meeting AB 881 (Accessory Dwelling Units) and SB 330 (Housing Crisis Act of 2019) (PA2019-248)