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)