Title:
Title
Interim Emergency Ordinance Amending Various Sections of the Sacramento City Code, Relating to Accessory Dwelling Units (M19-007) {Noticed 11/29/2019} [To Be Published in its Entirety Upon Adoption]
End
FileID
File ID: 2019-01639
Location
Location: Citywide
Recommendation:
Recommendation
Conduct a public hearing and upon conclusion, adopt an Ordinance amending sections 13.10.220 and 13.10.320 of Title 13, various provisions of Title 17, and sections 18.56.810 and 18.56.830 of Title 18 of the Sacramento City Code, relating to accessory dwelling units, and declaring the ordinance to be an emergency measure and to take effect immediately upon adoption.
Contact: Garrett Norman, Associate Planner, (916) 808-7934; Evan Compton, Principal Planner, (916) 808-5260, Community Development Department
Body
Presenter: Garrett Norman, Associate Planner, (916) 808-7934, Community Development Department
Attachments:
1-Description/Analysis
2-Background
3-Ordinance (Redline)
4-Ordinance (Clean)
Description/Analysis
Issue Detail: On October 9, 2019 the Governor signed a series of bills modifying various sections of the Government Code pertaining to accessory dwelling units [Assembly Bill (AB) 881 (Bloom), AB 671 (Friedman), AB 587 (Friedman), AB 670 (Friedman), AB 68 (Ting), and Senate Bill (SB) 13 (Wieckowski)]. Specifically, AB 881 enacted significant changes to Government Code section 65852.2, which prescribes how local agencies can regulate land use pertaining to accessory dwelling units. These changes are the subject of this interim emergency ordinance related to Title 17 of the Sacramento City Code.
The intent of the recent legislation is to facilitate and expedite the construction of accessory dwelling units as a means of augmenting affordable housing in California. Local land use agencies are obligated to either adopt new regulations or amend their existing accessory dwelling unit regulations to comply with the new State legislation. If agencies do not adopt consistent regulations by January 1, 2020, their existing accessory dwelling unit regulations will become null and void and rules will default to State law, until a new ordinance is adopted. Because of the time limitation, the City Manager has deemed this ordinance urgent as authorized under the Council Rules of Procedures Chapter 13 Section B.1.i(i).
Key changes proposed include an increase in the number of accessory dwelling units, reducing the setback and lot coverage requirements, and modifying the locational requirements by allowing them in conjunction with multi-unit developments. These key changes are further described in the Background section of this report.
Policy Considerations: Policy Considerations: The 2035 General Plan Housing Element (H) includes the following policies related to accessory dwelling units:
• H-1.2.1 Variety of Housing. The City shall encourage the development and revitalization of neighborhoods that include a variety of housing tenure, size and types, such as second units, carriage homes, lofts, live-work spaces, cottages, and manufactured/modular housing.
• H-2.2.7 Suburban Infill and Secondary Units. The City shall continue to support
efforts to provide more varied housing opportunities in existing suburban neighborhoods through infill and intensification on existing available sites, by allowing secondary units on single-family lots, and allowing for additional development on excessively large lots.
Economic Impacts: Not applicable.
Environmental Considerations: Pursuant to Public Resources Code section 21080.17, the adoption of an ordinance to implement Government Code section 65852.2 is exempt from the California Environmental Quality Act (CEQA).
Sustainability: The proposed ordinance is consistent with the City’s sustainability goals because supporting the creation of accessory dwelling units maximizes limited land resources and existing infrastructure.
Commission/Committee Action: This is an interim and emergency ordinance with time constraints that have prohibited the ability to seek recommendations from the Planning and Design Commission and the Law and Legislation Committee. Within sixty days of adoption, staff will begin the formal public hearing process for this ordinance which will include review and recommendations by the Planning and Design Commission and Law and Legislation Committee.
Rationale for Recommendation: State law requires local agencies to update their secondary
dwelling unit ordinances in order to comply with Government Code section 65852.2. Further, as required by City Code section 17.916.010, the City Council can find that the proposed
amendments:
1. Complement, support, and facilitate the implementation of the goals, policies, and other provisions of the general plan and the city’s specific plans and transit village plans in that they will encourage the construction of accessory dwelling units as a means of affordable housing to meet current and future housing needs consistent with City’s Housing Element, including the Housing Element policies H-1.2.1 and H-2.2.7.
2. Promote the public health, safety, convenience, and welfare of the city in that encouraging the construction of accessory dwelling units provides a needed source of affordable housing within existing neighborhoods for homeowners and renters, including family members, renters, the elderly, in-home health care providers, and others.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.