The Santa Barbara County Planning Commission discussed state rules for accessory dwelling units on Wednesday and forwarded some local ordinance amendments to the county Board of Supervisors.
ADUs are attached or detached residential dwelling units located on a lot with a single-family or multi-family dwelling unit. JADUs are limited to 500 square feet and have to be contained within a single-family home.
In 2016 and 2017, the California State Legislature passed laws making it easier to develop ADUs and there were state law changes in 2020 and early 2021, said Jessica Steele, a planner for the county’s Long Range Planning Division.
Consistent with state laws, the county ordinance amendments approved by the Planning Commission are aimed at streamlining the ADU permitting process and reducing development standards, Steele said.
The new amendments increase the number and type of ADUs permitted per lot, do not require replacement parking spaces, allow JADUs, reduce the ADU and JADU permit processing timeframe from 120 days to 60 days, and reduce the floor area restrictions and fees, according to Steele.
The state law separates ADUs into two categories: those exempt from local development standards and those subject to local development standards.
ADUs exempt from local development standards include one ADU within a single-family dwelling unit or accessory structure, one “small” detached ADU on a single-family dwelling lot, multiple ADUs within multi-family dwelling structures, and two “large” detached ADUs on a multi-family dwelling lot.
“Essentially, the first two types of exempt ADUs are ADU conversions and new construction ADUs located on lots with a single-family dwelling unit,” Steele said. “The third and fourth types are conversions and new construction on lots containing a multi-family dwelling unit.”
The county can apply its local development standards (like design review, height, size, parking, and setbacks) to ADUs that do not meet those criteria.
The county design standards must be objective, but because the county’s current design review and Architectural Board review processes are discretionary, they cannot be applied to ADUs, Steele said. As a result, planning staff revised design standards to be objective.
Under the new ordinance amendments, an ADU must reflect the appearance and style of the existing structure. This includes matching the colors, materials, roofing, and design of the existing structure, Steele said. There are no design review standards for newly-constructed detached ADUs.
“This change is intended to give applicant more design flexibility and will also allow for a manufactured or prefabricated home to be used as a detached ADU,” Steele said.
The county must also enforce the Coastal Act and apply coastal protection policies to these ADUs that are within coastal zones, she added.
Coastal development permits and building permits are required for ADUs and JADUs within the coastal zone.
State law requires that any size-related development standards must allow for a minimum ADU of 800 square feet, 16 feet in height, and 4-foot side and rear setbacks, Steele said. The law also provides that floor area standards cannot prohibit an ADU of less than 850 square feet for a studio or one-bedroom unit, or 1,000 square feet for a unit with two or more bedrooms, she added.
The state law regarding parking standards prohibits the county from requiring replacement parking spaces for ADUs that are attached to a dwelling unit. One parking space is required for any newly-constructed detached ADUs, with some exceptions, Steele said.
When proposing the amendments to the Montecito Planning Commission, Montecito Planning Commission staff recommended adding replacement parking requirements for JADUs located within attached garages and clarifying that duplexes or two-family dwellings qualify as multi-family dwelling units, Steele said.
The new amendments reflect those requests.
Additionally, the amendments clarify that ADUs and JADUs cannot be used for farmstays, homestays, and short-term rentals. ADUs and JADUs cannot be rented for a period of less than 30 days, Steele said.
The Planning Commission unanimously approved the ordinance amendments, and they will be considered by the Board of Supervisors for final approval in May or early summer, Steele said.
The county must then submit the ordinances to the California Department of Housing and Community Development within 60 days of the Board’s adoption, as well as to the California Coastal Commission for review and consideration.
— Noozhawk staff writer Jade Martinez-Pogue can be reached at jmartinez-pogue@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.
