Title
REF240016 - COASTAL ZONE UPDATED ACCESSORY DWELLING UNITS (ADU) AND JUNIOR ACCESSORY DWELLING UNITS (JADU) REGULATIONS
Public Hearing to consider recommending the Board of Supervisors amend the Monterey County Local Coastal Program to modify policies and regulations for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), including the Big Sur Coast Land Use Plan, Carmel Area Land Use Plan, North County Land Use Plan and Monterey County Coastal Implementation Plan, Part 1 the coastal Zoning Ordinance (Title 20), Coastal Zoning, and Part 6, Appendices.
Project Location: All unincorporated areas of the County in the Coastal Zone
Proposed CEQA action: Find statutorily exempt from the California Environmental Quality
Act (CEQA) section 15265 for the purpose of local government activities and approvals involving the preparation and adoption of local coastal program amendments.
Report
RECOMMENDATION:
It is recommended that the Planning Commission adopt a resolution recommending that the Board of Supervisors:
1. Find the project statutorily exempt pursuant to CEQA Guidelines section 15265; and
2. Adopt a Resolution of Intent to:
a. Amend the Big Sur Coast Land Use Plan to add development standards for accessory dwelling units and junior accessory dwelling units, including a 1,000 square foot size limitation on accessory dwelling units and a prohibition on renting accessory dwelling units for less than 90 days;
b. Amend the Carmel Area Land Use Plan policies regarding accessory dwelling units and junior accessory dwelling units, including removing a 40 acre minimum lot size requirement as a development standard for accessory dwelling units;
c. Amend the North County Land Use Plan to add policies regarding accessory dwelling units and junior accessory dwelling units, including a 1,000 square foot size limitation on accessory dwelling units and incorporation of water conservations standards for accessory dwelling units and junior accessory dwelling units; and
d. Adopt an ordinance amending Monterey County Coastal Implementation Plan Part 1, the coastal Zoning Ordinance (Monterey County Code Title 20), to update regulations relating to accessory dwelling units and junior accessory dwelling units; and Part 6, Appendices, to add Appendix 15.
PROJECT INFORMATION:
File Number: REF240016
Project Location: All unincorporated areas of the County in the Coastal Zone
Planner: Edgar Sanchez, Assistant Planner
(831) 783-7058
SanchezE8@countyofmonterey.gov
SUMMARY:
In 2020, the County adopted ordinances amending both its coastal and inland zoning ordinances (Titles 20 and 21 of Monterey County Code, respectively) to implement State Planning and Zoning Law governing Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). The coastal zoning ordinance (Title 20), which is Part 1 of the Monterey County Coastal Implementation Plan and is part of the County’s certified Local Coastal Program, was subsequently submitted to the California Coastal Commission (CCC) for certification. Upon review, CCC staff provided the County comments regarding the updated regulations, and recommended modifications intended to ensure greater conformity with the Coastal Act. During that same time in 2021, 2022, and 2024, state law regarding ADUs was also updated again.
Since 2020, staff have been working to update the County’s coastal ADU regulations to address CCC staff comments as well as reflect current state law. The draft Local Coastal Program amendment attached is designed to bring the County into alignment with current State Planning and Zoning law standards while incorporating appropriate coastal resource and access protection to assure conformance with the Coastal Act. In summary, the amendments include:
• Amendments to accessory dwelling unit (ADU) and junior accessory dwelling unit (JADU) regulations in Title 20 (Coastal zoning) in a manner that harmonizes the recent changes to State housing law with the Coastal Act. The proposed changes involve updating objective design standards, revising existing definitions, streamlining the permit process, adjusting the allowed locations for ADUs and JADUs, and introducing parking requirements for ADUs in specific coastal areas.
• Amendments to the Big Sur Coast Land Use Plan to add development standards for accessory dwelling units and junior accessory dwelling units, including a 1,000 square foot size limitation on accessory dwelling units and a prohibition on renting accessory dwelling units for less than 90 days.
• Amendments to the Carmel Area Land Use Plan policies regarding accessory dwelling units and junior accessory dwelling units, including removing a 40 acre minimum lot size requirement as a development standard for accessory dwelling units.
• Amendments to the North County Land Use Plan to add policies regarding accessory dwelling units and junior accessory dwelling units, including a 1,000 square foot size limitation on accessory dwelling units and incorporation of water conservations standards for accessory dwelling units and junior accessory dwelling units.
Staff requests that the Planning Commission recommend that the Board of Supervisors adopt a resolution to amend the Big Sur Coast, Carmel Area and North County Land Use Plans and adopt an ordinance amending Title 20 to adopt regulations for ADUs/JADUs and add Appendix 15 to the LCP.
DISCUSSION:
To read the full discussion and background for the policy, please refer to the Detailed Discussion included as Exhibit A.
CEQA:
CEQA Guidelines section 15265 statutorily exempts local government activities and approvals involving the preparation and adoption of local coastal program amendments. As stated in Section 15265, “CEQA shall apply to the certification of a local coastal program… by the California Coastal Commission” and the burden of CEQA compliance is shifted “from the local agency… to the California Coastal Commission”. The Coastal Land Use Plan and coastal Zoning Ordinance amendments proposed under the Coastal ADU updates affect portions of the County located within the Coastal Zone and constitute an amendment to the LCP. The LCP Amendment will ultimately be certified by the California Coastal Commission and, if not, would not become operative. Therefore, the proposed amendments to the Land Use Plans and coastal Zoning Ordinance are statutorily exempt from CEQA pursuant to State CEQA Guidelines Section 15265.
OTHER AGENCY INVOLVEMENT:
The Office of County Counsel has as reviewed and approved the ordinance and LUP amendments as to form. Staff have collaborated with CCC staff to develop the proposed draft Local Coastal Program Amendments. The California Department of Housing and Community Development (CA HCD) has an oversight and approval role to ensure that local ADU ordinances are consistent with state housing law and if the Planning Commission recommends and the Board of Supervisors adopts the ADU/JADU ordinance, staff will submit to CA HCD for review, and subsequently will submit to CCC for certification.
Prepared by: Edgar Sanchez, Assistant Planner x7058
Reviewed by: Phil Angelo, Senior Planner
Reviewed and Approved by: Melanie Beretti, AICP, Chief of Planning
Reviewed and Approved by: Craig Spencer, Director
The following Exhibits are on file with the HCD:
Exhibit A - Discussion
Exhibit B - Draft Resolution
Exhibit C - Draft Coastal ADU Ordinance (clean)
Exhibit D - Draft Coastal ADU Ordinance (redline)
Exhibit E - Existing Coastal ADU Ordinance
Exhibit F - Draft Amendments to Carmel Area, Big Sur and North County Land Use Plans (redline)
Exhibit G - Draft Amendments to Carmel Area, Big Sur and North County Land Use Plans (clean)
cc: Craig Spencer, Director of Housing and Community Development; Melanie Beretti, Chief of Planning, Philip Angelo, Senior Planner; Edgar Sanchez, Assistant Planner; Kelly Donlon, County Counsel; California Coastal Commission; Breylen Ammen; Kevin Kahn; Katie Butler; Belinda Taluban;Taluban Engineering; Martha Chavarria; Christina McGinnis; Aidee Fonseca; Jordan Caballero; Elsa Mendoza Jimenez; William Schramm; Nicole Fowler; EHB; John Hale; The Open Monterey Project (Molly Erickson); LandWatch; Keep Big Sur Wild; Lozeau Drury LLP; Big Sur LUP Update Public Distribution List; Project File REF240016