In response to new state laws intended to ease the requirements for new housing construction, the City of Morgan Hill updated its ordinance that regulated accessory dwelling units.
The local update approved by the city council at the Dec. 4 meeting reduces property line setbacks and parking requirements for ADUs in the city limits. And for the first time, the city’s ordinance defines “junior accessory dwelling units,” which are the subject of the new state laws.
The city municipal code’s updated definition of an ADU, as approved by the council Dec. 4, is “a self-contained living unit, either attached to or detached from, and in addition to, the primary residential unit on the parcel, that includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling or multifamily dwelling is situated.”
A junior ADU is now locally defined as “a unit that is no more than 500 square feet in size and contained entirely within a single-family residence and includes separate or shared sanitation facilities with the existing structure.”
The amendments to the city’s ADU ordinance also include:
• On-site parking is not required for junior ADUs;
• One on-site parking space required for each ADU;
• No off-street parking required for ADU when the unit is within half a mile from public transit; within a historic district; within a primary residence or accessory structure; on-street parking permits are required.
The maximum ADU interior square footage in Morgan Hill is now limited to between 850 and 1,200 square feet, depending on which local zoning district the unit is located in. An attached ADU cannot exceed 50 percent of the existing primary dwelling on the property, according to a city staff report.
Furthermore, Morgan Hill’s ADU ordinance now establishes no property line setback requirement for existing structures that are to be converted to ADUs, or new ADUs constructed within the same footprint, the city staff report says. A minimum 4-foot setback from the rear and side property lines for new ADUs is required.
The amendments approved by the council—which were previously recommended by the planning commission—aim to align the local requirements for ADUs with the new state laws that take effect Jan. 1, 2020. These state laws “make major changes to the ADU statute to facilitate the development of more ADUs and address perceived barriers to ADUs,” the city staff report says.
Gov. Gavin Newsom signed the 18 state bills earlier this year in response to what many officials have termed a statewide housing crisis. The laws are “designed to help jumpstart housing production,” according to city staff. “Per the office of the governor, the construction of ADUs can help cities meet their housing goals and increase the state’s affordable housing supply.”
The state laws also effectively render Morgan Hill’s growth control ordinance moot. The local ordinance was last approved by the city’s voters in 2016, and until now has limited the number of homes constructed in town to no more than 215 per year.
