Title
SUBJECT: Second Reading and Final Adoption of an Ordinance Amending Chapters 20.08, 20.42, and 20.90 of the Merced Municipal Code to Revise Regulations Regarding Accessory Dwelling Units, Junior Accessory Dwelling Units and Tiny Homes on Wheels; and Second Reading and Final Adoption of an Ordinance Amending Chapter 20.56 of the Merced Municipal Code (Density Bonus) to Bring the Codes into Compliance with Current State Law and to Clarify Ambiguities in the Chapter
REPORT IN BRIEF
Second reading and final adoption of an ordinance that would modify the City’s requirements for Accessory Dwelling Units to meet state laws, Junior Accessory Dwelling Units, and Tiny Homes on Wheels; and second reading and final adoption of an ordinance amending the Density Bonus chapter to bring that code into compliance with current state law and to clarify ambiguities in the chapter.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Ordinance 2555, An Ordinance of the City Council of the City of Merced, California, amending Chapters 20.08, 20.42, and 20.90 of the Merced Municipal Code to revise regulations regarding accessory dwelling units, junior accessory dwelling units and tiny homes on wheels; and,
B. Adopting Ordinance 2556, an Ordinance of the City Council of the City of Merced, California, amending Chapter 20.56, “Density Bonus,” of the Merced Municipal.
Body
ALTERNATIVES
1. Introduce the Ordinances, as recommended by the Planning Commission and staff; or,
2. Introduce the Ordinances, subject to modifications by City Council (identify specific items to be amended in the motion); or,
3. Deny; or,
4. Refer to staff for reconsideration of specific items (to be addressed in the motion); or,
5. Continue to a future City Council meeting (date and time to be specified in motion).
AUTHORITY
Merced Municipal Code Section 20.80, “Zoning Ordinance Amendments,” spells out procedures for amending the Zoning Ordinance. Sections 65852.2 and 65852.22 of the California Government Code address accessory dwelling units.
CITY COUNCIL PRIORITIES
As provided for in the 2023-2024 Adopted Budget and the City Council’s Pro-Housing Policies.
DISCUSSION
Ordinances 2555 and Ordinance 2556 were introduced at a noticed Public Hearing on September 5, 2023. Council made revisions to proposed Ordinance 2556, amending section A.2. and adding new subsections to section B.
Previous Discussion
These amended and introduced changes to the City’s Zoning Ordinance went before the Planning Commission as a public hearing on August 9, 2023. After some public comment and discussion, the Planning Commission unanimously recommended adoption of these ordinances and the environmental review (Refer to the Planning Commission Resolution at Attachment 1). A concern about the rental term came up and was addressed: ADUs or JADUs may be rented, provided the rental term is at least thirty (30) continuous days or more. Non-continuous or transient occupancy is prohibited.
IMPACT ON CITY RESOURCES
No appropriation of funds is needed.
ATTACHMENTS
1. Ordinance 2555
2. Ordinance 2556