Lafayette ADU / Granny Flat Ordinance

WHEREAS, the City of Lafayette, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and

WHEREAS, the Planning and Zoning Law authorizes cities to provide by ordinance for the creation of second units; and

WHEREAS, to address California’s shortage of housing supp ly, the California Legislature approved, and the Governor signed into law, Assembly Bill 2299 (Bloom, Chapter 735, Stats. 2016) and Senate Bill 1069 (Wieckowski,Chapter 720, Stats. 2016); and

WHEREAS, Assemb ly Bill 2299 and Senate Bill 1069 (collectively, “AB 2299″) are double jo inting bills, which among other things, amend California Government Code Section 65852.2. This statute imposes new limitations on local authority to regulate second units, which are now referred to as “accessory dwelling units” (“ADU”); and

WHEREAS, Assembly Bill 2299 will become effective on January 1, 2017 and will render all non­ compliant local ordinances null and void on that date unless and until an agency adopts an ordinance that complies with Government Code Section 65852.2; and

WHEREAS, the City desires to amend its local regulatory scheme for the construction of accessory dwelling units that complies with Assembly Bill 2299.


Section 1. Incorporation of Recitals. The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

Section 2. Amendment to Lafayette Municipal Code, Title 6, Part 2, Chapter 6-5, Article 3. Lafayette Municipal Code, Title 6,Part 2, Chapter 65, Article 3 (“Second Units”) is hereby amended and restated as provided in Exhibit “A,” attached hereto and incorporated herein by this reference.

Section 3. Amendment to Lafayette Municipal Code, Title 6, Part 2, Chapter 6-3, Section 6-302.

Lafayette Municipal Code, Title 6, Part 2, Chapter 6-3, Section 6-302 (“Accessory building”) is hereby

amended and restated to read as follows: “Accessory building” means a subordinate building of 120 sq. ft. or less, the use of which is incidental to that of a main building on the same lot.

Section 4. Urgency Findings. The City adopts this ordinlrl-R1:!%ffiefg iy eJa? fpEt }uant to Government Code Section 36937(b) to protect the public safety, healt R§\X a There is a current

Ot.C 2 8 2016