Walnut Creek approves ADU plan for faith-based properties (2024)

WALNUT CREEK — Property owners of the roughly three dozen churches, synagogues, mosques and other properties used for religious services in Walnut Creek will soon be able to legally build up to two accessory dwelling units on their land.

But this change is not intended to spur projects like Hope Village at Grace Presbyterian Church, where six ADUs will soon be built alongside on-site supportive services such as counseling, health care referrals and laundry facilities to help support low-income seniors transitioning out of homelessness.

Instead, the Walnut Creek City Council unanimously approved amendments to the city’s ADU ordinance Tuesday night — creating a more conservative path for religious leaders to help residents struggling to secure an affordable home. In addition to allowing for approval without requiring input from the city’s planning commission or council, the intent is that owners of religious-based properties will not have to wade through extensive community pushback and environmental reviews that commonly disrupt higher-density blueprints.

Mayor Pro Tem Cindy Darling applauded this carveout to accelerate more modest ADU projects.

“This is going to be a way for a faith-based organization that is having a hard time getting a preschool teacher that can live in town — and I can see several churches that have those kinds of needs — to build something on site,” Darling said Tuesday. “(The ordinance is) for people that just need a place to live in a city without very many of those.”

Additionally, the amended ordinance fills a gap for projects that don’t take advantage of numerous state laws that further streamlined faith-based properties’ housing initiatives, such as SB 4and AB 2162, which facilitated Hope Village’s ongoing development.

Aaron Sage, principal planner, said during Tuesday’s meeting that the city issued 147 building permits for ADUs between 2015 and 2023. While that represents only 7% of all housing in Walnut Creek, those homes accounted for 55% of the city’s total below-market units.

But the city’s ordinance historically only allowed those kinds of homes — often called in-law units, granny flats or carriage houses — on properties with single- or multi-family dwellings.

The council voted to expand those building rules to include lots that are zoned for “religious assembly use.” Sage said Walnut Creek will allow construction on sites dedicated to religious worship and incidental religious education, but not private schools. These approved plots of land will now span neighborhoods that feature single-family homes, pedestrian retail centers and commercial uses, including the city’s downtown core.

These structures will be largely limited to 1000-square-foot floor plans and a 16-foot maximum building height, which will likely be single-story units. The ADUs must be designed, however, to visually match or compliment the architectural features of the religious-based structures on the same property.

Following Tuesday’s approval, the council is slated to adopt and implement the amended ordinance on June 18. Sage said the final ordinance also now aligns with the promises Walnut Creek made in its most recent Housing Element to increase affordable housing options within city limits. The effort will be implemented before the June 30 deadline set by state officials to maintain their certification of the city’s plan.

While ADU regulations are often a hot button issue at council meetings across the Bay Area, no residents spoke during Walnut Creek’s discussion Tuesday night when amendments to the ordinance were ironed out. Only threeresidents emailed their thoughts: one largely in support; one wary of impacts on safety, parking and tax equity; one in stern dissent, arguing that the city is already too overcrowded to sustain the “uncontrolled growth” feeding these kinds of housing projects.

“The streets are congested. Parking is horrible. At some point enough is enough,” resident Julie Fletcher wrote. “The charm of Walnut Creek is slipping away. Please ask yourself if current residents are interested in squeezing more people into this finite space. It’s too much!”

None of the elected officials shared those anxieties, but Councilmember Cindy Silva was concerned that a previous draft of the amended ordinance that aimed at protecting commercial areas from ADU construction would also prevent several of the city’s roughly 35 religious assembly properties from taking advantage of the new rules.

City staff ultimately clarified that up to two ADUs can be built on faith-based properties, as long as that land is zoned to permit both residential use and religious-based uses — narrowly avoiding a legal mess that would have excluded congregations at St. Mary’s Church, Walnut Creek Presbyterian Church and St Paul’s Episcopal Church, which are all located between Highway 680 and the city’s downtown.

Silva also suggested drafting objective design standards that would allow flexibility for the styles of windows, roofs and other features — intended to not only avoid forcing ADUs to include spires, minarets or stained glass, but also prevent those homes from inadvertently looking like commercial storage units.

“I think we need to be really cautious that we’re defeating the (ordinance’s) purpose, which is the mission of the faith-based communities,” Silva said. “They may find this a good opportunity for them.”

Walnut Creek approves ADU plan for faith-based properties (2024)

FAQs

Walnut Creek approves ADU plan for faith-based properties? ›

WALNUT CREEK — Property owners of the roughly three dozen churches, synagogues, mosques and other properties used for religious services in Walnut Creek will soon be able to legally build up to two accessory dwelling units on their land.

Are ADUs subject to rent control in California? ›

A new ADU probably wouldn't be covered by rent control laws, however if you rent out your main home as well, then rent control law could impact the single-family home that's on the same lot as a new ADU, if the main home was built more than 15 years ago.

Can you build an ADU on a rental property in California? ›

Yes, you can rent your ADU. And you can build an accessory unit on a rental property for ADU rental income. Previously, California state law enforced specific legislation regarding owner occupancy requirements.

What is the California proposition for ADU? ›

Assembly Bill 68 allows landlords and homeowners to add 2 more units – an ADU and a Junior Accessory Dwelling Unit (JADU) – on any residential lot. This means you can legally create a triplex on every single lot (if your lot meets size and setback requirements) according to the 2024 ADU laws in California.

How many bedrooms can an ADU have in California? ›

California state law does not allow a limit on the number of bedrooms in an ADU. Limiting the number of bedrooms can be considered discriminatory towards protected classes and impede the development of new ADUs. Local governments cannot adopt ordinances that impose bedroom limits for new ADUs.

What properties are exempt from rent control in California? ›

However, there are a few exceptions, including:
  • Single-family homes and condominiums.
  • Duplexes where the owner lives in one of the units.
  • Buildings constructed less than 15 years ago.

Can an HOA stop you from building an ADU in California? ›

No, the HOA cannot prevent you from building an ADU. The California Housing and Community Development Department (HCD) has stated, “Specifically, CC&Rs that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on such lots are void and unenforceable (Civ. Code § 4751).

Can you Airbnb an ADU in California? ›

If you are renting your ADU and your tenants want to leave and rent it short-term on Airbnb, you can allow them to do so with notarized written permission. Los Angeles requires vacation rental owners to get a Transient Occupancy Tax Registration Certificate within 30 days of starting business.

Can I convert my garage into a ADU in California? ›

Permitting is the first step to building an ADU, and permits are required for most types of construction in California. For garage conversions, you'd need to get local permits for the new use of the structure, as you'd no longer be using it as a garage.

What's one drawback of an ADU? ›

Space Limitations

One of the biggest drawbacks of living in an ADU is the limited living space.

What is the $40,000 grant in California for ADU? ›

The ADU Grant provides up to $40,000 towards pre-development and non-reoccurring closing costs associated with the construction of the ADU. Predevelopment costs include site prep, architectural designs, permits, soil tests, impact fees, property survey, and energy reports.

What are the new laws for ADU in California in 2024? ›

Now, homeowners can build an ADU with a minimum size of 800 square feet and a maximum height of 16 feet, adhering to a 4-foot setback from side and rear yards. These changes significantly ease the process of ADU construction, allowing for more flexibility in design and placement on the property.

Does California rent control apply to condos? ›

A 1995 state law, the Costa-Hawkins Rental Housing Act, says that local rent-control regulation doesn't apply to single-family homes, condominiums, and units built after February 1, 1995 (many ordinances also exempt properties built after the Act's effective date).

What are the laws regarding ADUs in California? ›

AB 976 permanently extends the ability of property owners to construct affordable rental ADUs. These provisions had been in place as of 2020, but were due to expire in 2025. The new California ADU law has now made this a permanent provision, and new ADUs can even be built on the same property as existing rentals.

Does AB 1482 apply to ADU? ›

Sadly, because most of the ADU's and Granny Flats across California were built within the last 10 years, these dwellings will be considered to be exempt under AB 1482. By being exempt this also means that landlords have the ability to raise the rent on their tenants whenever they want and possibly evict them as well.

Are duplexes subject to AB 1482? ›

Specifically, this provision of AB 1482 is critical for landlords who may have formed LLCs or other corporate entities to rent out their first or second homes. Duplexes are also exempt from AB 1482 if the owner occupies one of the units.

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