CC 2024-11-12_10a AGMC Amendments_ADU_PPConsideration of Amendments to the ADU Ordinance
1
Background & Purpose
March 2024: City Council adopted Ordinance 729
Changes to height limits
Reduced setbacks
Allows front yard ADUs (units < 800 sf)
Requires an update to maintain an ADU ordinance that complies with state law
2
State Laws Affecting ADUs
AB 2533
Requires the City to approve a permit to legalize an unpermitted ADU/JADU built prior to 2020, unless the structure is considered a “substandard building”
SB 1211
Affects development of ADUs on MF properties by amending standards for replacement parking, and location and number of ADUs allowed.
3
AB 2533
Section 16.52.150.H amended to be consistent with law
Clarifies when the City may deny a permit to legalize an ADU/JADU
Specifies that unpermitted JADUs are afforded the same protections as ADUs
Applies to units built prior to January 1, 2020 (changed from Jan 1, 2018 )
4
SB 1211
Up to 8 detached ADUs on lots with existing MF units
Number of ADUs cannot exceed the number of primary units
No replacement of uncovered parking
Existing law/ordinance is silent on the matter
Defines livable space for purposes of determining what areas are eligible to be converted to ADUs
5
Height
Voluntary update to allow ADUs above detached garages
Inadvertently prohibition with the last update to the ordinance
Existing ordinance allows an ADU above an attached garage, but detached units are limited to 18 feet
25-foot height limit for ADUs above a detached garage
6
Process & Next Steps
PC recommended approval on 10/29
Introduce the draft ordinance to City Council on 11/12
If Council is supportive, adopt at a subsequent meeting
Becomes effective on 30 days after adoption
7
Environmental Review
Public Resources Code Section 21080.17 statutorily exempts the adoption of an ordinance to implement ADU law from CEQA
8
Introduce amendments to the ADU ordinance; and
Find that the ADU ordinance is statutorily exempt under PRC Section 21080.17
Recommendation
9