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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