CC 2022-09-13_09a ADU PP Presentations
Introduction of Amendments to the Accessory Dwelling Unit Ordinance
10/6/2022
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Background & Purpose
October 2019: Housing legislation amending Government Code Sections 65852.2 and 65852.22 was passed to streamline and encourage creation of ADUs
Eliminates lot size requirements
Reduces setbacks
Modifies the number of ADUs allowed on a single parcel
Amendments would bring the City’s ordinance into compliance with state law
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Project Timeline
August 3, 2021: PC Study Session
August 17, 2021: PC Recommendation Hearing
February 8, 2022: Introduction of Ordinance
Council directed staff to research and revise certain aspects of the Ordinance
July 26, 2022: City Council Study Session
Discuss revisions as directed by Council at Introduction Hearing
August 16, 2022: PC Recommendation Hearing
Supported as proposed with minor clarifications
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Definitions
Accessory Dwelling Unit:
Attached or detached residential dwelling unit provides complete independent living facilities
Junior Accessory Dwelling Unit
No more than 500 sf in size and contained entirely within a single family residence and shall contain an efficiency kitchen
May include separate sanitation facilities or share with the existing dwelling.
An ADU can be est. by new construction, conversion of an existing accessory structure or portion of a single-family dwelling, or factory built housing
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Factory-Built Housing
Ordinance identifies factory-built housing (FBH) as an allowed type of ADU
FBH is defined by the State as “residential structures manufactured wholly or partially offsite, in sections, or in building components which are assembled at the installation site to
form part of or most of a completed unit
FBH units are reviewed and approved by a third-party
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Number of ADUs
Any parcel that allows residential uses, with no lot size minimum
Allows a property developed with a SFR to establish both an ADU and JADU
Can add up to 2 detached ADUs on lots with existing multi-family dwellings
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Development Standards
“By-Right Provision” allows up to 850 sf for a studio/one-bedroom unit and 1,000 sf for 2+ bedrooms, subject to 4-foot rear and interior setbacks, and 16 ft height limit.
ADUs exceeding the size limits of the by-right provision are subject to the development standards of the underlying zoning district
ADUs shall comply with front setback requirement unless “no feasible alternative exists”
Detached units shall not exceed 1,200 sf
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Parking
Maximum one space per unit pursuant to State law
Two new parking exemptions:
No parking is required when an ADU is established within an existing structure
Parking for neither the primary or ADU is required when a garage is converted to create an ADU
When parking is required, those spaces:
Must be on a paved surface
May be uncovered
Located in setback areas, subject to certain standards
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Objective Design Standards
Ordinance includes the following design standards:
The colors used for architectural features of a detached ADU must match the appearance and design of those of the primary dwelling.
If a garage is converted to an ADU, the garage door opening shall be replaced with materials to match the existing siding of the primary
ADUs created under the By-Right provisions, pre-approved plan program, and factory-built housing units are exempt from these standards
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Objective Design Standards
ADUs proposed on properties in the D-2.4 Historic Overlay District shall also comply with the following standards:
Second floor living area shall be setback 5 feet from ground floor footprint.
Window sashes and doorframes shall be made of wood or vinyl that looks like wood.
New or replacement doors shall be wood or an approved substitute material that simulates the appearance of original materials.
The use of fluorescent "neon", "day-glo", or bright primary colors is prohibited.
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Occupancy
Properties developed with a JADU require owner occupancy in either the primary unit or JADU
Neither ADUs or JADUs would be eligible to obtain a permit for short term rentals
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Impact Fees & Utilities
ADUs under 750 sf are exempt from paying development impact fees
Units greater than 750 sf shall be charged impact fees as a proportion of the area of an ADU to the primary
ADUs that require separate utility connections shall also be charged a fee that is proportional to the square footage of the ADU to the primary unit
Example: An 800 sf ADU built on a property with a 1,600 sf primary dwelling would be assessed half of the typical impact fees
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Effect on Utility Bills
Increase in approx. $36/month in fixed costs for the addition of a second unit
$72 per bi-monthly bill
Additional fees are assessed for usage on a per unit basis
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Fee Waiver Program
Staff proposes a program that would waive permit fees for ADUs proposed at 500 square feet or less
A property owner would agree to rent the ADU to a low income household for 10 years or a very low income household for 7 years
Money from the Inclusionary Affordable Housing Trust Fund would be used to recoup the loss of revenue
Consistent with the intent of the Fund, which is to increase the supply of affordable housing
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Next Steps
Adoption of ordinance amendments and fee waiver resolution are proposed to occur on September 27th
Submit Ordinance to HCD for review to ensure compliance with State law
Amendments will take effect 30 days after adoption
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Environmental Review
Statutorily exempt per Section 15282(h) of the Guidelines regarding projects involving the adoption of an ordinance regarding second units in a single-family or multifamily residential
zone by a city to implement provisions of Government Code Section 65852.2
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Public Notification
Tonight’s agenda and staff report were posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2
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Connection Fees
When a new water or sewer connection is required the following fees will be imposed
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