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HomeMy WebLinkAboutPlanning Commission 2017-07-25 Agenda Packet�pNA RAFAGENDA ►1, SAN RAFAEL PLANNING COMMISSION REGULAR MEETING TUESDAY, July 25, 2017, 7:00 P.M. s o COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE C, 41 SAN RAFAEL, CALIFORNIA CALL TO ORDER PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION Anyone with an urgent communication on a topic not on the agenda may address the Commission at this time. Please notify the Community Development Director in advance. CONSENT CALENDAR Minutes July 11, 2017 PUBLIC HEARINGS 2. 703 — 723 Third St. and 898 Lincoln Avenue — Conceptual Design Review for redevelopment of two contiguous Downtown parcels, currently developed with 15,000 sq. ft. of commercial space. The project proposes to construct a new, 6 -story, 66 -tall, multifamily residential building with 138 rental units above 143 ground -floor garage parking spaces. The project includes requests for height and density bonuses, and a front setback waiver; APNS: 011-278-01 & -02; Second/Third Mixed Use East (2/3 MUE) District Zones; Wick Polite of Seagate Properties, Inc., Applican't; 703 Third Street LP, Owners; Downtown Neighborhood Project Planner: Steve Stafford DISCUSSION ITEMS 3. Second Dwelling Unit/Accessory Dwelling Units — Study Session regarding revisions to the City's Accessory (Second) Dwelling Unit Ordinance due to recent changes in State law governing Accessory Dwelling Units and Junior Accessory Dwelling Units; Citywide, City of San Rafael, applicant, Case File(s): P1 7-009/ZO1 7-002. Project Planner: Raffi Boloyan OTHER BUSINESS 4. Election of new Officers (Chair and Vice Chair) due to recent vacancy. DIRECTOR'S REPORT COMMISSION COMMUNICATION ADJOURNMENT Next Meeting: August 15, 2017 I, Anne Derrick, hereby certify that on Friday, July 21, 2017, 1 posted a notice of the July 25, 2017 Planning Commission meeting on the City of San Rafael Agenda Board. • Sign interpreters and assistive listening devices may be requested by calling 415/485-3085 (voice) or 4151485-3198 (TDD) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. • Public transportation to City Hall is available through Golden Gate Transit, Line 20 or 23. Paratransit is available by calling Whistlestop Wheels at 415/454-0964. • To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented oroducts. Any records relating to an agenda item, received by a majority or more of the Agency Board less than 72 hours before the meeting, shall be available for inspection in the Community Development Department, Third Floor, 1400 Fifth Avenue, and placed with other agenda -related materials on the table in front of the Council Chamber prior to the meeting. THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P.M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERPRETED TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00 P. M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A UNANIMOUS VOTE OF THE MEMBERS PRESENTAPPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P. M. ON THE FOLLOWING TUESDAY) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON -APPLICANTS) OR A $4,476 DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00 ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, July 11, 2017 RA N 't y p' Regular Meeting San Rafael Planning Commission Minutes For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings CALL TO ORDER Present: Larry Paul Jack Robertson Barrett Schaefer Berenice Davidson, Acting Chair Jeff Schoppert Mark Lubamersky Absent: Sarah Loughran Also Present: Raffi Boloyan, Planning Manager Steve Stafford, Senior Planner PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION CONSENT CALENDAR 1. Minutes June 27, 2017 Jack Robertson moved and Larry Paul seconded to approve minutes as presented. The vote is as follows: AYES: Larry Paul, Jack Robertson, Barrett Schaefer, Mark Lubamersky NOES: None ABSTAIN: Berenice Davidson, Jeff Schoppert ABSENT: Sarah Loughran PUBLIC HEARINGS 2. 23 Meyer Rd. (Temporary Address) – Request for an Environmental and Design Review Permit to allow the construction of 3,570 sq. ft. new single-family residence and associated site improvements (driveway, retaining walls, drainage and landscaping) on a vacant, 93,857 sq. ft. (2.15 acre), hillside and ridgeline site; APN: 012-291-15; Single -Family Residential -Hillside Development Overlay (R1a-H) District; Draper Revocable Trust, owner; Jerome Draper, applicant; File No.ED15-027. Project Planner: Steve Stafford Staff Report Mark Lubamersky moved and Jack Robertson seconded to adopt resolution approving project with modifications as outlined by staff. The vote is as follows: AYES: Larry Paul, Jack Robertson, Barrett Schaefer, Berenice Davidson, Acting Chair, Jeff Schoppert, Mark Lubamersky NOES: None ABSTAIN: None ABSENT: Sarah Loughran DIRECTOR'S REPORT COMMISSION COMMUNICATION ADJOURNMENT: ADJOURNMENT: ANNE DERRICK, Administrative Assistant III APPROVED THIS—DAY—OF - , 2017 Berenice Davidson, Acting Chair Meeting Date: SAN RAFAEL i Agenda Item: THE CITY WITH A MISSION Community Development Department — Planning Division July 25, 2017 Case Numbers: CDR17-005 Project Planner: Steve Stafford / (415) 458-5048 REPORT TO PLANNING COMMISSION SUBJECT: 703 — 723 Third St. and 898 Lincoln Avenue — Conceptual Design Review for redevelopment of two contiguous Downtown parcels, currently developed with 15,000 sq. ft. of commercial space. The project proposes to construct a new, 6 -story, 66' -tall, multifamily residential building with 138 rental units above 143 ground -floor garage parking spaces. The project includes requests for height and density bonuses, and a front setback waiver; APNS: 011-278-01 & -02; Second/Third Mixed Use East (2/3 MUE) District Zones; Wick Polite of Seagate Properties, Inc., Applicant; 703 Third Street LP, Owners; Downtown Neighborhood :EXECUTIVE SUMMARY The Planning Commission (Commission) is requested to provide early feedback on a conceptual project proposing to redevelopment and consolidation of two contiguous Downtown parcels. The conceptual submittal proposes to construct a 6 -story, 66 -tall, multifamily residential building with 138 units above 143 garage parking spaces. The Design Review Board (Board) reviewed the concept project and provided comments at their June 20, 2017 meeting, which is discussed in staff's report below. The project will require the following approvals: • A 'major' Environmental and Design Review Permit, for the new multifamily residential building; • A Use Permit to allow: 1) Residential uses in a commercial (2/3 MUE) zoning district; and 2) A Parking Modification to allow: A) The reduction in on-site parking, from 159 required parking spaces to 143 proposed parking spaces; and B)The use of mechanical parking lifts to primarily meet the parking requirement for the project; and • A Lot Line Adjustment for the consolidation of the two contiguous parcels. The concept project requests 12 ft. height bonus as a 'minor' concession under the State Density Bonus law, which the City is required to grant if the project provides the required affordability (20% of max. allowable density or 9 units based on 46 max. base density). The Planning entitlements would typically require the Commission review and approval, based on the recommendations of the Board. However, the project also proposes: A 300% density bonus (92 units total); and A waiver of the required 5' front setback. Both of these requested modifications to development standards are also requested as 'major' concessions' under the State Density Bonus law, which require the submittal of a financial pro forma by the applicant. Due to the required financial pro forma, the project will require City Council (Council) review and approval, based on the recommendations of the Board and Commission. 1 Where the applicant is requesting the modification or waiver of a development. standard or a zoning or architectural design requirement, the applicant shall submit evidence demonstrating that the application of the subject standard or requirement would preclude construction of the project at the densities provided for in California Government Code Section 65915 and that the waiver or modification is necessary to make development of the project financially feasible. REPORT TO PLANNING COMMISSION - Case No: CDR17-005 Page 2 Overall, staff is supportive of the addition of housing in this part of Downtown and. the project would provide much needed housing near services and transit. Staff supports the proposed 6 -story scale of the project, primarily based on the scale of the neighboring BioMarin campus which is 48-67' in height and includes a height bonus. Although the City has not yet seen mechanical parking lifts in any projects, these are trending in development projects in. other Bay Area communities. Staff requests, however, the Commission review and provide comments on following specific aspects of the concept project, which will be included with previous comments provided by the Board on the . concept project to help guide the formal project submittal: Density The project requests a 300% density bonus (138 units where a max. 46 units allowed), where a max. 35% density bonus (17 units) is allowed by meeting the City's affordable housing requirement. The 300% density bonus (92 units) is a 'major' concession under the State Density Bonus law, which requires the applicant submit a financial pro format. Mechanical Parking Lifts The project proposes the installation and operation of mechanical parking lifts to meet its required parking. Ground -Floor Commercial Under the Zoning Ordinance, residential use on the site is only allowed if part of mixed-use development. This restriction is also supported by both adopted 'vision' documents (Downtown Vision and Downtown Station Area Plan), which encourage ground -floor retain space, particularly along the Tamalpais Avenue frontage, with no additional on-site parking required for the commercial space. Building Design Under the General Plan, the site is located within the "Hetherton ,Gateway" District of Downtown and includes specific design recommends to "step back' upper floors of development. In addition, the Review Criteria for Environmental and Design Review Permits recommends equal attention to architectural design and detail along the facades of all elevation in sensitive locations. The project design significantly diminishes articulation along the south building elevation, which has as much or greater public visibility as the other three building elevations. Lastly, the adopted Downtown Design Guidelines recommends re -orienting the building entrance, the lobby to the upper -story residences, to one of the more pedestrian - friendly side streets, Tamalpais or Lincoln Avenues. Sidewalk Projections The proposed projections of the upper stories which include habitable space extending over the public sidewalk Right -of -Way (ROW) is not something specifically allowed by City code and needs acceptance by the Public Works Department (DPW). DPW will support limited encroachments over the sidewalk; these projections, however, should be architectural features only and should not create living space into the ROW. As a practical matter, DPW has not developed a permitting process to allow the creation of private habitable space over the public sidewalk beyond the standard revocable licensing agreement 2 Pro forma information shall demonstrate to the city that the requested concession or incentive results in an identifiable, financially sufficient, and actual cost reduction. The cost of reviewing any required pro forma data submitted as part of the application in support of a request for a concession or incentive, including, but not limited to, the cost to the city of hiring a consultant to review said pro forma, shall be borne by the applicant. Building Scale REPORT TO PLANNING COMMISSION - Case No: CDR17-005 Page 3 The proposed 6 -story scale complies with the height limits for the site, which includes a 12' height bonus for meeting the project's affordable housing requirement. Is. the 6 -story scale appropriate given its close proximity to the BioMarin campus which has a 4- to 6 -story scale? RECOMMENDATION It is recommended that the Commission receive the applicants presentation, accept public testimony, discuss the concept including asking any questions of the applicant or members of the public or staff, and provide comments on the conceptual project including any concerns of the Commission that need to be addressed in formal application submittal. ;PROPERTY FACTS Address/Location: 703 - 723 Third St. / 898 Parcel Number(s): 011-278-01 & -02 Lincoln Ave. Property Size: 28,000 sf (combined) Neighborhood: Downtown Site Characteristics General Plan Designation I Zoning Designation Existing Land -Use Project Site: Second/Third St. Mixed- Use (213 MU) Second/Third St. Mixed -Use East (213 MUE) Commercial retail; office North: Hetherton Office (HO) HO Private parking lot; retail South: Lindaro Office (LO) Planned Development (1901) BioMann parking structure East: Public/Quasi-Public (P/QP) P/QP Bentini Transit Center West: 2/3 MU 2/3 MUE Goodwill Site Description/Setting: The project site is comprised of two (2) contiguous developed Downtown parcels with a combined 28,000 sq. ft. lot size. The project site has three frontages: Third St., and Lincoln and Tamalpais Avenue. It is flat (<I% average cross -slope) and located outside the Downtown parking district. It is currently developed with 15,000 sq. ft. combine commercial space with two, 1 -2 -story buildings and a surface parking lot. Access to the project site is currently along both the Third St. and Tamalpais Avenue frontages. The west portion of the project site (898 Lincoln Ave.) was originally developed in the 1940s and has' a long history of automotive sales and service uses. It is identified in the current General Plan as a `housing opportunity' site. The east portion of the project site (703 Third St.) is relatively newer and was developed in 1995 and until recently long -served the community as "Marin Filmworks". The east portion of the site is immediately west of the City's Bettini Transit Center and southwest of the new Downtown SMART station. The BioMarin campus lies south and southwest of the project site. BACKGROUND On March 2, 2017, the project obtained Pre -application review comments. At that time, the scope of the project was similar to that proposed in the Conceptual Design Review submittal, with the exception of the following: • The overall height of the project was 7 -stories and a maximum 74.5' -tall; and • The project proposed two floors of garage parking spaces rather than mechanical parking lifts. REPORT TO PLANNING COMMISSION - Case No: CDR17-005 Page 4 On June 20, 2017, the Design Review Board (Board), reviewed (Planning Commission Liaison Schaefer) the conceptual project and, generally, recommended a higher -quality 'Gateway' design with limited sidewalk encroachments, stepped back upper -stories and ground -floor commercial. space, particularly along the Tamalpais Avenue, which are discussed below in greater details in the Design Review Board section of this report. PROJECT DESCRIPTION Use: The project proposes redevelopment of two contiguous parcels currently developed with existing 1 -2 - story commercial buildings and a surface parking lot. The project proposes to construct a new, 6 -story, 66' -tall, multifamily residential building with 138 rental units above 143 garage parking spaces. The proposed unit configuration includes 39 studio units (409-921 sq. ft. in size); 57, 1 -bedroom units (616- 825 sq. ft. in size); and 42, 2 -bedroom units (905-1,239 sq. ft. in size). The project does not include a condominium map. All existing development on the two parcels are proposed to be demolished. Density: The project proposes to construct 138 rental units, which is 92 units above the maximum density allowed on the site by both the General Plan and the Zoning Ordinance. The project proposes to provide 20% (or 9.2 units) of the base 46 -units as 'affordable'. This amount of affordability makes the project eligible for a density bonus of up to 35% and up to three (3) concessions. Site Plan: Vehicular egress and ingress to the project site would be along two, 26' -wide, separated, two-way driveways along the Tamalpais Avenue frontage. Pedestrian access to the project site would be primarily along the Third St. frontage though secondary pedestrian access is provided along both the Lincoln and Tamalpais Avenue frontages. The project proposes development to the property lines, including the front property line (Third St.) which requires a minimum 5' landscaped setback. The upper stories are proposed to project over the ROW as described below. Architecture: The project proposes a contemporary design and a consistent and expansive `earthtone/woodtone' material and color palette would provide a unifying visual form among the three street frontages. Large storefront windows are proposed along the ground floor (parking garage) with a mixture of cementitious panel siding and corrugated metal siding on the exterior facade of the upper floors of the building (Floors 2 thru 6). The upper floors project 4 - 6' into/over the sidewalk ROW along all three street frontages. A majority of windows along the three street frontages would include 1' -wide "shade box" trim which projects from the building fagade and into/over the ROW. Metal and glass canopies on the ground -floor would extend 5' into/over the ROW and wood and steel trellis structures on the ground -floor and roof deck would encroach 10' into/over the ROW. On the non -street front elevation, the south elevation, the same exterior treatments (mixture of cementitious panel siding and corrugated metal siding) are proposed, though without the projections off the building fagade since this is a common property boundary with 770 2nd St. ("Marin Color"). In lieu of the projection details, the project proposes to inset the upper floors of the building (Floors 2 thru 6) 10'. The new building is O -shaped with a central landscaped courtyard on the 2nd floor which opens to the sky. The project includes a common use and partially covered roof deck with recreational amenities and solar panel array. Fourteen units on the 6th floor would have access to recessed private balconies. The new buildings proposes a tall (18.5' ceiling plate) ground floor, to allow the installation and operation of mechanical parking lifts, above more standard (9.5' ceiling plates) upper -story residential floors. (A Material and Color Board has been prepared by the applicant and will be presented during the Commission study session). REPORT TO PLANNING COMMISSION - Case No: CDR17-005 Page 5 Building Height: The project proposes and is eligible for a 12' height bonus for the project, as a concession under the State Density Bonus law; for meeting the required 20% (9.2 units) affordable housing requirement. The maximum height allowed by zoning is 54' and the project proposes a 66' building height, consistent with the allowable height bonus. Parking: ' The project proposes to utilize mechanical parking lifts to meet nearly its entire parking requirement. The project is required to provide 159 on-site parking spaces, based on the number of units, their size and configuration. The project proposes to provide 143 on-site parking spaces, 135 of which are provided by mechanical or `jig saw' parking lifts. Landscaping: The project proposes a 3,570 sq. ft. landscape courtyard on the 2�d floor and a 2,857 sq. ft. landscaped roof deck. In addition, the project proposes raised planters recessed at the ground level along all three street frontage's, providing 492 sq. ft. of additional combined perimeter landscaping. Details on specific landscaping species are not provided with the exception of the roof deck, which is proposed to be a mixture of sword ferns and yerba Buena herbs. The project proposes to remove a total of four (4) existing street trees and install a total of five (5) new street trees; primarily along the Third St. frontage. The plans do not provide details on the proposed species of new street trees ANALYSIS San Rafael General Plan 2020 Consistency: General Plan policies pertinent to review of this development project are attached to staff's report (Exhibit 2). The General Plan contains many competing policies that need to be weighed and considered. The General Plan land use designation for the site is Second/Third Street Mixed Use (2/3MU). The 2/3MU designation allows office use, neighborhood serving commercial uses and residential uses as part of mixed-use development. Since the concept project proposes residential only use, without ground -floor commercial space, it would not be consistent with Land Use Policy LU -23 (Land Use Map and Categories). The proposed project would be in accordance with Land Use Policy LU -13 (Height Bonuses) with the granting of a concession under the State Density Bonus law. The project also would be in accordance with Housing Policy H-18 (Inclusionary Housing Requirements) by providing 20% affordable housing units or 9.2 units. The project design likely would be in accordance with Community Design Policy CD -5 (Views), which seeks to respect and enhance to the greatest extent possible, views of St. Raphael's church bell tower, hills and ridgelines from public streets, parks and publicly accessible pathways.. According to the Neighborhoods policies in General Plan, the project site is located within the "Netherton Gateway" District of Downtown. Design considerations for this area call for "...high-quality and varied design with landmark features that enhance the District's gateway image". New building design should: • Emphasize gateway character by incorporating transitional treatments such as accent elements and public art; • Stepback upper stories; • Ground -floors include a pedestrian scale; and • Include useable outdoor areas, courtyards and arcades that are landscaped, in sunny locations and protected from freeway noise. With the exception of the proposed courtyard feature, Staff finds the project should comply better with the design considerations of the "Netherton Gateway" District, as adopted in the General Plan. As a concept - level plan, it is difficult for staff to comment on the site landscaping; formal project application submittal REPORT TO PLANNING COMMISSION - Case No: CDR17-005 Page 6 will be required to provide detailed landscape plans, in addition to visual simulations of the project site from several vantage points identified by staff. Zoning Ordinance Consistency: Chapter 5 — Commercial and Office Districts The project site is located within the Second/Third St. Mixed Use East (2/3 MUE) District, a Downtown zoning district. The proposed project will require consistency with the property development standards for the 2/3 MUE District, including maximum density (600 sq. ft. of lot area/unit), minimum setbacks (5' .front), building height (54' + 12' height bonus ) and minimum landscaping (10% including required front setback). As conceptually designed, the project would conditionally comply with the maximum density and height standards for the 2/3 MUE District with a 12' height bonus with the approval of concessions under the State Density Bonus law for a height bonus and a density bonus above the 35% allowed. (see discussion below). The project also would conditionally comply with the minimum setback requirement with a setback waiver as another concession under the State Density Bonus law for meeting the City's affordable housing requirement (20% or 9.2 units). With the setback waiver approved, the project would comply with the minimum landscape requirement when the proposed landscape planter areas along the ground -floor are combined with those proposed within the 2nd floor courtyard and roof deck. Private and common outdoor area is encouraged rather than required in the Downtown districts. While landscape plans were not included in the concept project submittal, landscaping is represented on the ground -floor, 2"d floor courtyard and roof deck, which appear to staff to exceed the minimum landscape requirement (10% or 2,800 sq. ft. landscaping). As stated previously, the project would not be consistent with Section 14.05.022 of the Zoning Ordinance, which clearly states that residential uses in the 2/3 MUE District are allowed only as part of mixed-use projects. This restriction is supported by both the adopted Downtown Vision and the Downtown Station Area Plan, the later which encourages ground -floor retail uses along the Tamalpais Avenue frontage and no additional on-site parking for the ground -floor retail space, due to the proximity to the Downtown SMART station, even though the site is located outside the Downtown parking district. Chapter 16 — Site and Use Regulations Affordable Housing Requirement Pursuant to Section 14.16.030 (Affordable Housing Requirements) of the Zoning Ordinance, projects proposing 21 or more housing units are required to provide 20% of the proposed units as 'affordable' housing _units. The base density for this site is 46 units (28,000 sq. ft. lot/600 sq. ft. density standard). The project proposes to set aside 20% (9.2 units) of those 46 units as affordable and is therefore eligible for a 35% density bonus (or 17 bonus units). That would make the total of 63 units. This affordability will also allow the project to seek up to three (3) concessions (concessions requested by the project are:: 1) 12' height bonus; 2) density bonus above the 35% or 17 units; and 3) a setback waiver) under the State Density Bonus law. Two of the proposed concessions, are considered major concessions and therefore are subject to approval of the City Council and require that the applicant demonstrate through a pro forma that the concessions are needed to make the project financially feasible. At the time of formal project submittal, staff will require specific details from the applicant on how the project meets their affordable housing requirement and how it is eligible for a density bonus and concessions under the State Density Bonus law. REPORT TO PLANNING COMMISSION - Case No: CDR17-005 Page 7 Density Bonus (Automatic) By providing the required 9.2 'affordable' units (20%), project is eligible for an automatic 35% density bonus or a total of 17 additional 'density bonus' units above the 46 base units, for a total of 63 units , As noted above, the project proposed the project proposes a total of 138 units or 92 density bonus units, a 300% density bonus. Additional Density Bonus (Discretionary) The project proposes a total density of 138 units, 92 units above the maximum allowable density on the site and 75 units above the maximum (20% or 9 units) 'automatic' density bonus provided by complying with the City's affordable housing requirement. The density bonus law allows the City at its sole discretion, to consider a density bonus exceeding the state minimum requirements where the applicant agrees to construct a greater number of affordable housing units than required pursuant to" subsection (13)(2) of this section and necessary to qualify for the density bonus under this section. If such additional density bonus is granted by the City and accepted by the applicant, the -additional density bonus shall be considered an additional concession or incentive. At this point, the applicant has indicated that they are not proposing more affordable units than the required 20% and they plan to seek a concession and demonstrate that the project in financially infeasible without 138 total units. At the time of formal project submittal, the applicant will be required to provide a financial pro forma demonstrating that the additional density bonus results in "identifiable, financially sufficient and actual cost reductions" (underline added) to the project. This concession requesting a density bonus above the maximum allowed under the State Density Bonus law is discretionary, allows staff to hire a consulting economist for peer review (at the applicant's cost) and requires City Council review and approval. Though skeptical the applicant's financial pro forma may not meet the required findings for the 75 -unit density bonus concession, staff supports an additional density bonus concession if the number of affordable housing units proposed by the project and percentage of affordability provided by the project were increased above the minimum 20% affordable housing requirement. Height Bonus Concession (Automatic) The project proposes a 12' height bonus, from a maximum allowable 54' to 66' building height, for meeting their affordable housing requirement. Both the General Plan and Section 14.16.190 allow a height bonus up to 12', in the 2/3 MUE District for complying with the City's affordable housing requirement. A height bonus, if approved, counts as a concession under the State Density Bonus law, though it does not require submittal of a financial pro forma. Setback Waiver Concession (Discretionary) The project requests a waiver of the required 5' landscaped front setback (Third St. frontage) also as a concession under the State Density Bonus law for meeting their required 20% affordable housing requirement. At the time of formal project submittal, the applicant will be required to provide a financial pro forma demonstrating that the waiver of the required 5' landscaped front setback results in "identifiable, financially sufficient and actual cost reductions" (underline added) to the project. This concession requesting a waiver of the required 5' landscaped front setback, like the additional 75 -unit density bonus above the maximum allowed under the State Density Bonus law, is discretionary, allows staff to hire a. consulting economist for peer review (at the applicant's cost) and requires City Council review and approval. Like the requested 75 -unit density bonus concession, staff supports the requested setback waiver concession. Building Height Exclusion Pursuant to Section 14.16.120 (Exclusions to Maximum Height Requirements) of the Zoning Ordinance, architectural and screening features, which extend above the maximum allowable building height, may be excluded from height calculations with an Environmental and Design Review Permit. The project proposes a 12' -tall wood and steel trellis on a small portion of the roof deck area which increases the overall height on that portion of the project from 66' to 78', where a maximum 54' building height is REPORT TO PLANNING COMMISSION - Case No: CDR17-005 Page 8 allowed (66' with height bonus). The rooftop trellis is an architectural feature and is excluded from building height calculations, based on the following: It is an architectural or design feature which coordinates with another trellis at the ground level that projects over/above the ROW and creates a sense of entry to the lobby for the residential units; It is an architectural or design feature which screens the elevator shafts for the residential units; and • It is an integral shade structure for the common roof deck amenities for the residents. Sight Distance Pursuant to Section 14.16.295 (Sight Distance) of the Zoning Ordinance, driveways shall provide a sight distance triangle of 15' from the curb return, or as determined by the City Engineer. The project proposes two 26' -wide, separated, two-way driveways along the Tamalpais Avenue frontage, which limit the sight distance triangle to 6' only. At the time of formal project submittal, the building design will require modification to inset the driveways better to provide the full 15' sight distance triangle. Chapter 18 — Parking Standards The project proposes the use of mechanical parking lifts to primarily meet the required parking for the project; 135 of the 143 parking spaces are proposed.to be provided by mechanical parking lifts, though not the required ADA -accessible parking spaces. The applicant is currently exploring the use of the Klaus Multiparking TrendVario 4300 model of mechanical parking lift, which can park up to three (3) vehicles vertically and shift parking both vertically and horizontally. The parking space dimensions of this mechanical parking lift are: • 17' length; 0 7.5' width; • Up to 7.5' height; and • 4000 lbs. load or weight A pit of up to 7.5' deep is required. The driver is required to manually engage the system to moves the parking `platforms' to an empty space. Access may be secured by adding sliding metal wire doors which are opened by the driver only after the shifting process is completed.. The Commission may learn more on the Klaus Multiparking TrendVario 4300 through the following link: http://www.klausparkin-.com/. At formal application submittal, staff will coordinate and opportunity to visit an existing apartment building in Berkeley (1797 Shattuck Ave), which is currently operating a Klaus Multiparking TrendVario 4300 mechanical parking lift. These proposed `vertical' or .stacked parking lifts are a departure from the parking facility design envisioned by the Parking Standards of the Zoning Ordinance, which is providing parking on a horizontal configuration. A Parking Modification will be required, through a Use Permit, with the recommendation of the Public Works Director and the Board, to allow mechanical parking lifts. In addition, the dimensions of the parking spaces provided by the mechanical parking lifts do not appear to meet the City's minimum standards for the Downtown (8.5' x 18' 'standard' parking space; 8' x 16' `compact' parking space).Section 14.18.130 allows adjustments to these minimum parking space dimensions with the recommendation of the City's Traffic Engineer and the Board. At the time of formal application submittal, staff will require dimension details on the proposed parking spaces. The proposed parking appears to comply with all other applicable parking standards. Under the Zoning Ordinance, the all — residential project is not required to provide clean air vehicle parking or EV (electric vehicle) charging stations, an off-street loading/unloading space or bicycle parking. The project proposes a "bike storage" area though no loading/unloading or EV parking spaces. However, these will likely change as residential uses are allowed in the 2/3 MUE District only in mixed-use development with ground -floor commercial retail space. REPORT TO PLANNING COMMISSION - Case No: CDR17-005 Page 9 Chapter 22 -- Use Permits As discussed earlier in staff's report, the project will require Use Permit approval to allow: 1) Residential uses in a commercial (2/3 MUE) zoning district; and 2) Parking Modification to allow: A) Reduction in on- site parking, from 159 required parking spaces to 143 proposed parking spaces; and B) use of mechanical parking lifts to primarily meet the parking requirement for the project. Chapter 25 — Environmental and Design Review Permit This project typically would require Environmental and Design, Review Permit approval by the Commission, given that; it proposes to construct a new multifamily residential structure. However, the City Council will have final decision on the project, following the recommendations of both the Board and the Commission, due to the major concessions requested (additional 75 -unit density bonus and elimination of required 5' landscaped front setback) under the State Density Bonus law. The pertinent review criteria for Environmental and Design Review Permits, pursuant to Section 14.25.050 (Review Criteria; Environmental and Design Review Permits), are attached as Exhibit 3: The review criteria for Environmental and Design Review Permits require that the proposed design (architecture, form, scale, materials and color, etc.) of all new development 'relate' to the predominant design or'character-defining' design elements existing in the vicinity. The scale and quality of the existing development, located south of the core Downtown (Fourth St.) and near U.S Highway 101 is changing, thanks primarily due to the ongoing development of the BioMarin campus. Low profile (1- and 2 -story) development is being replaced with much taller (5- and 6 -story) buildings. As stated earlier in this report, staff supports the 6 -story scale proposed by the project. Determining the predominant design character is a little more difficult. Structures within the adjacent BioMarin campus are integrated with a cohesive architectural design with expansive facade detailing. The project proposes a more contemporary design with modern facade treatments and fewer detailing and expansive use of building projections (both habitable living space and architectural detailing) over/above the sidewalk ROW. Also, the project proposes similar -quality facade treatments along only three of the four building elevations, primarily due to these .building projections over the ROW. The building encroachment over the ROW is an important part of the project design along all three street frontages. However, there are no proposed projections along the fourth building elevation (south elevation), which shares a common property line with an -existing 1 -story commercial structure ("Marin Color"). This significantly diminishes articulation along the south building elevation, which has as much or greater public visibility as the other three building elevations. Staff finds that greater attention to the south building elevation The Review Criteria for Environmental and Design Review Permits recommends equal attention to architectural - design and detail along the facades of all elevation in sensitive locations. San Rafael Design Guidelines: The San Rafael Design Guidelines have been developed as interim criteria that implement design - related General Plan Policies, as listed in Exhibit 2 and noted in staff's discussion above: The site is located within the Second/Third Corridor and Environs. Second/Third Corridor and Environs Second and Third Streets are to be attractive, landscaped major transportation corridors. While increased pedestrian safety and comfort is desired on Second and Third, greater pedestrian use of the cross streets is encouraged. The project site is located within the boundaries of the Second/Third and Environs area of the Downtown, where the following specific design guidelines apply: • To provide visual interest, long and monotonous walls should be avoided. • Building walls should be articulated, REPORT TO PLANNING COMMISSION - Case No: CDR17-005 Page 10 • To create a boulevard effect along Second and Third Streets, varied landscape setbacks are appropriate, • Additional high -canopy, traffic -tolerant street trees are strongly encouraged, • Where possible, residential buildings in this area should orient to the more pedestrian -friendly side street, and • Driveway cuts and widths should be minimized to prevent vehicular conflicts. The project proposes to orient pedestrian activity through the lobby area along the Third St. frontage. The pertinent Downtown Design Guidelines recommends orienting this lobby entrance to one of the more pedestrian -friendly side streets, either Tamalpais or Lincoln Avenues, where possible. Downtown Vision. The proposed project is located should be consistent with as many of the applicable policies in the adopted Our Vision of Downtown San Rafael, SecondlThird Corridor Vision, including: • Capitalize on the proximity to the freeway, Transportation Center and vitality of the Lindaro District, in the area east of B Street with housing in mixed use projects with ground -floor retail uses to support the needs of the residents and surrounding office uses. • Make Second and Third Street more attractive and safe for pedestrians by: A) Planting for street trees; B) creating a visual buffer between pedestrians and the street; and C) Reducing the number of driveways which interrupt sidewalks. • Encourage safe and efficient auto transportation to and through the Downtown on Second and Third Streets and respect the needs of pedestrians. Second and Third Streets are the county access streets. • Vary building heights and densities, concentrating the most intense development towards the east, closest to the freeway and Transportation Center, including building heights of two to five stories and higher densities east of B Street and heights of one to three stories and lower densities west of B Street The proposed project would be consistent with most of the applicable policies in the Downtown Vision document with the exception of.ground-floor retail space. Downtown Station Area Plan. The project site is identified as a "potential development opportunity site" within the Downtown Station Area Plan (SAP). Maximum development is assumed; a five -story mixed-use building with retail uses on the ground -floor facing Tamalpais Avenue (fronting the SMART station). No on-site parking is assumed for the ground -floor retail uses, even though the site is located outside the Downtown Parking District. Auto access and egress occurs on Lincoln and Tamalpais Avenues. The following are recommended land use policy changes from the SAP that are applicable to the project site: Short -Term • Reduce minimum parking requirements to one (1) space for two-bedroom residential units and 1.5 spaces for 3 -bedroom units. • Allow tandem parking spaces. Long -Term • Allow one-half space per residential unit to be located off-site in a municipal parking facility. • Allow off-site parking for ground -floor retail uses. • Allow unbundled parking, where parking spaces are leased separately from residential units. • Allow bicycle parking in lieu of some portion of the required on-site parking. • Adopt a Form -Based Code and eliminate maximum density and FAR (Floor Area Ratio) limits. Together with requiring no more than one parking space per unit, a Form -Based Code may allow up to 200 residential units within maximum allowable building height and setbacks required on the site. REPORT TO PLANNING COMMISSION - Case No: CDR17-005 Page 11 • Allow development `bonuses' (like reduced parking), beyond concessions under the State Density Bonus law, in exchange for community benefits. Examples of community benefits include amenities to support the more transit -oriented surroundings such as wider sidewalks and landscaping, open space or plazas, provisions for car -sharing, and additional affordable housing units above the minimum 20% requirement. • Allow shared parking between daytime retail uses and nighttime residential uses. • Allow stacked parking or parking lifts, to meet required on-site parking. • Explore reconstruction of Tamalpais Avenue to serve as a "Complete Street" to serve all travel modes. In concept, Tamalpais Avenue may be converted to one-way northbound travel with a Class II bicycle lane, pull-out staging areas and wider sidewalks. The proposed project would be consistent with most of the applicable recommendations in the Station Area Plan document with the exception of ground -floor retail uses, particularly facing Tamalpais Avenue for SMART users. However, the recommended changes of the SAP have not yet been implemented by the City, so they are still a vision document. Subdivision Ordinance Consistency: The project proposes to allow construction of a new multifamily residential structure over the current property boundaries of two adjacent legal Downtown parcels. As' one of the conditions of approval, the project subject to the lot consolation provisions pursuant to Chapter 15.05. of the Subdivision Ordinance. If the project is approved, staff will work with the applicant and the City Engineer to consolidate the project site into one parcel which must be recorded prior to building permit issuance. The project is proposed as a rental project only. The applicant has not indicated their make them individual condo units. DESIGN REVIEW BOARD RECOMMENDATION On June 20, 2017, the Board (Planning Commission Liaison Schaefer) reviewed the proposed conceptual project and provided the following general comments: • Site requires a heightened `gateway' design. The concept design is too boxy and should incorporate greater vertical and horizontal articulation. • Massing of concept design is looming due to crowding of sidewalk right-of-way with upper -story encroachments. Limit ROW encroachments to architectural features only and reduce to maintain pedestrian -friendly cross -streets (Tamalpais and Lincoln Avenues). • Portions of the upper stories should step back. • Ext. color palette is too bright. • Ground floor commercial space along Tamalpais Ave. is important link to pedestrian -friendly vision. • Provide comprehensive and generous amenities in common areas, including trellis over portions of the courtyard. Consider adding a gym and enlarging the rooftop common area. • Consider cladding staircase towers in glass or a similar design feature. • Guest parking, EV charging stations and a loading/unloading area should be provided in the garage. • Limit the driveway curb cuts on pedestrian -friendly cross -streets by providing a single drive-thru driveway and better garage circulation; and • Board is supportive of mechanical parking lifts though additional details are needed, including dimensions, queuing, turning access, cross-sections, real-time video of use. At the Board meeting, PC Liaison Schaefer provided the following additional comments: REPORT TO PLANNING COMMISSION - Case No: CDR17-005 Page 12 Pedestrian safety is important to project due to proximity to transit center and SMART station. Show location of adjacent crosswalks connecting the project to these sites and proposed improvements if needed. Air quality of residents should be evaluated due to proximity to high -traffic corridors and Highway 101. Like the Commission's study session review of the conceptual project, the Board provided comments only and took no further action. A video of this June 20, 2017 meeting may be viewed at http://cityofsanrafael.granicus.com/MediaPlaVer.php?view id=38&clip id=1170&meta id=108703 ENVIRONMENTAL DETERMINATION The formal project submittal will require environmental review, the level of which is undetermined at this time. The conceptual review submittal includes a traffic study (Seagate Iblultiiarni ly Housing; Transportation Impact Analysis Report by Fehr & Peers, dated July 14, 2017), which determined that the project would have no significant impacts to circulation under existing baseline and General Plan conditions. The City's Traffic Engineer has reviewed the traffic study and is requesting additional information for further analysis on the traffic impact assessment of the project. The formal project application will require the preparation and submittal of the following studies (or revisions to existing studies, such as the existing traffic study for the project) to support staff's evaluation of the project pursuant to the California Environmental Quality Act (CEQA): Archaeological Resources Assessment. The archaeological sensitivity on the project sites is "medium", based on the adopted City of San Rafael Archaeological Sensitivity Map. Pursuant to adopted procedures and regulations for archaeological resource protection, formal project submittals shall be reviewed by the Northwest Information Center (NWIC) at Sonoma State University and the recognized local Native American tribe (the Federated Indians of Graton Rancheria) and, if the City determines the project has the potential to impact. an archaeological resource, a detailed archaeological resources assessment may be required, prepared by a qualified archaeologist. Visual Simulations. Due to the potential visibility of the site and building height deviations of existing structures surrounding the project, photo or visual simulations from various local and distant vantage points around. San Rafael are required, showing how the project will be seen from off-site. The appropriate vantage points from which these photo or visual simulations shall be created will be determined after follow-up consultation with Planning staff. Geotechnical Investigation Report. A Geotechnical Investigation Report on the site is required. The contents of the Geotechnical Investigation Report shall include, but not be limited to, the checklist identified in Appendix F of the San Rafael General Plan 2020. Hydrology / Storm Water Drainage Report. A hydrology / storm water drainage report is required and shall include both pre- and post -project calculations and assessment of the off-site storm water system capacity. Noise Study. A noise study shall be conducted to evaluate both temporary noise impacts resulting from the construction and grading activities of the project and constant/intermittent noise impacts resulting from the location of the sitetoSMART, U.S. Highway 101, and Second and Third Streets, all of which experience large traffic volumes. The noise study shall be prepared by a qualified acoustic engineer and. shall identify mitigation measures necessary to reduce noise impacts to comply with the City's adopted maximum noise levels. REPORT TO PLANNING COMMISSION - Case No: CDR17-005 Page 13 Air Quality Analysis and Risk Hazard Assessment. An air quality study shall be conducted to evaluate potential air pollution impacts resulting from the location of the site to SMART, U.S. Highway 101, and Second and Third Streets, all of which experience large traffic volumes. The air quality study shall be prepared by a qualified engineer and shall identify mitigation measures necessary to reduce air quality impacts, if necessary. Greenhouse Gas Emissions Assessment. A greenhouse gas assessment shall be conducted due to the project proposing to exceed the maximum allowable density assumed in the General Plan. 'NEIGHBORHOOD MEETING 1 CORRESPONDENCE If the formal project submittal proposes a General Plan Amendment or requires the preparation of an EIR (Environmental Impact Report), a Neighborhood Meeting will be required to be held early in the project review, typically within 30 days of submittal. Even if these milestones are not met, the Community Development Director may still require the applicant hold a Neighborhood Meeting due to the overall community interest of the project. Notice of Conceptual Review for the project, by both the Board and the Commission, was conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of Public Meeting was mailed to all property owners, residents, businesses and occupants within a 300 -foot radius of the project site and the appropriate neighborhood groups (the Downtown Business Improvement District, - Gerstle Park Neighborhood Assn. and the Federation of San ' Rafael Neighborhoods), a minimum of 15 calendar days prior to the date of this hearing. Additionally, notice was posted on the project site, along both the Third St. and Lincoln Avenue frontages. All public comments received during this concept review, by both the Board and the Commission, are attached as Exhibit 4. CONCLUSION Conceptual Design Review is an early opportunity to provide preliminary comments on the proposed building and site design of a project. While the Board reviews all Conceptual Design Review applications, staff has encouraged the applicant to bring the conceptual project before the Commission for their review 8o that they may provide on comments which may also have land use policy and/or environmental implications. The Board conducted conceptual review of the project and provided comments at their June 20, 2017 meeting, as discussed earlier in staff's report. In general, staff finds the conceptual project is on the right design track. Staff supports the proposed 6 - story scale of the project, primarily based on the scale of the neighboring BioMarin campus which is also within the max. allowable height limits in the General Plan and the Zoning Ordinance (48-67' in height and with a height bonus). The project would put housing in the core of downtown, near services, employers and transit. In general, adding housing to downtown has been a major city policy since the mid 1990's. However, staff also finds the conceptual project lacks consistency with many current design policies or standards and the proposed design requires greater refinement. The most notable is whether the proposed 300% density bonus is warranted and should be supported. The project proposes to construct 138 rental units, which is 92 units above the maximum density allowed on. the site by both the General Plan and the Zoning Ordinance. The project proposes to comply with the City's 20% affordable housing requirement which would allow a maximum 'automatic' 35% density bonus, or 17 density units for providing 9.2 units of the base 46 units as `affordable'. REPORT TO PLANNING COMMISSION - Case No: CDR17-005 Page 14 • Whether ground floor retail is needed in this project as outlines by "Downtown San Rafael Vision" and "The San Rafael Downtown Station Area Plan", which require or encourage ground -floor commercial as part of mixed-use development on the site, particularly along the Tamalpais Avenue frontage. This is not just a design item, but also a land use matter, as the Zoning Ordinance allows residential units on the site only a part of a mixed-use project. • Environmental and Design Review Permit Review Criteria and "Hetherton Gateway" design considerations in the General Plan due to a lack of fapade details on the south building elevation and upper -stories stepped back. • Downtown design guidelines due to a lack of orienting the lobby entrance along one of more pedestrian -friendly side streets, Tamalpais or Lincoln Avenues. • Proposed projection of habitable space over/above the public sidewalk ROW; the Public Works Department has not commented their support for the proposed project design and has not developed a permitting process of allowing the types of ROW encroachment which create private habitable space over the public ROW. Staff requests the Commission provide comments on the points specified in the Executive Summary section of this report. In addition, staff requests the Commission provide any other comments or concerns on the conceptual project. Following the Commission's preliminary review of the project, the applicant will consider all comments in submitting the formal project application. EXHIBITS 1. Vicinity/Location Map 2. General Plan Policies 3. Review Criteria for Environmental and Design Review Permits 4. Public Comments 5. Plans Reduced (11 "x 17) color plans provided to the Planning Commissioners only. n v 1— + �p• CL o f� j tSy U �— L v in ti` dSi i S'�'£$ on uat v i t :j F �� U as Cc 41 0-0 CL Y o u _ ? u—y- i= u on 1 ca 1=13 °g � p s �- 41 IL kid 1 U SAC CNV Ap � � L . �' `+� ,�' � X11 �,�f 7th � �•—�.. --'4iAil 1.'fop •�--,' via 7RLI s t... I- U; LO u a c U N cu cu co m E 1= CL (6 E 06 cl to cu fV C C co CO N 0 N LO O LO m LO rn As 0 1 �y rrg 1 EDIT 1 d'� C r � 1 42 •V i !2 t �6 e c i p�yy cl N h As 0 1 �y rrg 1 EDIT 1 d'� C r � 1 42 •V i !2 t General Plan Policies Land Use ➢ LU -12. Building Heights. Citywide height limits in San Rafael are described in Exhibits 7 and 8. For Downtown height limits see Exhibit 9: a. Height of buildings. existing or approved as of January 1, 1987 shall be considered conforming to zoning standards. b. Hotels have a 54 -foot height limit, except where a taller height is shown on Exhibit 9 (Downtown Building Height Limits). c. Height limits may be exceeded through granting of a zoning exception or variance, or through a height bonus as described in LU -13 (Height Bonuses) ➢ LU -13. Height Bonuses. A height bonus may be granted with a use permit for a development that provides one or more of the amenities listed in Exhibit 10, provided the building's design is consistent with Community Design policies and design guidelines. No more than one height bonus may be granted for a project. In the Second/Third Mixed Use East (2/3 MUE) Zoning District, a maximum 12' height bonus is allowed for: • Affordable housing. • Public parking. • Overhead crosswalks. • Mid -block passageways between Fourth Street and parking on Third Street. ➢ LU -23. Land Use Maps and Categories, Second/Third Street Mixed -Use (2/3 MU) Land Use Designation. 32-62 Units per gross acre. Office and office -supported retail and service uses, such as copy shops, food service and cleaners) are encouraged throughout the district. On Second and Third Streets east of "B" Street, limited a uto- serving retail (such as gas stations), and residential uses as part of a mixed-use development are allowed. On the cross streets, neighborhood serving and specialty retail uses are encouraged in order to have an active pedestrian environment. Residential use is also encouraged, especially west of "B" Street. Housing ➢ H-2. Design that Fits into the Neighborhood Context. Recognize that construction of new housing and improvements on existing properties can add to the appearance and value of the neighborhood if they fit into the established character of the area. Design new housing, remodels, and additions to be compatible to the surrounding neighborhood. Incorporate transitions in height and setbacks from adjacent properties to respect adjacent development character and privacy. Respect existing landforms and minimize effects on adjacent properties. ➢ H-9. Special Needs. Encourage a mix of housing unit types throughout San Rafael, including very low and low income housing for familiesmith children, single parents, students, young families, lower income seniors, homeless and the disabled. Accessible units shall be provided in multi -family developments, consistent with State and Federal law. ➢ H-1 4a. Residential and Mixed Use Sites Inventory. Encourage residential development in areas appropriate and feasible for new housing. These areas are identified in Appendix B, Housing Element Background, Summary of Potential Housing Sites (available for view on the City's website). Explore effective ways to share housing site Planning Commission Study Session July 25, 2017; CDR17-005 703 Third St. Residential Project Exhibit 2 General Plan Policies information and developer and financing information to encourage development of underutilized institutional land. The City has employed different strategies to find the most effective way to deliver information about development. It is an ongoing and evolving process that has included practices such as preparing fact sheets for sites with multiple inquiries. [Note: Table 83.10 of the January 2015 adopted Housing Element Appendix 8 lists the larger of the two parcels which make up the project site (898 Lincoln Ave.; APN: 011-278-01) as a potential Mixed Use housing opportunity site.] ➢ H -14b. Efficient Use of Multifamily Housing Sites. Do not approve residential -only development below minimum designated General Plan densities unless physical or environmental constraints preclude its achievement. Residential -only projects should be approved at the mid-- to high -range of the zoning density. If development on a site is to occur over time the applicant must show that the proposed development does not prevent subsequent development of the site to its minimum density and provide y guarantees that the remaining phases will, in fact, be developed. ➢ H-1 4c. Continue to Implement Zoning Provisions to Encourage Mixed Use. San Rafael has been effective in integrating both vertical mixed use and higher density residential development within its Downtown. As a means of further encouraging mixed use in commercial areas outside the Downtown, General Plan 2020 now allows site development capacities to encompass the aggregate of the maximum residential density PLUS the maximum FAR for the site, thereby increasing development potential on mixed use sites. The City will continue to review development standards to facilitate mixed use, including: • Encourage adaptive reuse of vacant buildings and underutilized sites with residential and mixed use development on retail, office, and appropriate industrial sites. • Explore zoning regulation incentives to encourage lot consolidation where needed to facilitate housing. • Review zoning requirements for retail in a mixed use building or site, and amend the zoning ordinance as necessary to allow for residential -only buildings in appropriate mixed-use zoning districts. A H-15. Infill Near Transit. Encourage higher densities on sites adjacent to a transit hub, such as the San Rafael Transportation Center and the Downtown and Civic Center SMART stations, and along major bus corridors. ➢ H-1 5a. Downtown Station Area Plan. The coming of SMART rail service to Downtown San Rafael in 2016 is an opportunity to build on the work that the City has undertaken to revitalize the Downtown and to create a variety of transportation and housing options, economic stability, and vibrant community gathering places in the heart of San Rafael. General Plan 2020, adopted in 2004, allowed for higher residential densities and reduced residential parking standards to encourage housing development within the heart of Downtown that would support local businesses and allow people to live close to their place of work. The Downtown Station Area Plan, accepted by City Council in June 2012, establishes a series of implementing actions, the following of which specifically serve to facilitate higher density residential and mixed use infill in the area. Program Objective: Complete Station Area parking study and Transit Center relocation analysis in 2015. Following the commencement of operation of SMART (2016), study other Station Area Plan recommendations to increase housing opportunities near transit, and implement through Zoning Code changes where appropriate. Build upon lessons 2 Planning Commission Study Session July 25, 2017; CDR17-005 , 703 Third St. Residential Project Exhibit 2 General Plan Policies learned from the Station Area parking analysis to re-evaluate parking standards on a citywide basis. Neighborhoods ➢ NH -15. Downtown Vision. Continue to implement Our Vision of Downtown San Rafael. ➢ NH -22. Housing Downtown. Create a popular and attractive residential environment that contributes to the activity and sense of community Downtown. This includes: b. Providing incentives to encourage private sector construction of housing, particularly affordable housing... d. Implementing zoning standards that reflect Downtowns urban character. ➢ NH -25. Pedestrian Comfort and Safety. Make Downtowns street systems more comfortable and safe for pedestrians by: • Balancing between the needs or pedestrians and the desire for efficient traffic flow, slowing traffic. • Making pedestrian crossings direct and safe. • Establishing pedestrian environments unique to each District. • Improving and/or expanding sidewalks, street trees, landscaping and other sidewalk amenities. • Increasing visibility to storefronts and businesses. ➢ NH -27. Parking. Continue to make parking convenient and easy to find by encouraging solutions that address Downtowns urban parking situation. Needed improvements include: Providing a range of long and short term parking. Reducing the visual impacts of parking areas through design and landscaping. Improving pedestrian safety in parking lots and garages. ➢ NH -2$. Special Place. Preserve Downtowns reputation as a special place by developing a strategy that capitalizes on Downtowns strengths: • Unique urban characteristics and density. • Diversity in architectural design. ➢ NH -29. Downtown Design. New and remodeled building must contribute to Downtowns hometown feel. Design elements that enhance Downtowns identity and complement the existing attractive environment are encouraged, and may be required for locations with high visibility or for compatibility with historic structures. Design considerations include: • Varied and distinctive building designs. • Generous landscaping to accent buildings. • Appropriate materials and construction. • Site design and streetscape continuity. ➢ NH -30. Pedestrian Environments. Enhance Downtowns streets by establishing pedestrian environments appropriate to each District. These environments could include: • Well-designed window displays and views into retail stores. 3 Planning Commission Study Session July 25, 2017; CDR17-005 703 Third St. Residential Project Exhibit 2 General Plan Policies • Signs that are easy for pedestrians to see and read. + Sun -filled courtyards, plazas and seating areas. • Attractive street furniture and lighting. • Information kiosks and public art. ➢ NH -31. Ground Floor Designed for Pedestrians. Ensure that all buildings, regardless of height, are comfortable for people at the street level. This includes: • Relating wall and window heights to the height of people. • Use of architectural elements to create visual interest.. • Adding landscaping and insets and alcoves for pedestrian interest.. • Stepping upper stories back as building height increases. ➢ NH -33. Downtowns Neighbors. Distinguish Downtown from adjoining neighborhood areas by: • Establishing major entrances to Downtown with gateway treatments. • Providing a gradual transition into adjacent residential neighborhoods in terms of building scale and intensity of use. ➢ NH -36. Hetherton Office District. Downtown Gateway. a. Office Center. Emphasize development related to the Transportation Center, especially office and professional service buildings which could include limited areas for street0level retail uses. Residential is also strongly encouraged in this area. b. Transportation Hub. Use the Transportation Center to coordinate and facilitate the different ways people move to and around Downtown, including bus, rail, auto, bicycle and on foot. Include safe pedestrian and bicycle connections linking this area to the stores, services, cultural facilities, and recreational opportunities in other parts of the Downtown. Expand connections from the Transportation Center to other parts of the City by: • Improving walking and hiking facilities. • Facilitating the movement of commuters to and from the neighborhoods. • Creating safer pedestrian crossings on Second and Third Streets. ➢ NH -37. Hetherton Office District Design Considerations. a. Downtown Gateway. Transform the Netherton Office District into an elegant transition into Downtown San Rafael, Improve the entries to Downtown at Third Street, Fifth Street, Mission Avenue, Lincoln Avenue and the freeway remaps with entrance graphics, enhanced planning and lighting. Buildings should complement the districts entryway treatments and provide an attractive fagade along Netherton Street. c. Hetherton Design. Encourage projects of high quality and varied design with landmark features that enhance the Districts gateway image. Examples include: 4 Planning Commission Study Session July 25, 2017; CDR17-005 703 Third St. Residential Project Exhibit 2 General Plan Policies • Building design emphasizing the gateway character and complementing the districts transitional treatment by incorporating accent elements, public are and other feature items. • Upper stories stepped back. • Ground floor areas have a pedestrian scale. • Retail uses opening onto public area. • Useable outdoor spaces, courtyards and arcades that are landscaped, in sunny locations and protected from freeway noise. e. Height. Building heights of three to five stories are allowed west of the rail transitway, and typically up to three stories east of the rail transitway. ➢ NH -40d. Second/Third Mixed -Use District; Transportation Corridor. Make Second and Third Streets a very attractive, safe and efficient transportation corridor that allows smooth travel through Downtown, provides easy access to the Fourth Street Core via the cross streets and is safe to walk along and cross. Substantially improve Second and Third Streets through: Screening pedestrians from the perception of traffic noise and encouraging pedestrian use of other streets. • Improving pedestrian connections to Fourth Street. • Providing safe crosswalks at all intersections. • Reducing the number of driveways that interrupt sidewalks. • Managing traffic flow for efficiency, not speed. ➢ NH -41. Second/Third Mixed -Use District'Design Considerations. a. An Inviting Appearance. Create an inviting appearance to people traveling Second and Third Streets. Encourage attractive, creative and varied architecture on Second and Third Streets, with design detail on all sides of buildings visible to the street or pedestrians. c. Height. Individual building heights will vary and typically range from two to four stories east of B Street, and from one to three stories generally west of B Street. Community Desiqn ➢ CD -1. City Image. Reinforce the City's positive and distinctive image by recognizing the natural features of the City, protecting historic resources, and by strengthening the positive qualities of the City's focal points, gateways, corridors and neighborhoods. ➢ CD -1d. Landscape Improvement. Recognize that landscaping is a critical design component. Encourage maximum use of available landscape area to create visual interest and foster sense of the natural environment in new and existing developments. Encourage the use of a variety of site appropriate plant materials. ➢ CD -2. Neighborhood Identity. Recognize and promote the unique character and integrity of the residential neighborhoods and Downtown. Strengthen the "hometown" image of San Rafael by: • Maintaining the urban, historic, and pedestrian character of the Downtown. • Improving the appearance and function of commercial areas. 5 Planning Commission Study Session July 25, 2017; CDR17-005 703 Third St. Residential Project Exhibit 2 General Plan Policies ➢ CD -5. Views. Respect and enhance to the greatest extent possible, views of the Bay and its islands, Bay wetlands, St. Raphael's church bell tower, Canalfront, marinas, Mt. Tamalpais, Marin Civic Center and hills and ridgelines from public streets, parks and publicly accessible pathways. ➢ CD -7. Downtown and Marin Civic Center. Build upon the character of these areas by controlling land uses to clearly distinguish their boundaries; by recognizing Mission San Rafael Archangel and St. Raphael Church, Marin Civic Center, and other buildings that help define the City's character, and requiring that these and other architectural characteristics and land uses that give these areas their identity are strengthened. ➢ CD -8. Gateways. Provide and maintain distinctive gateways to identify City entryways. ➢ CD -8a. Gateways. Evaluate each of the gateways defined on the design element maps to determine what natural, architectural, signage or landscape treatments should further establish these locations as identifiable gateways within the City, and implement the desired improvements as part of the City's Capital Improvement program. ➢ CD -9. Transportation Corridors. To improve the function and appearance of corridors, recognize those shown on Exhibits 17 and 18 and define each corridor's contribution to the City based upon its land use and transportation function and how it is experienced by the public. ➢ CD -9a. Corridor Design Guidelines. Develop specific design guidelines for each corridor that address building massing, articulation of building facades, detailing, lighting, landscaping, street trees and other desired infrastructure and characteristics. Include appropriate zoning code provisions. ➢ CD -11. Multifamily Design Guidelines. Recognize, preserve and enhance the design elements that ensure multifamily housing is visually and functionally compatible with other buildings in the neighborhood. Develop design guidelines to ensure that new development fits within and improves the character defining elements of neighborhoods. ➢ CD -11a. Compatibility of Building Pattern. Adopt design guidelines to ensure compatibility of neighborhood building patterns. Guidelines should address setback patterns, parking and driveway patterns, building scale, transitions between land use districts, height and building stepbacks, as well as entries, roof design, roof equipment, windows, architectural style, materials and detailing, lighting and landscaping. ➢ CD -14. Recreational Areas. In multifamily development, require private outdoor areas and on-site common spaces for low and medium densities. In high density and mixed- use development, private and/or common outdoor spaces are encouraged. Common spaces may include recreation facilities, gathering spaces, and site amenities such as picnicking and play areas. ➢ CD -17. Street Furnishings. Encourage appropriate benches, trash containers, street lighting, public art, and other street furnishings. Select styles compatible with individual neighborhoods and the Downtown to strengthen their identities. ➢ CD -18. Landscaping. Recognize the unique contribution provided by landscaping, and make it a significant component of all site design. 6 Planning Commission Study Session July 25, 2017; CDR17-005 703 Third St. Residential Project Exhibit 2 General Plan Policies Circulation ➢ C-22. Attractive Roadway Design. Design roadway projects to be attractive and where possible to include street trees„ landscape buffers public are integration of public spaces and other visual enhancements, Emphasize tree planting and landscaping along all streets. Sustainability ➢ SU -1. Land Use. Implement General Plan land use policies to increase residential and commercial ➢ densities within walking distance of high frequency transit centers and corridors. ➢ SU -2d. SMART. Encourage continued funding, development and use of SMART, which will provide residents and employees of San Rafael an additional transportation alternative to single -occupant vehicles. ➢ SU -2e. Sidewalk and Street Improvements. Continue to implement sidewalk and bicycle improvements in accordance with the adopted Bicycle and Pedestrian Master Plan and the Safe Routes to School program. ➢ SU -3b. Charging Stations for Private Facilities. Revise building codes to facilitate installation of charging stations for plug-in electric vehicles in private parking facilities. ➢ SU -5a. Green Building Regulations. Require new construction and remodel projects to comply with adopted green building regulations. ➢ SU -5d. Reflective Surfaces. Encourage the use of high albedo (reflectivity) materials for future outdoor surfaces such as parking lots, roadways, roofs and sidewalks. ➢ SU -6. New and Existing Trees. Plant new and retain existing trees to maximize energy conservation and carbon sequestration benefits. ➢ SU -8. Social Diversity and Equity. Enhance social equity among all segments of the community. ➢ SU -8a. Affordable Housing. Continue to expand the supply of affordable housing, which reduces commute times and congestion. Air & Water Qualit ➢ AW -2. Land Use Compatibility. To ensure excellent air quality, promote land use compatibility for new development by using buffering techniques such as landscaping, setbacks, and screening in areas where different land uses abut one another. ➢ AW -2a. Sensitive Receptors. Through development review, ensure that siting of any new sensitive receptors provides for adequate buffers from existing sources of toxic air contaminants or odors. If development of a sensitive receptor (a facility or land use that includes members of the population sensitive to the effects of air pollutants, such as children, the elderly and people with illnesses) is proposed within 500 feet of Highway 101 or 1-580, an analysis of mobile source toxic air contaminant health risks should be performed. Development review should include an evaluation of the adequacy of the setback from the highway and, if necessary, identify design mitigation measures to reduce health risks to acceptable levels. ➢ AW -3. Air Quality Planning with Other Processes. Integrate air quality considerations with the land use and transportation processes by mitigating air quality impacts through 7 Planning Commission Study Session July 25, 2017; CDR17-005 703 Third St. Residential Project Exhibit 2 General Plan Policies land use design measures, such as encouraging project design that will foster walking and biking. ➢ AW -3b. Smart Growth and Livable Communities Programs. Participate in and implement strategies of Metropolitan Transportation Commission's regional "Smart Growth Initiative" and "Transportation for Livable Communities Program." 8 Planning Commission Study Session July 25, 2017; CDR17-005 703 Third St. Residential Project Exhibit 2 Review Criteria for Environmental and Design Review Permits Site Design. Proposed structures and site development should relate to the existing development in the vicinity. The development should have good vehicular and pedestrian circulation and access. Safe and convenient parking areas should be designed to provide easy access to building entrances. The traffic capacity of adjoining streets must be considered. Major views of theSan Pablo Bay, wetlands, bay frontage, the Canal, Mt. Tamalpais and the hills should be preserved and enhanced from public streets and public vantage points. In addition, respect views of St. Raphael's Church up "A" Street. Architecture. The project architecture should be harmoniously integrated in relation to the architecture in the vicinity in terms of colors and materials, scale and building design. The design should be sensitive to and compatible with historic and architecturally significant buildings in the vicinity. Design elements and approaches which are encouraged include: a) creation of interest in the building elevation; b) pedestrian -oriented design in appropriate locations; c) energy-efficient design; d) provision of a sense of entry; e) variation in building placement and height; and f) equal attention to design given to all facades in sensitive location. Materials and Colors. Exterior finishes should be consistent with the context of the surrounding area. Color selection shall coordinate with the predominant colors and values of the surrounding landscape and architecture. High-quality building materials are required. Natural materials and colors in the earth tone and wood tone range are generally preferred. Concrete surfaces should be colored, textured, sculptured, and/or patterned to serve design as well as a structural function. Walls, Fences and Screening. Walls, fences and screening shall be used to screen parking and loading areas, refuse collection areas and mechanical equipment from view. Screening of mechanical equipment shall be designed as an integrated architectural component of the building and the landscape. Utility meters and transformers shall be incorporated into the overall project design. Landscape Design. Landscaping shall be designed as an integral enhancement of the site and existing tree shall be preserved as much as possible. Water -conserving landscape design shall be required. A landscaped berm around the perimeter of parking areas is encouraged. Smaller scale, seasonal color street trees should be proposed along pedestrian -oriented streets while high -canopy, traffic -tolerant trees should be'proposed for primary vehicular circulation streets. Planning Commission Study Session July 25, 2017; CDR17-005 703 Third St. Residential Project Exhibit 3 Public Comments Before the Board's conceptual review of the project, staff received comments from the owner of the closest property to the site, the Marin Color site (770 2"d St): 1. The proposed 66' -tall building height is out of scale or out of character with the surrounding neighborhood, similar to the former 'WinCup' site ("Tam Ridge" residences) in Corte Madera. 2. The traffic impacts will degrade the already diminished traffic flow within the Downtown, particularly along Tamalpais Ave., which will also negative impact life safety response times. 3. The proposed project should provide both guest parking and an adequate loading/unloading parking space. 4. The proposed 138 -unit density will negatively impact the ability of Marin Municipal Water District (MMWD) to provide services to the project. Staff's responses to these comments are, as follows: 1. Staff finds that the proposed 66' -tall scale is in context with the increasingly taller scale of this area, south of Downtown and close to U.S. highway 101, primarily due to the recent expansion (and approved development that have not yet been issued building permits) of the BioMarin campus, which has building heights 48'-67' with a height bonus. 2. A traffic study (Transportation Impact Analysis Report, dated October 31, 2016; Fehr and Peers) was submitted during Pre -application review. The City Engineer has requested additional details and analysis prior to providing support.for this traffic study. 3. The parking standards in the City's Zoning Ordinance do not require the project provide 'guest' parking unless the .site is located within 200' of a residential zoning district. The project site is located over 1,000' from a residential zoning district and is not required to provide `guest' parking as part of their development proposal. The parking standards also only require an off-street loading/unloading space for non-residential development. Since the project is currently a rental apartment project, no loading/unloading space is proposed or required. 4. The Marin Municipal Water District (MMWD) provided comments during Pre -application review of the project. MMWD provided comments that, while they will be able to provide water service, the proposed project will need to purchase additional water entitlement annually. After the Board's conceptual review and prior to the Commission's conceptual review of the project, staff received additional comments from two separate residents, Valerie Taylor and James and Virginia Weber. Ms. Taylor comments that the project design lacks the architectural quality worthy of the Downtown and points to the City of Toronto who recently adopted design guidelines for mid -rise Downtown buildings, including: • Consideration of sunlight and shadow impacts; • Building height in relation to street width; • Upper -story setbacks; • Street level interest; and • Building scale relates to existing surrounding building scale. Staff's responses to these comments are that the City's adopted Downtown Design Guidelines and `vision' documents (Downtown Vision and Downtown Station Area Plan) incorporate these same criteria, which the Board considered during their review of the conceptual project. At their June 20, 2017 meeting, the Board provided general comments that the concept design should better comply with these applicable design guidelines and `vision' policies. Planning Commission Study Session July 25, 2017; CDR17-005 703 Third St. Residential Project Exhibit 4 Public Comments The Weber comments are, as follows: 1. The three-story mixed-use building at Fourth and G Streets (1700 Fourth St.) is a good example of building scale and design that should be incorporated on the project site; 2. The proposed 138 -units is too much density and would result in too much traffic impacts; 3. The project should provide on-site guest parking; 4. The efficient operation of the proposed mechanical parking lifts should be carefully evaluated; and 5. The adopted Downtown Vision document should be updated. Staff's responses to, these comments are, as follows: 1. Both the current General Plan and the Zoning Ordinance allows a maximum 54' building height on the site and allows the applicant to request a non -discretionary height bonus of 12' by simply meeting the City inclusionary or affordable housing requirement. While existing land use polices and design guidelines both encourage new development to generally 'relate' to surrounding development, the adopted Downtown Vision seeks to concentrate the most intense Downtown development east of B St and closest to the freeway and transit center, with 2-5 story building heights and higher densities. As stated earlier in staff's responses, the building height proposed by the conceptual project appears to be in scale with those existing in the immediate neighborhood. 2. The proposed density exceeds that which is allowed for the site and the project will be required to request allowance of the additional density as a concession under the State Density Bonus law. The traffic study will be an important part of the City Council's determination to. approve the project or not. The City Engineer is requiring revisions to the submitted traffic study. 3. 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G �! �� �� fir•,' ����!: t _��1���'� {� d 'ate C• J I Z YIr r•4► ' f Meeting Date: SAN RAFAEL A,..d,lnm THE CITY WITH A MISSION Community Development Department— Planning Division July 25, 2017 3 Case Numbers: P17-0092017-002 Project Planner: Raffi Boloyan (415) 485-3095 REPORT TO PLANNING COMMISSION SUBJECT: Second Dwelling Unit/Accessory Dwelling Units — Study Session regarding revisions to the City's Accessory (Second) Dwelling Unit Ordinance due to recent changes in State law governing Accessory Dwelling Units and. Junior Accessory Dwelling Units; Citywide, City of San Rafael, applicant, Case File(s): P1 7-009/ZO1 7-002. Recent bills adopted by the California legislature require the City to update its Accessory (Second) Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) ordinances to fully comply with State mandates. While some of the State -mandated revisions are relatively minor in nature and leave little room for local discretion, other aspects of the State code have more significant impact to former regulations and the City's has some ability to consider different approaches to minimize impacts. One major change resulting from the recent state law is the elimination of off-street parking requirements for second units in most parts of the City and this could have longer term impacts on areas of the city, notably in hillside areas with narrow streets. The following discussion outlines those items that staff is seeking discussion and direction from the Commission, including Unit Size, Parking, Designated Areas, Use Permit, and Setbacks for Conversions. Other minor changes are also required by State law, but leave relatively little discretion regarding the city's approach, include, among others: Density Definition, Deed Restriction, Fire Sprinklers, Minimum Lot Size, and a few other areas This informational item is an update on the recent changes in state law .and an opportunity for initial feedback from the Commission, before staff commences the drafting of an Ordinance. This is an initial informational report that will be followed by extensive public outreach and staff will return to the Planning Commission and City Council at a later date with a proposed ordinance. It is recommended that the Commission: 1. Accept public comment; 2. _Discuss and provide feedback and direction on suggested approaches and recommendations and 3. Accept report. A primary goal of the State of California is to provide additional housing opportunities, especially infill housing near transit. The State has many initiatives to further housing .production, including the creation of accessory dwelling units in single family residential areas. Accessory dwelling units are a component REPORT TO PLANNING COMMISSION - Case No: P17-0092017-002 Page 2 of the Regional Housing Needs Allocation (RHNA) allocation, assigned by the State to regions for residential housing production. Both Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) are an integral component in providing additional housing, especially smaller units which are more affordable by design (due to the smaller size of second units). Aside from providing additional housing opportunities, ADU's and JADU's also provide opportunities for homeowners to repurpose larger homes and allow aging in place. The City of San Rafael regulates the development of accessory dwelling units (or second units as identified in the municipal code) through section I T 16 235 and junior accessory dwelling units (or junior second units) through section 14.16.286 of the San Rafael Municipal Code. Accessory dwelling units (ADU) are additional dwellings located on the same lot as a single-family residence which contain separate living/sleeping, sanitary, and cooking facilities. A junior accessory dwelling unit (JADU) is an additional, independent living unit which is created through the conversion of an existing bedroom within an existing single-family residential dwelling aspart of the single-family use. San Rafael's current ordinances include development standards (such as height, setback, and unit size), parking requirements, and permit requirements (including discretionary review requirements). The general highlights of the City's former ordinance are outlined in a city ADU Handout (Exhibit 1). On January 1, 2017, the State Accessory Dwelling Unit .law (SB 1069 and AB 2299) took effect, which established new statewide regulations and permitting requirements for accessory dwelling units under California Government Code 65852.2. AB 2406 simultaneously took effect and establishes standards for junior second dwelling units for cities that allow these types of units under California Government Code 65852.22. A local ordinance may be adopted to implement State law, provided that it complies with all requirements under State law. Existing local ordinances that did not comply with the requirements under State law on January 1" were considered null and void until such time as the local jurisdiction adopts an updated ordinance in compliance with the provisions of the updated State law. In this case, local governments must apply the provisions of State law until a compliant ordinance is adopted. The State law applies to local agencies, including both general law and charter cities. The former San Rafael ordinance does not comply with several of the provisions of the updated State law, therefore requirements under State law are in effect until a compliant ordinance is adopted by the City. In the interim, the City developed an updated ADU informational handout to outline revised requirements under implementation of State requirements (Exhibit 2). Of particular note, the updated ADU handout acknowledges the likely update to San Rafael's ordinance in response to the updated State requirements pertaining to ADUs and puts applicants on notice that further changes to the requirements are anticipated. Several notable requirements established by the new State law include: Ministerial Approval All ADU applications are approved as ministerial permits if all applicable criteria are satisfied. This means there are no public hearings or public notice and as long as the ADU meets the established standards, it must be approved. Parking Exceptions Onsite parking is not required if an ADU meets the following: • is located within one-half mile of public transit; • is located within an architecturally and historically significant historic district; • is part of the existing primary residence or an existing accessory structure; • is located in an area where on -street parking permits are required but not ,offered to the occupant of the accessory dwelling unit; or is located within one block of an available car REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 3 share vehicle. Parking Conversion When covered parking is removed to construct an ADU (e.g., conversion of a garage to an ADU), the jurisdiction may require the parking spaces to be replaced. The replacement spaces may be located on the same lot in any configuration. No longer does covered parking removed have to be replaced with covered parking. Fire Sprinklers Fire Sprinklers are not required for an ADU if they are not required for the primary residence. Fees and Utilities Accessory dwelling units are not considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. A local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility, but fees shall be proportional to the burden created by the ADU. Units contained within an existing structure shall not be required to install new utility connections. ADUs within Existing A local agency must ministerially approve an application to create an Structure ADU on a single-family lot within a single-family residential zone if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. The City's former second dwelling unit ordinance (ADU ordinance) contained provisions that had both more rigid standards or allowed flexibility for certain types of accessory units. However, given that the State law has voided the City's ordinance, these provisions are no long applicable unless the City chooses to include them in the new ordinance. Examples included: • Allowing detached ADUs to exceed the typical 15 feet height limit for accessory structures. The concept was to allow some flexibility for accessory units to be built above detached garages. Any such proposal to allow an ADU to exceed the 15 feet height limit was subject to a discretionary planning approval (Use Permit from Planning Commission). • ADUs in accessory structures that were located closer to the property lines than the setback requirements for the main structure could be allowed, subject to a discretionary planning approval (Use Permit from Planning Commission) • Requiring for discretionary planning approval (Use Permit from Planning Commission) for larger ADUs, those greater than 800 square feet. In the update of the San Rafael ordinance, the City has discretion on imposing certain standards including, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. Minimum requirements are allowed to be less restrictive than those proposed in State law. A local agency is allowed to designate geographic areas where ADUs are or are not permitted, but ADUs within existing structures of single family zones must be permitted. Designating areas where ADU's are not permitted should be approached primarily based on issues of health and safety, including water, sewer, traffic flow and public safety. A local agency may choose to avoid designating areas with health and safety risks, or it may allow ADUs through an ancillary and separate discretionary process. In establishing regulations for ADUs and designation of areas, local agencies shall consider whether any REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 4 proposed provision may unreasonably restrict the ability of homeowners to create ADUs, contrary to the intent of State law. Second Unit (ADU) Activity: In San Rafael, the main barrier to creating new second units has historically been the parking requirements. The recent elimination of many of the parking requirements by the State has opened up the opportunity for ADUs to be created/legalized. Since the State Law went into effect, the number of applications has increased: Time period # of applications Avg. # per year 1/ 2010 -12/2016 46 7.7 1/2017 — 6/2017 19 38 * New State Law in effect *Estimated based on applications received through of mid -point of year As demonstrated above, the new State law has removed many of the regulatory barriers that were formerly faced by persons seeking to build new units and which may have hindered the creation of new second units (ADUs) on their properties. However, it is important to note that many of the regulations the City (as well as other communities throughout California) had in place were designed to ensure that ADUs integrate into a neighborhood and not negatively surrounding properties, through standards for provision of adequate parking, size limits, setbacks, etc. Projected out for the rest of this year, we could receive approximately 38 applications for 2017. Many of these second units that are being applied for do not provide any parking given: 1) their proximity to transit (1/2 mile from bus line) or 2) the fact that they are converting existing building area. The long term impact of additional units being created without additional off street parking, needs to be considered, particularly in hillside areas or narrow streets, with limited street parking. Although much of the former San Rafael Accessory Dwelling Unit ordinance complies with State law, portions of the ordinance require modification to bring it, into compliance. A complete' -evaluation and analysis of the implications of the state law and its impacts to the Cities former ordinance has been prepared that details all the changes from the State law and how it relates to the City's former Ordinance (Exhibit 3). The following are key areas that require update to comply with State law and warrant discussion to guide the drafting of the zoning text amendments that will be prepared to bring local ordinance into compliance. Unit Size: Recently adopted State law allows for ADUs up to 50% of the size of the principal dwelling, with a maximum of 1,200 square feet in area'. However, State law also clarifies that local jurisdictions can adopt a smaller maximum size limit under their local ordinance. San Rafael's local ordinance previously provided for ADUs up to 1,000 square feet or 40% of the size of the principal dwelling, which ever was smaller. San Rafael's ordinance also required that any unit proposed between 800 to 1,000 square feet obtain approval of a Use Permit from the Planning Commission Options: Y Maintain existing 1,000 square foot maximum; ' Note that unit size maximums apply to attached and detached ADUs. State law does not expressly state that ADU created from conversion of space within existing structures can be regulated in terms of size through the ADU ordinance. REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 5 • Increase maximum unit size to 1,200 square feet to track with maximum allowed under State law; or • Decrease maximum unit size below 1,000 square feet for new ADUs. 2. Parking Waivers: New parking exceptions have been introduced in State law, which effectively remove the parking requirement for most areas of the city that would be eligible for construction of ADUs. Onsite parking is not required if a site is within: • within Y2 mile of a transit stop, • within a designated historic district, • within an area with a designated parking permit program and said permits are not available to the ADU occupant, • within one block of a car share vehicle, or • when the ADU is created within an existing structure. San Rafael does not have any designated residential parking programs or a designated historic district containing residential properties. However, the current bus routes and corresponding transit stops effectively make nearly all of San Rafael within the'/ mile buffer of a transit stop. This includes some of the hillside residential areas above Lincoln Ave, Gerstle Park, and West End, where streets are extremely narrow and street parking is limited. (Exhibit 4). Provisions under State law allow a local jurisdiction to designate specific areas to prohibit ADUs if it is determined that allowing ADUs would create health and safety issues. For discussion as it relates to the changes in parking requirements for ADUs, how should "transit stop" be defined in the City's local ordinance to determine areas exempt from parking requirements, should parking be waived for all ADUs in an effort to facilitate and encourage the creation of additional housing in the city, are there areas within San Rafael that waiving onsite parking requirements could create a significant health and safety impact, and should a discretionary process be established to evaluate ADUs in areas with health and safety impacts, such as narrow road widths (further discussed in Topic 4. Designating Areas for ADUs)? Options: • Add verbatim language from State law regarding parking waivers;, or • Create modified language to local ADU ordinance to address unique circumstances in San Rafael that increase negative impacts if onsite parking is waived (narrow streets, topography, etc) 3. Parking for JADUs. State law states that additional parking cannot be required for JADUs, but that cities may set regulations for residences that contain JADUs as long as they apply uniformly to all single-family residences whether or not they have JADUs. San Rafael's JADU Ordinance did not require additional parking for the JADU, but required that the main residence have code compliant parking (2 covered spaces). This issue was discussed in detail by the Planning Commission and City Council as part of the adoption of the JADU Ordinance in 2016 and it was ultimately adopted with the requirement that the main house have two code compliant covered spaces and the City would monitor the JADU's and report back to the Commission and Council for further review and potential elimination of that requirement. Given the new State law regarding ADU and JADU, parking requirements have been significantly reduced for new ADU's, particularly if located within an existing structure. Determination should be made on whether the former ADU language would effectively require additional parking for JADUs that would not otherwise be required. REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 6 Options: • Modify former ADU language that says "...The main single-family dwelling must meet the current off-street parking standard in effect at the time the junior second unit is approved" to state that "No additional parking is required beyond that required when the existing primary dwelling was constructed."; or • Leave former ADU language as it was written. 4. Designating Areas for ADUs: State Law allows local agencies to designate geographical areas where ADUs are allowed and restrict ADUs from certain areas based on potential health and safety impacts. Traffic flow is specifically identified as a potential impact of ADUs that may justify designating some areas as inappropriate for allowance of ADUs. As parking exceptions and other restrictions introduced in the State law may lead to difficulties in regulating ADUs and create potential impacts, a determination should be made on whether to restrict ADUs in specific areas of the city. A key consideration is to not unreasonably restrict the ability to create ADUs generally in San Rafael. Options: • Maintain current code allowance for ADUs on all residential lots containing a single family dwelling. This maintains the current code but may not address unique impacts created by State law provisions such as the parking waivers; • Modify code to limit areas where ADUs are permitted. Would hillside areas with narrow roads create health, safety, or traffic flow impacts that warrant restricting ADUs; or • Ancillary Review for Risk Areas. ADU permits must be ministerial, however an ancillary discretionary process can be used to permit ADUs in areas with health and safety risks, such as high fire hazard areas. According to the Department of Housing and Community Development (HCD) Accessory Dwelling Unit Memorandum, December 2016 (Exhibit 5), ADUs can be allowed "through an ancillary and separate discretionary process in areas with health and safety risks." This option would allow San Rafael to require case by case review for ADUs through a use permit or other discretionary process in.areas where there is a health or safety concern. 5. Use Permits: Although ADU permits must be approved ministerially if they meet the established development standards, ADUs requesting exceptions from the established baseline requirements may be permitted through a Use Permit. For example, if a standard height requirement is established for ADUs, the ADU ordinance may allow for height exceeding this limit through Use Permit approval. State law focuses on establishing a ministerial process for ADUs. However, HCD recognizes the use of discretionary processes for ADUs that do not comply with standards and provides guidance in the Accessory Dwelling Unit Memorandum, December 2016, which features a sample ordinance with language for a Use Permit process. The City's former ADU ordinance allows for exceptions through a Use Permit process for size, height, and setbacks. Options: • Maintain current Use Permit provisions to allow exceptions from standard requirements; • -Maintain current Use Permit provisions to allow exceptions from standard requirements, however specify that said Use Permits will be administratively reviewed (instead of the current Planning Commission level required); or • Remove Use Permit provisions and exceptions to baseline standards to create a solely ministerial process. • Revise language so that any exception from the established ADU standards - not just size, height, and setbacks — may be requested through a Use Permit. 6. Exceptions to Standards: The City's ADU ordinance had provided exceptions for unit size (800 square feet benchmark until Planning Commission review required), height (15 foot limit), and REPORT TO PLANNING COMMISSION - Case No: P17 -009/Z017-002 Page 7 setbacks (within side or rear setbacks) through a Use Permit process. Consider whether exceptions should continue to be granted for these standards (or other development standards) and what process should be used. Consider what types of discretionary processes are desired and for what aspects. Options: • Continue to provide a Use Permit process for ADUs that do not meet standards established in the ADU ordinance. Consider what findings would be needed to grant the exceptions; • Provide another review process for exceptions to standards; • Establish a ministerial process only but change standards for unit size, height, or setbacks to allow more opportunities for ADUs within a ministerial process; or • Establish a ministerial process only and do not change standards. Do not provide a discretionary process for exceptions to standards. 7. Setbacks for Conversions: ADUs created within the space of existing structures are not subject to setback requirements (other than required for fire safety). Additionally, State law only expressly states that this provision is required for structures in single-family lots within single -family -districts. Options: • Add provisions providing for setback exception for single-family lots only in single-family districts; or • Add provisions providing for setback exception more broadly to cover single-family lots in any residential district, exceeding the minimum requirements under State law. In addition to the items discussed above, there are several areas that San Rafael's former ADU ordinance will necessitate updating to comply with State law. These modifications are more minor in scope and generally clarify provisions or update text for consistency. 1. Density Definition: Update current language in the ADU and JADU ordinance to be more similar to State law: Rephrasing the current language "ADUs are not required to meet density requirements" to say "ADU is not considered to exceed the allowable density". 2. Deed -restriction: Ensure deed -restriction is correctly referenced for both ADUs and JADUs since there are unique requirements, such as unit size, for each. 3. Fire Sprinklers: ADUs are not required to provide fire sprinklers if they are not required -for the main residence. This language is missing in the ADU ordinance and can be added as a new subsection. 4. Minimum Lot Size: Minimum lot size restrictions are not applicable to conversions of existing structures into ADUs. This provision needs to be added. 5. Removal of Discretionary Review Requirements. Several areas of the ADU ordinance state the need for discretionary approval required for ADUs, which should be removed as ADU permits must be ministerial and shall be approved if standards are met. Discretionary review shall not be required for approval of ADUs that meet standards, but can be requested for ADUs seeking exceptions to established standards. 6. Architectural Review: Changes in State law mandate that applications for ADUs be processed ministerially. Architectural compatibility in particular must have criteria that can be affirmed ministerially and may only require discretionary review if it is an application to exceed standards, REPORT TO PLANNING COMMISSION - Case No: P17 -009/Z017-002 Page 8 such as height, unit size, etc. Clarification will be added to add criteria under which architectural compatibility can be considered under ministerial review. 7. Passageways: Passageways cannot be required for ADUs per State law. This issue is not address in San Rafael's former ADU ordinance and will need to be incorporated into the revised ordinance. 8. Fees and Utility Connections: ADUs are not considered new residential units for the purposes of calculating fee and utility connections. While San Rafael's existing fee structure is essentially consistent with this provision, language should be added to the updated ordinance to further clarify the limited ability to collect utility fees per State law. 9. Time Limit: Ministerial approval of ADUs must be within 120 after receiving and application for a new ADU. This language is missing in the ADU ordinance and can be added as new subsection for this requirement. 10. Fire and Life Protection (JADU). State law provisions for JADU in terms of fire and life protection need to be incorporated into the updated ordinance. 11. Utility Service (JADU). Add State law provisions on utility definitions (i.e. add "power" to current list of utilities and add that requirements for the single-family residence of the JADU can apply for the JADU). Given tht there is no action or decision on this item, the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA). While preparing the Draft Ordinance, CEQA will be considered .and appropriate level of analysis and the CEQA determination will be provided at that time. Notice of this meeting was provided 15 days in advance to the Federation of San Rafael Neighborhoods, North San Rafael Coalition, Pt San Pedro Rd Coalition, Chamber of Commerce, Marin Builders Exchange and Lilly Pad homes. This informational report is the first step in a public process that will occur over the next 4-6 months, as staff presents the Draft Ordinance to the community, solicits feedback, and brings the Draft Ordinance to the Planning Commission and City Council. Given the significant change to State law, it was appropriate for staff to inform the Commission of these changes and solicit any initial comments through this information report, before progressing through the public outreach and Planning Commission then City Council review. At the time of the preparation of this report, no written or oral comments have been received. 1. Former Second Unit Handout (City of San Rafaen 2. Interim ADU Handout (City of San Rafaen 3. ADU Study Session Topics Memo 4. Transit Stop Radius Map 5. HCD Accessory Dwelling Unit Memorandum, December 2016 CITY OF SECOND 44TDWELLING UNITS What are the Rules for Legal Conforming or Non -conforming Second Dwelling Units? A an existing unit constructed and established prior to adoption of zoning regulations for second units may be protected under Section 14.16.060 (Conservation of Dwelling Units). To determine applicability, the owner must produce evidence that the unit was either legally established prior to 1950 (prior to adoption of the City's first Zoning Code) or constructed prior to January 1, 1991. This may require submittal of documentation and a zoning determination request to the Planning Division. Typically, evidence is provided through building permit records. If such records do not exist, evidence could include documentation of the residential building record used for assessment purposes, which may be obtained from the County Assessor's office. What are the Building Permit Requirements? The unit must have a separate address and `path of travel' to and from a public way. For an T — -- attached unit, there must be a "1 -hour separation" between the unit and main residence. The unit must have a separate heating control system. A detached unit must have its own minimum 60 amp feed for power. All rooms must meet minimum standards for light and ventilation. All "sleeping rooms" must have direct access (window or door) to the outside. Minimum dimensions for living units are as follows: • Studio: 220 sq. ft. (not incl. closet and bathroom). • One, plus bedrooms: Main room - 120 sq. ft. / 7 ft. min. dimension. Other rooms (except kitchens) - 70 sq. ft. / 7 ft. min. dimension. • Ceiling height for habitable rooms is 7.5 ft., and kitchen, hallways, & bathroom is 7 ft. A suitable kitchen facility must be separate from the bathroom and provide a sink, cooking facility (more than a hot plate or microwave), refrigeration and storage. A suitable bathroom facility must include a toilet, sink and bathing facilities. Last Updated. 04.07.16 Exhibit 1-1 What is a Second Dwelling Unit? Planning Division A Second Dwelling Unit (aka, "in-law" or "granny" unit) is an additional dwelling located on the same lot as a single-family residence which contains separate living/sleeping, sanitary, and City of San Rafael cooking facilities. A second unit may be located within the principal dwelling or can be in a detached accessory building. The unit cannot be sold separately from the principal dwelling. Community Development Department DeptAvenue What is the Review Process? 1400 5"'San Rafael, CA 94941 Second units are subject to ministerial review by the Planning Division prior to issuance of a (495) 485-3085 building permit. Additional zoning entitlements may be required, as specified in San Rafael Municipal Code Section 14.16.285. A second unit review fee ($_—) and application form {415) 485-3184 along with project plans (_ sets) must be submitted to the Planning Division which will verify plann!ng@cityofsanrafael.org whether the unit complies with the Second Unit Performance Standards. If building permit www.cityofsanrafael.org clearance is granted, a Second Unit deed restriction must be recorded for the property. ! Can an Existing (Unpermitted) Second Unit be legalized? Yes. The unit must ineet all requirements fora second unit, and obtain planning review of a Second Dwelling Unit. Building permit fees to legalize an existing unauthorized second unit will be tripled and planning fees will be doubled. What are the Rules for Legal Conforming or Non -conforming Second Dwelling Units? A an existing unit constructed and established prior to adoption of zoning regulations for second units may be protected under Section 14.16.060 (Conservation of Dwelling Units). To determine applicability, the owner must produce evidence that the unit was either legally established prior to 1950 (prior to adoption of the City's first Zoning Code) or constructed prior to January 1, 1991. This may require submittal of documentation and a zoning determination request to the Planning Division. Typically, evidence is provided through building permit records. If such records do not exist, evidence could include documentation of the residential building record used for assessment purposes, which may be obtained from the County Assessor's office. What are the Building Permit Requirements? The unit must have a separate address and `path of travel' to and from a public way. For an T — -- attached unit, there must be a "1 -hour separation" between the unit and main residence. The unit must have a separate heating control system. A detached unit must have its own minimum 60 amp feed for power. All rooms must meet minimum standards for light and ventilation. All "sleeping rooms" must have direct access (window or door) to the outside. Minimum dimensions for living units are as follows: • Studio: 220 sq. ft. (not incl. closet and bathroom). • One, plus bedrooms: Main room - 120 sq. ft. / 7 ft. min. dimension. Other rooms (except kitchens) - 70 sq. ft. / 7 ft. min. dimension. • Ceiling height for habitable rooms is 7.5 ft., and kitchen, hallways, & bathroom is 7 ft. A suitable kitchen facility must be separate from the bathroom and provide a sink, cooking facility (more than a hot plate or microwave), refrigeration and storage. A suitable bathroom facility must include a toilet, sink and bathing facilities. Last Updated. 04.07.16 Exhibit 1-1 ti r SECOND - DWELLINGUNITS ❑ Density/ A minimum 5,000 square foot lot size developed with a single-family residence is required in order to qualify for a Mia. Lot Size second unit. Only one second unit (or junior unit) is allowed in addition to the main -unit per lot. ❑ Owner The property owner must reside in either the principal or the second unit. Occupancy ❑ Deed A deed restriction must be recorded with the County Recorder so that future owners of the property will be aware of Restriction the requirements (such as owner occupancy). The sample format for the deed restriction is attached to this handout. Proof of recordation must be submitted to the Planning Division prior to issuance of a building permit or after Second Unit.application has been processed. -- ❑ Size Limits At no time shall the size of the second unit exceed 40% of the gross square footage of the principal dwelling, excluding the garage, extent that the floor area of a second unit may be a minimum of 500 square feet, regardless of the size of the house. The maximum size of a second unit is 1,0.00 square feet provided that any second unit over 800 square feet in size also requires Planning Commission Use Permit approval. ❑ Height If the unit is added to arip ncipal single-family dwelling, the height limit is 30 feet above grade. If a unit is proposed as an accessory structure, the height limit is 15 feet. (I.e., consistent with the underlying zoning district standards for height limits and measurement). Note that Use Permit and/or Design Review permits may be required for second units in accessory structures that exceed the height limit. ❑ Setbacks Second dwelling units added or attached to the principal residence shall be subject to the setback requirements otherwise applicable to the principal residential structure. Second dwelling units constructed as a separate detached accessory building shall be subject to the setback requirements otherwise applicable to accessory structures. Note that Use Permit and/or Design Review permits may be required for second units in accessory structures that are located within the required setbacks. Design Review and approval of a discretionary Environmental and Design Review Permit by the Planning Commission Review pursuant to Chapter 14.25 will be required for any second unit proposed as follows: • An upper story addition to the main residence that exceeds 500sf • A detached unit that is two -stories • A detached unit located within side or rear yard setbacks required for the main structure setbacks • New construction on a lot subject to the Hillside Overlay (-H) District Development regulations; if required for the addition per Chapter's 14.12 and 14.25 Note: Upon application for review, the Community Development Directory may propose to downgrade review to the Zoning Administrator level, if a concurrent Use Permit is not required. Use Permit Review and approval of a discretionary Use Permit by the Planning Commission is required for any second unit proposed as follows: • A detached unit that exceeds the 15 foot height limit and/or located within side or rear yard setbacks required for the main structure • A second unit that exceeds 800 square feet in size (up 1,000 square feet) ❑ Parking Studio or 1 -bedroom second unit: 1 space 2 or more -bedroom second unit: 2 spaces Parking for the second unit may be uncovered. One parking space for the second unit may be in the front yard on a paved area between the driveway and the nearest side property line, parallel to the driveway. On parcels having frontage on a street with a paved width of at least 38 feet, one parking space for the second unit may be tandem (located behind a parking space for the principal dwelling), located on a driveway which is at least 18 feet in length behind the property line. ❑ Architectural Prior to approval a City planner will review the design plans (and visit the project site in the case of legalizing a second Compatibility unit) to ensure that the second unit incorporates the same or similar exterior colors, architectural detailing, roof pitch same or similar and exterior materials, and window style, as the structure containing the principal residence. ❑ Entrance The second unit must have a separate entrance from the principal dwelling. In order to maintain the appearance of a single-family residence, the entrances to the second unit and principal dwelling unit cannot be located on the same side (elevation) of the principal dwelling most parallel to the front property line. Last Updated. 04.07.16 Exhibit 1-2 RECORDED AT REQUEST OF CITY OF SAN RAFAEL WHEN RECORDED RETURN TO: City of San Rafael Community Development Director P.O. Box 151560 San Rafael, CA 94915-1560 DECLARATION OF RESTRICTIONS RE: SECOND DWELLING UNIT Declarant(s) and is/are the fee title owner(s) of the property at , San Rafael (hereafter the "Property") also identified as Marin County Assessor's Parcel No. RECITALS A. Declarant(s) acquired title to the Property by Deed No(s). B. Declarant(s) has/have applied to the City of San Rafael for approval of Seco Dwelling Unit on the Property. C. The purpose of this Declaration is to set forth as res tri tin the Prop rty, and as covenants running with the land, those conditions which relate to thews of the a dwelli g units on the Property. NOW THEREFORE, based on the foregoing, eclarnt(s' , J iaes'declare as fbllo 1. The Second Dwelling Unit on rop . ll o be sold separate! from the primary residence on the Property. 2. The Second DwellUnit s all be restrieted to the maximum size allowed per the development standards in San RafalMun4plal Code § 14,16.28r(C)(b). 3. The second dwelli shaW b considered legal. only so long as either the primary residence, or the Second Dwelling U it, is occ;ied by the owner"of record of the Property. 4. The restrictions shall be bihdiug upon any successor in ownership of the Property and lack of compliance may subj�ct the roperty owner to enforcement action by the City. DATED: BY: Owner (Print Name) DATED: BY: Owner (Print Name) [Attach Notary Certificates (Acknowledgements)] Last Updated: 04.07.16 Exhibit 1-3 Interim Accessory Dwelling Unit TONING APPLICATION REQUIREMENTS What are the Accessory Dwelling Unit (ADU) Submittal Requirements for a Zoning Application? ✓ General Application Form. The form must be filled out completely, shall identify all zoning entitlement(s) being requested, and shall be signed by the applicant and property owner Unsigned applications shall not be accepted for filing. ✓ Fees. The fee for an ADU review is a flat fee of $300. Checks should be made payable to the City of San Rafael. Applications shall not be accepted for filing until all required fees are submitted. Project Pians. To review the plans for an ADU the Planning Division requires an initial submittal of four (4) hardcopies of plans drawn accurately, legible and to scale. Plans shall be on same -sized sheets (2436 or 11x17) and be collated. The project plans initially submitted shall include the following information: ❑ Site Plan. The site plan should show the entire property, including the existing and proposed structures/additions, property lines, setbacks, parking spaces, and natural features such as large trees. ❑ Floor Plan. The floor plan should show the existinq and proposed floor plan. The necessary information needed on the plans is listed below: • Floor Levels (1St and 2"d floor, etc.), Walls, Windows, Doors, Equipment, Rooms and Uses; existing and proposed • Location, Dimensions and Square Footage of project area • Scale, Graphic Scale and North arrow • Orient floor plans to match site plan orientation ❑ Project Description/Details. The description should include basic information such as: • Building square footage (existing and proposed), primary unit square footage, ADU square footage, and garage square footage. • Zoning Designation • Scope of work • Lot coverage (existing and proposed) Exterior Changes? Yes or No If yes, the following is required at the time of submittal: ❑ Elevations. For projects involving exterior building changes or new structures the plans need to contain the following: • Elevations for all sides of structure(s), to scale and dimensioned, existing and proposed. Photos may be used to represent existing elevations and elevations that remain unchanged. ❑ Roof Plan. Roof plan shall show property lines, outline of building footprint, direction and slope of drainage, location of drainage collectors, rooftop structures (i.e., vents, equipment, screening, access), material, ridge elevations, various roof levels and slopes ""Applications not providing the information above will not be accepted for processing"**" ***This is a simplified submittal checklist for ADUs for a complete list of submittal requirements please review the Application Submittal Checklist Handout*** Exhibit 2-1 What is an Accessory Dwelling Unit? An Accessory Dwelling Unit (aka, "second unit," "in-law unit," or "granny unit") is an additional dwelling located on the same lot as a single-family residence. An Accessory Dwelling Unit may be attached to the primary residence, detached from the primary residence, or contained within an existing residence or accessory structure. An Accessory Dwelling Unit cannot be sold separately from the primary residence. What is the Review Process? Accessory dwelling units (ADUs) are subject to ministerial review by the Planning Division. Applicants wanting to establish an ADU need to submit the General Application form, along with an ADU review fee ($300), and project plans to the Planning Division for review. The Planning Division is required to approve or deny the application within 120 days of receiving the application. When an ADU application has been approved by the Planning Division, the property owner must fill out and sign a deed -restriction before a notary, record the deed -restriction with the county clerk and return the original recorded deed -restriction to the Planning Division prior to the issuance of a building permit. For questions, please contact the Planning Division at (415) 485-3085. What Regulations Apply to Accessory Dwelling Units? On January 1, 2017 new state regulations pertaining to Accessory Dwelling Units (Government Code 65852.2) became effective and necessitate revisions to San Rafael's existing accessory dwelling unit ordinance. Until San Rafael adopts a new ordinance, the interim requirements for Accessory Dwelling Units are presented below but may change once the City adopts a new Accessory Dwelling Unit Ordinance. Exhibit 2-2 Requirement Accessory Dwelling Unit Contained in Accessory Dwelling Unit Involving New Existing Structure Construction (Attached or Detached) ❑ Lot The lot must be zoned for single-family or multifamily use and must contain an existing single - Requirements family residence. Only one accessory dwelling unit (or junior accessory dwelling unit) is allowed per lot. ❑ Owner The property owner must reside in either the primary residence or the accessory dwelling unit or Occupancy junior accessory dwelling unit. ❑ Deed A deed restriction must be recorded with the County Recorder so that future owners of the Restriction property are aware of requirements and limitations (see sample deed restriction below). The sample format for the deed restriction is attached to this handout. Proof of recordation must be submitted to the Planning Division prior to issuance of a building permit. ❑ Size Limits A new ADU is limited to a floor area not to exceed 50% of the primary residence up to a maximum of 1,200 sq. ft. ❑ Required An ADU shall provide a separate bathroom and a separate kitchen from the existing residence. Facilities ❑ Entrance A new ADU requires a separate exterior entrance. ❑ Setbacks Setbacks must be sufficient for fire safety. Attached - The ADU shall follow the required setbacks for the zoning district in which it is located. Detached — The ADU is required to provide a minimum setback of three feet (3') from the property line and the primary residence. ❑ Parking Space No additional parking is required. One (1) parking space per bedroom is required to be Requirements provided on-site. However, no additional parking is required when the ADU is located within a half mile of a transit stop, within a designated historic district, within a block from car share facilities, or where on - street parking permits are required but not offered for ADUs. The applicant shall demonstrate meeting of the above condition if parking is not provided. Exhibit 2-2 Exhibit 2-3 Requirement Accessory Dwelling Unit Contained in Accessory Dwelling Unit Involving New Existing Structure Construction (Attached or Detached) ❑ Utilities New or separate utility connections are New or separate utility connections may be required, not required. but connection fees or capacity charges shall be proportional to the impact of the ADU on the water or sewer systems. Contact the following entities for additional information related to utility connections: Marin Municipal Water District — (415)945-1455 San Rafael Sanitation District — (415)485-3132 Las Gallinas Valley Sanitary — (415)472-1734 PG&E — (877)660-6789 ❑ Fire Fire sprinklers are not required for a new Fire sprinklers are not required for a new ADU if they Protection ADU if they are not required for the are not required for the primary residence. primary residence. However, fire sprinklers may be required if the remodel Although not required, applicants planning new is considered substantial by the Fire detached ADUs are encouraged to seek Fire Prevention Bureau. Department recommendations on fire sprinklers. Fire Prevention Bureau — (415)485-3308. Fire Prevention Bureau — (415)485-3308. ❑ Height The ADU shall comply with the height Attached - The ADU shall follow the required height requirement for the applicable Zoning limit for the applicable Zoning District. District. Detached — The ADU shall not exceed fifteen feet (16) in height, measured from grade to roof peak. ❑ Architectural Prior to approval, a representative from the City's Planning Department will review the design plans Compatibility (and visit the project site in the case of legalizing an existing ADU) to ensure that modifications associated with the ADU incorporate the same or similar exterior colors, architectural detailing, roof pitch, and window style, as the structure containing the primary residence. Conversion of a Legal Garage and ADU Addition Above Garage ❑ Parking When a garage, carport, or covered parking structure is converted into an accessory dwelling unit the required parking for the single-family residence shall be replaced. The replacement parking may be in any configuration on the same lot as the accessory dwelling unit. This includes but not limited to, covered spaces, uncovered spaces, tandem spaces, or use of mechanical automobile parking lifts. No additional parking is required for the ADU. ❑ Setback No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. Exhibit 2-3 RECORDED AT REQUEST OF CITY OF SAN RAFAEL WHEN RECORDED RETURN TO: City of San Rafael Community Development Director P.O. Box 151560 San Rafael, CA 94915-1560 Declarant(s) County Assessor's Parcel No. DECLARATION OF RESTRICTIONS RE: ACCESSORY DWELLING UNIT f _ and is/are the fee tide owner(�� of the property at San Rafael (hereafter the "Property") als6 identified as Marin RECIT#LS A. Declarant(s) acquired title to the Property boDeed No(s). 1 B. Declarant(s) has/have applied to the Laity of San Rafael for approval of an Accessory Dwelling Unit on the Property. C. The purpose of this Decla(tion is to set forth as restrictions on the Property, and as covenants running with the land, those conditions which relate to the use of the two dwelling units on the Property. NOW THEREFORE, lased on the foregoing, Declarant(s), declares/declare as follows: 1. The Accessory Dwelling Unit on the Property shall not be sold separately from the primary residence on the 3�roperiy. 2. he Accessory Dwelling Unit shall be restricted to the maximum size allowed per the development standards. 3. The Accessory Dwelling Unit shall be considered legal only so long as either the primary residence, or the Accessory Dwelling Unit, is occupied by the owner of record of the Property. 4. The restrictions shall be binding upon any successor in ownership of the Property and lack of compliance may subject the Property owner to enforcement action by the City. DATED: BY: Owner (Print Name) DATED: BY: Owner (Print Name) [Attach Notary Certificates (Acknowledgements)] Exhibit 2-4 MEMORANDUM Date: May 15, 2017 To: Paul Jensen, Community Development Director Raffi Boloyan, Planning Manager From: Justin Shiu, Associate Planner Heather Hines, Principal Subject: ADU Ordinance Comparison and Modifications for Consideration This memo highlights areas of the San Rafael Ordinance requiring modifications in response to recent changes in State law associated with Accessory Dwelling Units (ADU). The San Rafael ADU ordinance is 14.16.285 and the Junior Accessory Dwelling Unit (JADU) ordinance is 14.16.286. The key areas of consideration and discussion begin to outline topics for a City Council study session. Key Areas of Consideration and Discussion 1. Parking Waivers: New parking exceptions have been introduced in State law, which can effectively remove the parking requirement for most potential ADUs. A. Determinations that should be discussed i. Defining "transit stop". This has the effect of determining the 1/2 mile radius around transit stops that is exempt from parking. ii. Whether parking should be waived for all ADUs. B. Options: i. Add language from State law ii. Make modifications prior to adding to the ADU ordinance. C. See section A8. Parking — Parking Waivers below for additional details. 2. Parking for JADUs (JADU). Update parking requirement language. State law says additional parking cannot be required for JADUs, but that cities may set regulations for residences that contain JADUs as long as they apply uniformly to all single-family residences whether or not they have JADUs. Determination should be made on whether the existing language would effectively require additional parking for JADUs that would not otherwise be required. A. Options: i. Change existing language to proposed language (Recommended) a. Existing: "...The main single-family dwelling must meet the current off-street parking standard in effect at the time the junior second unit is approved" b. Proposed: (based on HCD sample ordinance language): "No additional parking is required beyond that required when the existing primary dwelling was constructed." ii. Leave as is B. See section 35. Parking for JADUs for additional details. m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-1 K 3. Designating Areas for ADUs: State Law allows local agencies to designate geographical areas where ADUs are allowed and restrict ADUs from certain areas based on potential health and safety impacts. Traffic flow is specifically identified as a potential impact of ADUs that may justify designating some areas as inappropriate for allowance of ADUs. As parking exceptions and other restrictions introduced in the State law may lead to difficulties in regulating ADUs and create potential impacts, a determination should be made as to whether to change areas designated for ADUs. A key consideration is not to unreasonably restrict the ability to create ADUs. A. Options: i. Allow ADUs on all residential lots containing a single family dwelling, which is currently allowed ii. Limit areas where ADUs are permitted. a. Would hillside areas with narrow roads create health, safety, or traffic flow impacts that warrant restricting ADUs? iii. Ancillary Review for Risk Areas. ADU permits must be ministerial, however an ancillary discretionary process can be used to permit ADUs in areas with health and safety risks, such as high fire hazard areas. According to the MCD Accessory Dwelling Unit Memorandum, December 2016, ADUs can be allowed "through an ancillary and separate discretionary process in areas with health and safety risks." 4. Use Permits: Although ADUs permits must be approved ministerially if they meet the established development standards, ADUs requesting exceptions from the established baseline requirements may be permitted through a use permit. For example, if a standard height requirement is established for ADUs, the ADU ordinance may allow for height exceeding this limit through a use permit approval. The current ADU ordinance already allows for exceptions through a use permit process for size limit, height, and setbacks. A. Options: i. Maintain current use permit provisions to allow exceptions from standard requirements. ii. Maintain current use permit provisions to allow exceptions from standard requirements, however allow these use permits to be approved at the administrative level. iii. Remove use permit provisions and exceptions to baseline standards to create a solely ministerial process. 5. Setbacks for Conversions: ADUs created within the space of existing structures are not subject to setback requirements (other than required for fire safety). The exception needs to be added. Additionally, State law only expressly states that this provision is required for structures in single- family lots within single-family districts. A determination should be made as to whether this should apply to single family lots in all residential districts. A. Options: i. Add setback exception for single-family lots only in single-family districts ii. Add setback exception for single-family lots in any residential district B. See section A5. Setbacks for Conversions below for additional details. 6. Combine the ADU and JADU Ordinances: A determination should be made as to whether the ADU and JADU ordinances should be combined. A. Options; i. Combine ADU and JADU ordinances a. Largely retain current structure of both sections but combine under section 14.16.285. m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-2 3 b. One ADU section featuring two subsections: Standard ADUs and Junior ADUs (i.e., deleting 14.16.286 and putting JADU content into ADU section 14.16.285) c. Merge ADU and JADU sections and group standards together. • One ADU section (similar to the current ADU ordinance) with standards that specify whether the standard applies to ADUs or JADUs. ii. Leave as separate code sections. Areas of Minor Proposed Changes 1. Density Definition: Update current language in the ADU and JADU ordinance to be more similar to State law: Rephrasing the current language "ADUs are not required to meet density requirements" to say "ADU is not considered to exceed the allowable density" A. Options: i. Rephrase language. (Recommended) ii. Leave as is. B. See section Al. Density and 31. Density below for additional details. 2. Deed -restriction: Ensure deed -restriction is correctly referenced for both ADUs and JADUs since there are unique requirements, such as unit size, for each A. Options: i. Create standalone ADU and JADU, deed restriction sections. (Recommended) ii. Maintain the current consolidated deed -restriction section but update language to be compatible with ADUs and JADUs. B. See section A2. Deed -Restriction Requirement and 12. Deed -Restriction Requirement (JADU) below for additional details. 3. Fire Sprinklers: ADUs are not required to provide fire sprinklers if they are not required for the main residence. This language is missing in the ADU ordinance and can be added based on the options below. A. Options: i. Add to an existing section in the ADU Ordinance. ii. Create a new section for this requirement in the ADU Ordinance. (Recommended) B. See section A3. Fire Sprinkler Requirement below for additional details. 4. Minimum Lot Size: Minimum lot size restrictions are not applicable to conversions of existing structures into ADUs. This provision needs to be added. A. Options: i. Add the exception to existing lot size requirement. ii. Rephrase section to distinguish lot size requirements between new construction and conversions. (Recommended) B. See section A4. Lot Size for Conversions below for additional details. m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-3 rd 5. Setbacks for ADUs over Garages: Setbacks of up to 5 feet may be established for ADUs constructed over garages. A. Options: i. No setbacks required. ii. Setback of up to 5 feet. B. See section A6. Setbacks for ADUs over Garages for additional details. 6. Removal of Discretionary Review Requirements. Several areas of the ADU ordinance state the need for discretionary approval required for ADUs, which should be removed as ADU permits must be ministerial and shall be approved if standards are met. A. Options: i. Delete sections focused on discretionary review permits. (Recommended) B. See sections A7. Parking — Remove Discretionary Provision; and All. Current Discretionary Approval — Change to Ministerial. 7. Architectural Review: Changes in State Law mandate that applications for ADUs be processed ministerially. Architectural compatibility in particular, must have criteria that can be affirmed ministerially and may only require discretionary review if it is an application to exceed standards, such as height, unit size, etc. A. Options: i. Clarify ministerial process in the Architectural Compatibility section. (Recommended) ii. Leave as is, but ensure that ministerial review is put in practice. B. See sections A10. Architectural Compatibility — Ministerial. 8. Passageways: Passageways cannot be required. This language is missing in the ADU ordinance and can be added based on the options below. A. Options: i. Add to an existing section in the ADU Ordinance. ii. Create a new section for this requirement in the ADU Ordinance. (Recommended) B. See section Al2. Passageways for additional details. 9. Fees and Utility Connections: ADUs are not considered new residential units for the purposes of calculating fee and utility connections. The provision from State law can be implemented through the following options. A. Options: i. Add the language from State law as a new section within the ADU ordinance. (Recommended) ii. Add utility connection language from State law, but implement fee provisions in practice without specifying fee provisions in the code. B. See section A13. Fees and Utility Connections for additional details. m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-4 10. Time Limit: Ministerial approval of ADUs must be within 120 after receiving the ADU application. This language is missing in the ADU ordinance and can be added based on the options below. A. Options: i. Add the language from State law as a new section within the ADU ordinance. (Recommended) ii. Do not add provision but implement in practice. B. See section A14. Time Limit for Ministerial Review 11. Fire and Life Protection (JADU). Add State law provisions on JADU in terms of fire and life protection (i.e. JADUs are not considered separate or new dwelling units and requirements for the single-family residence of the JADU can apply for the JADU). A. Options: i. Add the language from State law as a new section within the JADU ordinance. (Recommended) ii. Do not add to the JADU ordinance, but ensure requirements are addressed elsewhere. B. See section B. Fire and Life Protection for JADUs for additional details. 12. Utility Service (JADU). Add State law provisions on utility definitions (i.e. add "power" to current list of utilities and add that requirements for the single-family residence of the JADU can apply for the JADU). A. Options: i. Add the language from State law as a new section within the JADU ordinance. (Recommended) ii. Do not add to the JADU ordinance, but ensure requirements are addressed elsewhere. B. See section 34. Utility Service for JADUs for additional details. m-group,us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-5 5 D ADU ORDINANCE UPDATES Al. Density Proposed Change: Rephrase to bring reference to density closer to the language in State law. Code Comparison: San Rafael Code State Law (C)(1) - A maximum of one 65852.2(a)(1)(C) Provide that accessory dwelling units do not exceed the second dwelling unit shall be pllowable density' for the lot upon which the accessory dwelling unit is located, and permitted per residential lot that accessory dwelling units are a residential use that is consistent with the containing a single-family existing general plan and zoning designation for the lot. dwelling. Second dwelling 65852.2(a)(8) An accessory dwelling unit that conforms to this subdivision shall be units are not required t deemed to be an accessory use or an accessory building and shall not be rneet denslty reuirement� considered to exceed the allowable dens'sttit for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general for the general plan or zoning ordinance. plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. Options: Option 1. Rephrase. Rephrase the San Rafael Code to be more in line with the wording in State law. Example: An accessory dwelling unit that conforms to this section shall be deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon which it is located. An accessory dwelling unit that conforms to this section shall be deemed a residential use consistent with the existing general plan and zoning designation for the lot. Option 2. Leave as is. San Rafael Code can remain as is if it is determined that the San Rafael code and State law are not interpreted to have potentially different meanings. A2. Deed -Restriction Requirement Proposed Change: Ensure deed -restriction is correctly referenced for both ADUs and JADUs. The current deed -restriction requirement is located in the ADU section only. The JADU deed restriction requirement (14.16.286 D 3) refers back to this section. This provision needs to be in both the ADU and JADU sections, or it needs to reference both ADUs and JADUs. m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-6 7 Code Comparison: San Rafael Code State Law (C)(3) - Owner Occupancy and Deed Restriction. The property owner 65852.2(a)(1)(D)(i) The unit is not shall occupy either the main single-family dwelling or the second intended for sale separate from the dwelling unit as their principal residence throughout the life of the primary residence and may be rented. second dwelling unit. Prior to obtaining a building permit for a second 65852.2(a)(6) This subdivision dwelling unit, the property owner shall file with the county recorder a establishes the maximum standards that declaration or agreement of restrictions, which has been approved by local agencies shall use to evaluate a the city attorney as to its form and content, containing a reference to proposed accessory dwelling unit on a lot the deed under which the property was acquired by the owner and zoned for residential use that contains an stating that: existing single-family dwelling. No a. The second dwelling unit shall not be sold separately; additional standards, other than those b. The second dwelling unit shall be restricted to the maximum provided in this subdivision, shall be size allowed per the development standards in Section utilized or imposed, except that a local 14.16.285(C)(6); agency may require an applicant for a C. The second dwelling unit shall be considered legal only so permit issued pursuant to this long as either the primary residence, or the second dwelling unit, is subdivision to be an owner -occupant or occupied by the owner of record of the property; and that the property be used for rentals of d. The restrictions shall be binding upon any successor in terms longer than 30 days. ownership of the property and lack of compliance may subject the property owner to enforcement action by the city. Options: Option 1. Standalone for ADUs and JADUs. Allow this section to remain for accessory dwelling units, but copy this provision for the JADU code section as well. Option 2. Consolidate for ADUs and JADUs. Update wording in the current code section so that it's applicable to both ADUs and JADUs. Change references in the current code section from "second dwelling unit" to "accessory dwelling unit or junior accessory dwelling units." A3. Fire Sprinkler Requirement Proposed Change: Add provision about fire sprinklers from State law that is not in the current San Rafael code: "Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence." Code Comparison: San Rafael Code State Law (C)(4) - Building and Housing Code Compliance. All new or 65852.2(e) Notwithstanding subdivisions (a) to (d), expanded second dwelling units must comply with the inclusive, a local agency shall ministerially approve Uniform Housing Code and Uniform Building Code in an application for a building permit to create within addition to the requirements of this title. Legalization of a single-family residential zone one accessory existing unauthorized second dwelling units shall require dwelling unit per single-family lot if the unit is compliance with the Uniform Housing Code to ensure unit contained within the existing space of a single - habitability, provided that the property owner must show family residence or accessory structure, has proof that the unit was in existence prior to June 6, 1983. independent exterior access from the existing An inspection must be made by the building and safety residence, and the side and rear setbacks are division of the community development department or by an inspection firm approved by said building and safety division sufficient for fire safety. Accessory dwelling unit shall not be re ui ed to Drovide fire sprinklers i they are not -re uired�or the nrlm�prpsidence. to determine compliance with applicable codes. m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-7 Options: Option 1. Add to Existing. Add missing provision at the end of the existing San Rafael ADU code section (C)(4) — Building and Housing Code Compliance. Option 2. New Section. Add the missing wording as its own new subsection within the San Rafael ADU code. Option 3. Leave as is. Leave code as is and address in practice and/or elsewhere as this is a building/fire requirement. A4. Lot Size for Conversions. Proposed Change: State that lot size requirements do not apply to ADUs contained entirely within existing space. Lot size is not applicable to conversions and are permitted under 65852.2(e). ADUs within existing spaces are not subject to height, lot size, lot coverage, unit size, architectural review, landscape or parking requirements. Code Comparison: San Rafael Code State Law (C)(7)(a) - Minimum 65852.2(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall Lot Size. No second ministerially approve an application for a building permit to create within a single-family dwelling shall be residential zone one accessory dwelling unit per single-family lot if the unit is contained located on a lot less within the existing space of a single-family residence or accessory structure, has than five thousand independent exterior access from the existing residence, and the side and rear setbacks (5,000) square feet in are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire size. sprinklers if they are not required for the primary residence. Options: Option 1. Add lot size exception. Add that minimum lot size does not apply to accessory dwelling units entirely contained within the existing residence. Option 2. Rephrase to lot sizes applicable to different ADUs: • ADU not entirely contained within an existing structure: on lots greater than or equal to 5,000 sf. • ADU entirely contained within an existing structure: not restricted by lot size. AS. Setbacks for Conversions Proposed Change: Inserting setback exceptions for conversion of structures in single-family lots. Consider whether they should apply to only single-family lots in single-family zones. ADUs created within an existing structure on a single-family lot in a single family residential zone are not required to comply with setbacks in the zoning district but are required to have side and rear setbacks sufficient for fire safety. State law only requires this for single-family lots in single-family residential zones. Consider whether this should apply to a single-family lot within any zoning district that allows ADUs. m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-8 D Code Comparison: San Rafael Code State Law (C)(7)(c) - Setbacks. Second dwelling units added or 65852.2(e) Notwithstanding subdivisions (a) to (d), attached to the structure containing the principal inclusive, a local agency shall ministerially approve an residence shall be subject to the setback application for a building permit to create within a single - requirements otherwise applicable to the principal family residential zone one accessory dwelling unit per residential structure. Second dwelling units single-family lot if the unit is contained within the existing constructed as a separate building shall be subject space of a single-family residence or accessory structure, to the setback requirements otherwise applicable to has independent exterior access from the existing accessory buildings except that such units located residence, and the side and rear setbacks are sufficient for within side or rear setback areas shall require fire safety. Accessory dwelling units shall not be required approval of a use permit by the planning to provide fire sprinklers if they are not required for the commission. primary residence. Uptions: Option 1. Add Setback Exceptions — Basic Requirements. Insert the State law provisions into the existing code subsection with minimal change. Setback exceptions only apply to single-family lots in single-family districts. "Conversions of existing space into an ADU within a single-family residence or accessory structure of a single-family lot within a single-family district shall not be subject to setback requirements of the lot, however side and rear setbacks shall be sufficient for fire safety." Option 2. Add Setback Exceptions — Expanded for All Single Family Lots. Insert the State law provisions but expand setback exceptions to apply to all single family lots that allow ADUs rather than only single-family lots within single-family zones. This provision would apply to all single-family lots rather than only single-family lots in single-family zones: "Conversions of existing space into an ADU within a single-family residence or accessory structure of a single-family lot shall not be subject to setback requirements of the lot, however side and rear setbacks shall be sufficient for fire safety." A6. Setbacks for ADUs over Garages Proposed Change: Decide whether setbacks should apply to ADUs over garages. A local jurisdiction may impose setbacks of up to 5 feet for ADUs constructed above garages. San Rafael Code State Law (C)(7)(c) - Setbacks. Second dwelling units added or attached to the 65852.2 (a)(1)(D)(vii) No setback shall structure containing the principal residence shall be subject to the be required for an existing garage that is setback requirements otherwise applicable to the principal residential converted to an accessory dwelling unit, structure. Second dwelling units constructed as a separate building and a setback of no more than five feet shall be subject to the setback requirements otherwise applicable to from the side and rear lot lines shall be accessory buildings except that such units located within side or rear required for an accessory dwelling unit setback areas shall require approval of a use permit by the planning that is constructed above a garage. commission. Options: Option 1. No setbacks. Apply no setbacks for ADUs over garages. Option 2. Setback up to 5 Feet. Apply setbacks up to 5 feet for ADUs over garages. m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-9 10 A7. Parking — Remove Discretionary Provision Proposed Change: Remove design review permit, which requires discretionary approval. Consider whether this provision can be met through administrative approval from public works and planning and remove the design review permit to remain in line with ministerial approvals intended for ADUs under State law. San Rafael Code I State Law C(8)(c) - Off-street parking for the second dwelling 65852.2 (a)(3) When a local agency receives its first unit that requires a new driveway curb cut, either for application on or after July 1, 2003, for a permit establishing an additional driveway or for increasing pursuant to this subdivision, the juniication shall be the width of the existing curb cut, may be proposed Considered ministerially without discretionary review.or hearing, notwithstanding Section 65901 or 65906 or any subject to an affirmative recommendation by the public works department and the approval of_an. local ordinance regulating the issuance of variances or environmental and design review permit by the zoning special use permits, within 120 days after receiving the application. A local agency may charge a fee to d ministrator: The purpose of this permit review is to ensure that the alternative parking design is reimburse it for costs that it incurs as a result of appropriate given the site conditions, is compatible amendments to this paragraph enacted during the with the character of the surrounding residential 2001-02 Regular Session of the Legislature, including neighborhood, and would not result in a safety hazard the costs of adopting or amending any ordinance that to vehicles or pedestrians.provides for the creation of an accessory dwelling unit. Options: Option 1. Remove design review permit reference. Option 2. Delete all of section 14.16.285 C(8)(c) if the public works department would address this through the typical course of project review. AS. Parking — Parking Waivers, Proposed Change: Insert new parking exceptions. Parking exceptions from State law are required for ADU ordinances. San Rafael Code State Law None. 65852.2(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. Options: Option 1. Add State Provision. Insert provision as written in State law. Option 2. Make modifications prior to adding to the San Rafael ADU ordinance. m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-10 II Option 2a. Create a more specific definition of "public transit". At a minimal, it has to include bus stops. Some discretion can be made on the bus stops, but the criteria should not be overly limiting, such as only allowing parking exceptions for bus stops with 15 minute intervals. Option 3. Remove parking requirement for all ADUs. A9. Parking — Replacement Parking Proposed Change: Insert replacement parking allowance. Parking replacement provisions are provided under the State law. San Rafael Code State Law None. 65852.2(a)(1)(D)(xi) When a garage, carport, or covered parking structure is demolished entail exterior expansion or modification of the principal residential structure or in conjunction with the construction of an accessory dwelling unit, and the local agency accessory building, or construction of a new building, shall be subject to the requires that those off-street parking spaces be replaced, the replacement spaces may be following design criteria: located in any configuration on the same lot as the accessory dwelling unit, including, but a. The second dwelling unit construction shall incorporate the same or not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of similar exterior materials, including window style, as the structure containing the mechanical automobile parking lifts. This clause shall not apply to a unit that is described principal residence; in subdivision (d). Options: Option 1. Insert provision as written in State law. Option 2. Make modifications prior to adding to the San Rafael ADU code. Option 3. Remove requirement for replacement parking when off-street parking spaces are removed in conjunction with ADU construction. A10. Architectural Compatibility — Ministerial Proposed Change: Ensure it is clear that architectural review can be done ministerially. State law allows for architectural review, however approval of ADU permits must be ministerial. San Rafael Code State Law (C)(9)(a-d) - Architectural Compatibility. Construction of second dwelling units that 65852.2 (a)(1)(13)(i) Impose entail exterior expansion or modification of the principal residential structure or standards on accessory accessory building, or construction of a new building, shall be subject to the dwelling units that include, following design criteria: but are not limited to, a. The second dwelling unit construction shall incorporate the same or parking, height, setback, lot similar exterior materials, including window style, as the structure containing the coverage, landscape, principal residence; architectural review, b. The second dwelling unit construction shall incorporate the same or maximum size of a unit, and similar exterior colors and architectural detailing as the structure containing the standards that prevent principal residence; adverse impacts on any real C. The second dwelling unit construction shall incorporate the same or property that is listed in the similar roof pitch as the structure containing the principal residence; California Register of d. Separate entrances to the principal residence and the second dwelling Historic Places. unit are required and may not be located on the same exterior building elevation which is most parallel to the front property line; m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-11 12 Options: Option 1. Clarify Ministerial Process. Architectural compatibility okay if part of the ministerial process, but ensure that language and criteria are clear so that evaluation can be done ministerially and does not require discretionary action. Insert language about ministerial review. Option 2. Leave As Is, Mention Ministerial Elsewhere. Ensure ministerial permit approval is mentioned in a separate section. All. Current Discretionary Approval — Change to Ministerial Proposed Change: Ensure ministerial approval of ADU permits by removing discretionary approval. San Rafael Code State Law (C)(9).(e) - The construction or alteration of second dwelling units in the 65852.2 (a) (4) An existing following locations shall be subject to the issuance of an environmental and ordinance governing the creation design review permit consistent with the requirements of Sections 14.25.030 of an accessory dwelling unit by a and 14.25.040(6) of this title, and the review criteria contained in Section local agency or an accessory 14.25.050(F)(6) of this title: dwelling ordinance adopted by a 1. Upper story additions to the structure containing the principal local agency subsequent to the residence which exceed five hundred (500) square feet, effective date of the act adding 2. Second dwelling units which are located above the ground floor in a this paragraph shall provide a separate or accessory structure, or roval process that include 3. Second dwelling units which are located within a separate or nA ministerial provision__=. for the accessory structure within the side or rear setbacks (required for the approval of accessory dwelling principal structure); units and shall not include any discretionary processes, C9(f). The construction or alteration of second dwelling units on residential provisions, or requirements for lots with slopes over twenty-five percent (25%) which entail exterior those units, except as otherwise modifications to existing structures or construction of a new building shall be provided in this subdivision. subject to the issuance of an environmental and design reyiew germi consistent with the requirements of Chapters 14.12 and 14.25 of this title. Options: Option 1. Delete Subsection. Remove parts C9(e) and C9(f) completely, as it relates to discretionary review. Al2. Passageways Proposed Change: Add passageway requirement from State law. The passageway exception from State law is required for ADU ordinances. San Rafael Code State Law None. 65852.2(a)(1)(D)(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. Options Option 1. Add Requirement as Its Own Subsection. Create a new subsection within the ADU ordinance for this specific requirement. m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-12 13 Option 2. Integrate Language in Existing Subsections. Address the requirement by ensuring the language is addressed in existing parts of the ADU code by inserting it into these sections, possibly C9. Architectural Compatibility. A13. Fees and Utility Connections Proposed Change: Implement fee and utility connection requirements from State law. Fee and utility connections requirements from State law need to be put into practice. San Rafael Code State Law None. 65852.2(f)(2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. (A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (B) For an accessory dwelling unit that is not described in subdivision (e), a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. Options: Option 1. New Subsection using State Law. Add the language from State law mostly unchanged. Option 2. New Subsection Revised Language, Fees Addressed Outside of the ADU Code. Create a new subsection addressing utility connection requirements under State law but revising the language, in particular, removing language on fees and implementing them in practice. Example: "Accessory dwelling units contained entirely within an existing structure are not required to install new or separate utility connections." And fees for detached ADUs are proportionate to impact but are not specifically mentioned in the'code. A14. Time Limit for Ministerial Review Proposed Change: Add the requirement from State law establishing that ADUs shall be permitted ministerially within 120 days after receiving the application. San Rafael Code State Law None. 65852.2(a)(3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-13 14 Options: Option 1. Add a new subsection within the ADU ordinance establishing that ADUs shall be permitted ministerially within 120 after receiving the application. Option 2. Do not add, but implement in practice. A15. ""Second Unit" to "ADU" Proposed Change: Change "second units" to "accessory dwelling units" throughout the municipal code to ensure consistency in terms used. Options: • Update Title 9 — Heath and Sanitation. Section 9.04.030 (Definitions) • Update Title 14 — Zoning. Section 14.03.030 (Definitions), 14.16.285 (Second Dwelling Units), 14.16.286 (Junior Second Units). m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-14 1.5 JADU ORDINANCE UPDATES 31. Density Proposed Change: Rephrase to bring reference to density closer to the language in State law. Code Comparison: San Rafael Code State Law (D)(1) - Density. A maximum of one junior second unit shall 65852.22(a)(1) Limit the number of junior be permitted per residential lot containing a single-family accessory dwelling units to one per residential lot dwelling. Junior second units are not required to meet the zoned for single-family residences with a single - density requirements of the general plan or zoning family residence already built on the lot. ordinance. of the structure or the newly created junior Options: Option 1. Rephrase. Consider rephrasing the second sentence ("Junior second units are not...') to be more similar to State language regarding conversion of existing space to ADUs per SB1069 and A132299. Proposed: A JADU that conforms to this section shall be deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon which it is located. The junior accessory dwelling unit that conforms to this section shall be deemed a residential use consistent with the existing general plan and zoning designation for the lot. Option 2. Leave as is. San Rafael Code can remain as is if it is determined that the San Rafael code and State law are not interpreted to have potentially different meanings. 52. Owner -Occupancy Exception Proposed Change: Add an owner -occupant exception from State law missing from the JADU ordinance. Code Comparison: San Rafael Code State Law (D)(3) - Owner occupancy and deed restriction. The property 65852.22(a)(2) Require owner -occupancy in the owner shall occupy either the main single-family dwelling or single-family residence in which the junior the junior second unit. Prior to obtaining a building permit for accessory dwelling unit will be permitted. The the junior second unit, the recordation of a declaration or owner may reside in either the remaining portion agreement of restrictions shall be prepared and recorded in of the structure or the newly created junior the official records of the County of Marin. The deed restriction provisions of Section 14.16.285C.3 (second accessory dwelling unit. Owner-accupancy shai.1 not be required if, the owner is anothei- dwelling units) of this title shall apply to junior second units. governmental agency, land trust or housing 7r anization. Options: Option 1. Add missing requirements "Owner -occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization." Option 2. Leave as is. If State law provisions are not added to the ADU ordinance, ensure that these provisions are addressed elsewhere or implemented in practice. m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-15 16 33. Fire and Life Protection for JADUs Proposed Change: Implement fire and life protection requirements from State law. Code Comparison: San Rafael Code State Law (D)(7) - Building and fire code requirements. The junior 65852.22(d) For the purposes of any fire or life second unit must meet the following building and fire code protection ordinance or regulation, a junior requirements: accessory dwelling unit shall not be considered a a. No fire wall separation or noise attenuation measures are separate or new dwelling unit. This section shall required between the main dwelling and the junior second not be construed to prohibit a city, county, city unit. and county, or other local public entity from b. No fire sprinklers shall be required for the junior second adopting an ordinance or regulation relating to unit, unless the associated improvements meet the threshold fire and life protection requirements within a for a "substantial remodel' as defined by Chapter 4.08 (Fire single-family residence that contains a junior Code) of the San Rafael Municipal Code. accessory dwelling unit so long as the ordinance c. A smoke alarm shall be required in the junior second unit or regulation applies uniformly to all single-family and shall be connected to the smoke alarms in the main residences within the zone regardless of whether residence. the single-family residence includes a junior d. The junior second unit shall be equipped with a carbon accessory dwelling unit or not. monoxide detector. Options: Option 1. Add fire and life protection definitions. 1. Consider adding language from State law to the ADU ordinance that JADUs are not considered separate or new dwelling units for the purposes of fire and life protection ordinances and regulations. 2. Consider adding language from State law to the ADU ordinance that fire and life protection requirements can be applied in a single family residence with a JADU so long as they also apply to single-family residences that do not have JADUs. Option 2. Leave as is. If State law provisions are not added to the ADU ordinance, ensure that these provisions are addressed elsewhere or implemented in practice. 34. Utility Service Proposed Change: Implement utility service requirements from State law. Code. Comparison: San Rafael Code State Law (D)(8) - Utility service. A separate water connection or 65852.22(e) For the purposes of providing service for meter, and a separate sewer service connection are not water, sewer, or power, including a connection fee, a required for a junior second unit. Water and sewer junior accessory dwelling unit shall not be considered a service for the junior second unit is shared with the separate or new dwelling unit. main single-family dwelling unit. Options: Option 1. Expand definitions to be closer to State Law 1. Include "power" as a service, which is mentioned in the State law. m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-16 17 2. Consider mentioning that ordinances and regulations relating to water, sewer, and power service or connection fees can be applied in a single family residence with a JADU so long as they also apply to single-family residences that do not have JADUs, per 65852.22(f) Option 2. Leave as is. If State law provisions are not added to the ADU ordinance, ensure that these provisions are addressed elsewhere or implemented in practice. 35. Parking for JADUs Proposed Change: Update language for parking to bring it closer to State law. San Rafael Code State Law (D)(10) - Off-street parking. No 65852.22(b) (1) An ordinance shall not require additional parking as a condition additional off-street parking is to grant a permit. required beyond that required for the main single-family 65852.22(f) This section shall not be construed to prohibit a local agency from dwelling. The main single-family adopting an ordinance or regulation, related to parking or a service or a dwelling must meet the current connection fee for water, sewer, or power, that applies to a single-family off-street parking standard in residence that contains a junior accessory dwelling unit, so long as that effect at the time the junior ordinance or regulation applies uniformly to all single-family residences second unit is approved. regardless of whether the single-family residence includes a junior accessory dwelling unit. Options: Option 1. Rephrase based on HCD sample ordinance language. "No additional parking is required beyond that required when the existing primary dwelling was constructed." Option 2. Leave as is. m-group.us 22561 Main Street, Suite 200, Hayward, CA 94541 510.634.8443 Exhibit 3-17 California Department of Housing and Community Development Where Foundations Begin Accessory Dwelling Unit Memorandum December 2016 � std 1965eXeIey '"�ntufvrr�,, Table of Contents Understanding ADUs and Their Importance...................................................................................... 1 Summary of Recent Changes to Accessory Dwelling Unit Laws ..................................................... 3 Frequently Asked Questions: Accessory Dwelling Units................................................................. 7 Should an Ordinance Encourage the Development of ADUs?.......................................................... 7 Are Existing Ordinances Null and Void?............................................................................................ 7 Are Local Governments Required to Adopt an Ordinance?.............................................................. 8 Can a Local Government Preclude ADUs?...................................................................................... 8 Can a Local Government Apply Development Standards and Designate Areas? ............................. 8 Can a Local Government Adopt Less Restrictive Requirements?.................................................... 9 Can Local Governments Establish Minimum and Maximum Unit Sizes? .......................................... 9 Can ADUs Exceed General Plan and Zoning Densities?............................................................... 10 HowAre Fees Charged to ADUs?.................................................................................................. 11 What Utility Fee Requirements Apply to ADUs...................................................................11 What Utility Fee Requirements Apply to Non -City and County Service Districts? ........................... 11 Do Utility Fee Requirements Apply to ADUs within Existing Space? .............................................. 11 Does "Public Transit' Include within One-half Mile of a Bus Stop and Train Station? ..................... 11 Can Parking Be Required Where a Car Share is Available?.......................................................... 12 Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? ............................. 12 IsCovered Parking Required?....................................................................................................... 12 Is Replacement Parking Required When the Parking Area for the Primary Structure is Used for an ADU?............................................................................................................................................. 12 Are Setbacks Required When an Existing Garage is Converted to an ADU?................................. 12 Are ADUs Permitted in Existing Residence and Accessory Space? ............................................... 13 AreOwner Occupants Required?.................................................................................................. 13 Are Fire Sprinklers Required for ADUs?......................................................................................... 13 Is Manufactured Housing Permitted as an ADU?........................................................................... 14 Can an Efficiency Unit Be Smaller than 220 Square Feet?............................................................. 14 Does ADU Law Apply to Charter Cities and Counties?.................................................................. 14 Do ADUs Count toward the Regional Housing Need Allocation .............................................. 14 Must Ordinances Be Submitted to the Department of Housing and Community Development? ..... 15 Exhibit 5-2 Frequently Asked Questions: Junior Accessory Dwelling Units ................................................... 16 Is There a Difference between ADU and JADU?............................................................................ 16 Why Adopt a JADU Ordinance?............................................_......... ... 17 .................................... Can JADUs Count towards The RHNA?........................................................................................ 17 Can the JADU Be Sold Independent of the Primary Dwelling?....................................................... 17 Are JADUs Subject to Connection and Capacity Fees?................................................................. 17 Are There Requirements for Fire Separation and Fire Sprinklers? ................................................. 18 Resources.......................................................................................................................................... 19 Attachment 1: Statutory Changes (Strikeout/Underline)................................................................. 19 A6tachment 2: SatflplC ALJU Ord111a11(;e........... Lo ............................................................................... Attachment 3: Sample JADU Ordinance........................................................................................ 29 Attachment 4: State Standards Checklist....................................................................................... 32 Attachment5: Bibliography............................................................................................................ 33 Exhibit 5-3 Understanding Accessory Dwelling Units and Their Importance California's housing production is not keeping pace with demand. In the last decade less than half of the needed housing was built. This lack of housing is impacting affordability with average housing costs in California exceeding the rest of the nation. As affordability becomes more problematic, people drive longer distances between a home that is affordable and where they work, or double up to share space, both of which reduces quality of life and produces negative environmental impacts. Beyond traditional market -rate construction and government subsidized production and preservation there Courtesy of Karen Chapple, UC Berkeley are alternative housing models and emerging trends that can contribute to addressing home supply and affordability in California. One such example gaining popularity are Accessory Dwelling Units (ADUs) (also referred to as second units, in- law units, or granny flats). What is an ADU An ARU is a secondary dwelling unit with complete independent living facilities for one or more persons and generally takes three forms: Detached: The unit is separated from the primary structure • Attached. The unit is attached to the primary structure • Repurposed Existing Space: Space (e.g., master bedroom) within the primary residence is converted into an independent living unit • Junior Accessory Dwelling Units: Similar to repurposed space with various streamlining measures ADUs offer benefits that address common development barriers such as affordability and environmental quality. ADUs are an affordable type of home to construct in California because they do not require paying for land, major new infrastructure, structured parking, or elevators. ADUs are built with cost-effective one- or two-story wood frame construction, which is significantly less costly than homes in new multifamily infill buildings. ADUs can provide as much living space as the new apartments and condominiums being built in new infill buildings and serve very well for couples, small families, friends, young people, and seniors. ADUs are a different form of housing that can help California meet its diverse housing needs. Young professionals and students desire to live in areas close to jobs, amenities, and schools. The problem with high -opportunity areas is that space is limited. There is a shortage of affordable units and the units that are available can be out of reach for many people. To address the needs of individuals or small families seeking living quarters in high opportunity areas, homeowners can construct an ADU on their lot or convert an underutilized part of their home like a garage Exhibit 5-4 into a junior ADU. This flexibility benefits not just people renting the space, but the homeowner as well, who can receive an extra monthly rent income. ADUs give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place as they require more care and helping extended families to be near one another while maintaining privacy. Relaxed regulations and the cost to build an ADU make it a very feasible affordable housing option. A UC Berkeley study noted that one unit of affordable housing in the Bay Area costs about $500,000 to develop whereas an ADU can range anywhere up to $200,000 on the expensive end in high housing cost areas. ADUs are a critical form of infill -development that can be affordable and offer important housing choices within existing neighborhoods. ADUs are a powerful type of housing unit because they allow for different uses, and serve different populations ranging from students and young professionals to young families; people wlth rJisahilitiPs and senior citizens. By design, ADUs are more affordable and can provide additional income to homeowners. Local governments can encourage the development of ADUs and improve access to jobs, education and services for many Californians. Exhibit 5-5 Summary of Recent changes to ADU Laves Courtesy of Karen Chapple, UC Berkeley The California legislature found and declared that, among other things, allowing accessory dwelling units (ADUs) in single family and multifamily zones provides additional rental housing and are an essential component in addressing housing needs in California. Over the years, ADU law has been revised to improve its effectiveness, such as recent changes in 2003 to require ministerial approval. In 2017, changes to ADU laws will further reduce barriers, better streamline approval and expand capacity to accommodate the development of ADUs. ADUs are a unique opportunity to address a variety of housing needs and provide affordable housing options for family members, friends, students, the elderly, in-home health care providers, the disabled, and others. Further, ADUs offer an opportunity to maximize and integrate housing choices within existing neighborhoods. Within this context, the Department has prepared this guidance to assist local governments in encouraging the development of ADUs. Please see Attachment 1 for the complete statutory changes. The following is a brief summary of the changes for each bill. SB 1 069 (Wieckowski) S.B. 1069 (Chapter 720, Statutes of 2016) made several changes to address barriers to the development of ADUs and expanded capacity for their development. The following is a brief summary of provisions that go into effect January 1, 2017. Parking SB 1069 reduces parking requirements to one space per bedroom or unit. The legislation authorizes off street parking to be tandem or in setback areas unless specific findings such as fire and life safety conditions are made. SB 1069 also prohibits parking requirements if the ADU meets any of the following: • Is within a half mile from public transit. • Is within an architecturally and historically significant historic district. • Is part of an existing primary residence or an existing accessory structure. • Is in an area where on -street parking permits are required, but not offered to the occupant of the ADU. • Is located within one block of a car share area. 3 Exhibit 5-6 Fees SB 1069 provides that ADUs shall not be considered new residential uses for the purpose of calculating utility connection fees or capacity charges, including water and sewer service. The bill prohibits a local agency from requiring an ADU applicant to install a new or separate utility connection or impose a related connection fee or capacity charge for ADUs that are contained within an existing residence or accessory structure. For attached and detached ADUs, this fee or charge must be proportionate to the burden of the unit on the water or sewer system and may not exceed the reasonable cost of providing the service. Fire Requirements SB 1069 provides that fire sprinklers shall not be required in an accessory unit if they are not required in the primary residence. ADUs within Existing Space Local governments must ministerially approve an application to create within a single family residential zone one ADU per single family lot if the unit is: • contained within an existing residence or accessory structure. • has independent exterior access from the existing residence. • has side and rear setbacks that are sufficient for fire safety. These provisions apply within all single family residential zones and ADUs within existing space must be allowed in all of these zones. No additional parking or other development standards can be applied except for building code requirements. No Total Prohibition SB 1069 prohibits a local government from adopting an ordinance that precludes ADUs. AB 2299 (Bloom) Generally, AB 2299 (Chapter 735, Statutes of 2016) requires a local government (beginning January 1, 2017) to ministerially approve ADUs if the unit complies with certain parking requirements, the maximum allowable size of an attached ADU, and setback requirements, as follows: • The unit is not intended for sale separate from the primary residence and may be rented. • The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling. • The unit is either attached to an existing dwelling or located within the living area of the existing dwelling or detached and on the same lot. • The increased floor area of the unit does not exceed 50% of the existing living area, with a maximum increase in floor area of 1,200 square feet. • The total area of floorspace for a detached accessory dwelling unit does not exceed 1,200 square feet. • No passageway can be required. • No setback can be required from an existing garage that is converted to an ADU. 4 Exhibit 5-7 • Compliance with local building code requirements. • Approval by the local health officer where private sewage disposal system is being used. Impact on Existing Accessory Dwelling Unit Ordinances AB 2299 provides that any existing ADU ordinance that does not meet the bill's requirements is null and void upon the date the bill becomes effective. In such cases, a jurisdiction must approve accessory dwelling units based on Government Code Section 65852.2 until the jurisdiction adopts a compliant ordinance. AB 2406 (Thurmond) AB 2406 (Chapter 755, Statutes of 2016) creates more flexibility for housing options by authorizing local governments to permit junior accessory dwelling units (JADU) through an ordinance. The bill defines JADUs to be a unit that cannot exceed 500 square feet and must be completely contained within the space of an existing residential structure. In addition, the bill requires specified components for a local JADU ordinance. Adoption of a JADU ordinance is optional. Required Components The ordinance authorized by AB 2406 must include the following requirements: • Limit to one JADU per residential lot zoned for single-family residences with a single-family residence already built on the lot. • The single-family residence in which the JADU is created or JADU must be occupied by the owner of the residence. • The owner must record a deed restriction stating that the JADU cannot be sold separately from the single- family residence and restricting the JADU to the size limitations and other requirements of the JADU ordinance. • The JADU must be located entirely within the existing structure of the single-family residence and JADU have its own separate entrance. • The JADU must include an efficiency kitchen which includes a sink, cooking appliance, counter surface, and storage cabinets that meet minimum building code standards. No gas or 220V circuits are allowed. • The JADU may share a bath with the primary residence or have its own bath. Prohibited Components This bill prohibits a local JADU ordinance from requiring: • Additional parking as a condition to grant a permit. Applying additional water, sewer and power connection fees. No connections are needed as these utilities have already been accounted for in the original permit for the home. 5 Exhibit 5-8 Fire Safety Requirements AB 2406 clarifies that a JADU is to be considered part of the single-family residence for the purposes of fire and life protections ordinances and regulations, such as sprinklers and smoke alarms. The bill also requires life and protection ordinances that affect single-family residences to be applied uniformly to all single-family residences, regardless of the presence of a JADU. JADUs and the RHNA As part of the housing element portion of their general plan, local governments are required to identify sites with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation (RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a JADU toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit which is fairly flexible. Local government count units as part of reporting to DOF. JADUs meet these definitions and this biii would allow cities and counties to earn credit toward meeting their RHNA allocations by permitting residents to create less costly accessory units. See additional discussion under JADU frequently asked questions. 6 Exhibit 5-9 Frequently Asked Questions: Accessory Dwelling Units Should pn Ordinance Encourage the development of ADl1-z? Yes, ADU law and recent changes intend to address barriers, streamline approval and expand potential capacity for ADUs recognizing their unique importance in addressing California's housing needs. The preparation, adoption, amendment and implementation of local ADU ordinances must be carried out consistent with Government Code Section 65852.150: (a) The Legislature finds and declares all of the following: (1) Accessory dwelling units are a valuable form of housing in California. (2) Accessory dwelling units provide housing for family members, students, the elderly, In-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. (3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security. (4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California. (5) California faces a severe housing crisis. (6) The state is falling far short of meeting current and future housing demand with serious consequences for the state's economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners. (7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (8) Accessory dwelling units are, therefore, an essential component of California's housing supply. (b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance. Exhibit 5-10 Are Existing Ordinances Null and Void" Yes, any local ordinance adopted prior to January 1, 2017 that is not in compliance with the changes to ADU law will be null and void. Until an ordinance is adopted, local governments must apply "state standards" (See Attachment 4 for State Standards checklist). In the absence of a local ordinance complying with ADU law, local review must be limited to "state standards" and cannot include additional requirements such as those in an existing ordinance. Are Local Governments Required to Adopt an Ordinance? No, a local government is not required to adopt an ordinance. ADUs built within a jurisdiction that lacks a local ordinance must comply with state standards (See Attachment 4). Adopting an ordinance can occur through different forms such as a new ordinance, amendment to an existing ordinance, separate section or special regulations within the zoning code or integrated into the zoning code by district. However, the ordinance should be established legislatively through a public process and meeting and not through internal administrative actions such as memos or zoning interpretations. Can a Local Government Preclude ADUs? No local government cannot preclude ADUs. Can a Local Government Apply Development Standards and Designate Areas? Yes, local governments may apply development standards and may designate where ADUs are permitted (GC Sections 65852.2(a)(1)(A) and (13)). However, ADUs within existing structures must be allowed in all single family residential zones. For ADUs that require an addition or a new accessory structure, development standards such as parking, height, lot coverage, lot size and maximum unit size can be established with certain limitations. ADUs can be avoided or allowed through an ancillary and separate discretionary process in areas with health and safety risks such as high fire hazard areas. However, standards and allowable areas must not be designed or applied in a manner that burdens the development of ADUs and should maximize the potential for ADU development. Designating areas where ADUs are allowed should be approached primarily on health and safety issues including water, sewer, traffic flow and public safety. Utilizing approaches such as restrictive overlays, limiting ADUs to larger lot sizes, burdensome lot coverage and setbacks and particularly concentration or distance requirements (e.g., no less than 500 feet between ADUs) may unreasonably restrict the ability of the homeowners to create ADUs, contrary to the intent of the Legislature. Exhibit 5-11 Requiring large minimum lot sizes and not allowing smaller lot sizes for ADUs can severely restrict their potential development. For example, large minimum lot sizes for ADUs may constrict capacity throughout most of the community. Minimum lot sizes cannot be applied to ADUs within existing structures and could be considered relative to health and safety concerns such as areas on septic systems. While larger lot sizes might be targeted for various reasons such as ease of compatibility, many tools are available (e.g., maximum unit size, maximum lot coverage, minimum setbacks, architectural and landscape requirements) that allows ADUs to fit well within the built environment. Can a Local Government Adopt Less Restrictive RequiremerasY Yes, ADU law is a minimum requirement and its purpose is to encourage the development of ADUs. Local governments can take a variety of actions beyond the statute that promote ADUs such as reductions in fees, less restrictive parking or unit sizes or amending general plan policies. Santa Cruz has confronted a shortage of housing for many years, considering its growth in population from incoming students at UC Santa Cruz and its proximity to Silicon Valley. The city promoted the development of ADUs as critical infill -housing opportunity through various strategies such as creating a manual to promote ADUs. The manual showcases prototypes of ADUs and outlines city zoning laws and requirements to make it more convenient for homeowners to get information. The City found that homeowners will take time to develop an ADL! only if information is easy to find, the process is simple, and there is sufficient guidance on what options they have in regards to design and planning. The city set the minimum lot size requirement at 4,500 sq. ft. to develop an ADU in order to encourage more homes to build an ADU. This allowed for a majority of single-family homes in Santa Cruz to develop an ADU. For more information, see http;Ilwww.citvofsantacruz.com/departments/planning-and-communitY- developmentlorogramslaccessory-dwe_Iling-unit-development-program. ('an Local Governments EStnNiO h4inirn l n an!l �Inyimi lm I Init 4iZp-q`? Yes, a local government may establish minimum and maximum unit sizes (GC Section 65852.2(c). However, like all development standards (e.g., height, lot coverage, lot size), unit sizes should not burden the development of ADUs. For example, setting a minimum unit size that substantially increases costs or a maximum unit size that unreasonably restricts opportunities would be inconsistent with the intent of the statute. Typical maximum unit sizes range from 800 square feet to 1,200 square feet. Minimum unit size must at least allow for an efficiency unit as defined in Health and Safety Code Section 17958.1. ADU law requires local government approval if meeting various requirements (GC Section 65852.2(a)(1)(D)), including unit size requirements. Specifically, attached ADUs shall not exceed 50 percent of the existing living area or 1,200 square feet and detached ADUs shall not exceed 1,200 square feet. A local government may choose a maximum unit size less than 1,200 square feet as long as the requirement is not burdensome on the creation of ADUs. Exhibit 5-12 Lan ADUs Exceed General Plan and 7onino Densities? An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning. For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an additional unit. Minimum lot sizes must not be doubled (e.g., 15,000 square feet) to account for an ADU. Further, local governments could elect to allow more than one ADU on a lot. New developments can increase the total number of affordable units in their project plans by integrating ADUs. Aside from increasing the total number of affordable units, integrating ADUs also promotes housing choices within a development. One such example is the Cannery project in Davis, CA. The Cannery project includes 547 residential units with up to 60 integrated ADUs. ADUs within the Cannery blend in with surrounding architecture, maintaining compatibility with ijuigt ibofliuods and elII i3ti{ iil C0111rnurlity 0iaiucturf AD us are curi:3XUC:LCd a ine same time as the primary single-family unit to ensure the affordable rental unit is available in the housing supply concurrent with the availability of market rate housing. 10 Exhibit 5-13 How Are Fees Charged to ADUs,.` All impact fees, including water, sewer, park and traffic fees must be charged in accordance with the Fee Mitigation Act, which requires fees to be proportional to the actual impact (e.g., significantly less than a single family home). Fees on ADUs, must proportionately account for impact on services based on the size of the ADU or number of plumbing fixtures. For example, a 700 square foot new ADU with one bathroom that results in less landscaping should be charged much less than a 2,000 square foot home with three bathrooms and an entirely new landscaped parcel which must be irrigated. Fees for ADUs should be significantly less and should account for a lesser impact such as lower sewer or traffic impacts. What Utility Fee Requirements Apply to ADt Ise Cities and counties cannot consider ADUs as new residential uses when calculating connection fees and capacity charges. Where ADUs are being created within an existing structure (primary or accessory), the city or county cannot require a new or separate utility connections for the ADU and cannot charge any connection fee or capacity charge. For other ADUs, a local agency may require separate utility connections between the primary dwelling and the ADU, but any connection fee or capacity charge must be proportionate to the impact of the ADU based on either its size or the number of plumbing fixtures. What Utility Fee Requirements Apply to Non -City and Countv Service Districts? All local agencies must charge impact fees in accordance with the Mitigation Fee Act (commencing with Government Code Section 66000), including in particular Section 66013, which requires the connection fees and capacity charges to be proportionate to the burden posed by the ADU. Special districts and non -city and county service districts must account for the lesser impact related to an ADU and should base fees on unit size or number of plumbing fixtures. Providers should consider a proportionate or sliding scale fee structures that address the smaller size and lesser impact of ADUs (e.g., fees per square foot or fees per fixture). Fee waivers or deferrals could be considered to better promote the development of ADUs. Do Utility Fee Requirements Apply to ADUs within Existing Space? No, where ADUs are being created within an existing structure (primary or accessory), new or separate utility connections and fees (connection and capacity) must not be required. Does "Public Transit" Include within One-half Mile of a Rus Stop and Train Station? Yes, "public transit' may include a bus stop, train station and paratransit if appropriate for the applicant. "Public transit' includes areas where transit is available and can be considered regardless of tighter headways (e.g., 15 minute intervals). Local governments could consider a broader definition of "public transit' such as distance to a bus route. 11 Exhibit 5-14 Can Parkinq Be Requirpd Where a Car Share Is Available`' No, ADU law does not allow parking to be required when there is a car share located within a block of the ADU. A car share location includes a designated pick up and drop off location. Local governments can measure a block from a pick up and drop off location and can decide to adopt broader distance requirements such as two to three blocks. Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? - Yes, ADU law deliberately reduces parking requirements. Local governments may make specific findings that tandem parking and parking in setbacks are infeasible based on specific site, regional topographical or fire and life safety conditions or that tandem parking or parking in setbacks is not permitted anywhere else in the jurisdiction. However, these determinations should be applied in a manner that does not unnecessarily restrict the creation of ADUs. Local governments must provide reasonable accommodation to persons with disabilities to promote equal access housing and comply with fair housing laws and housing element law. The reasonable accommodation procedure must provide exception to zoning and land use regulations which includes an ADU ordinance. Potential exceptions are not limited and may include development standards such as setbacks and parking requirements and permitted uses that further the housing opportunities of individuals with disabilities. Is Covered Parking Required No, off street parking must be permitted through tandem parking on an existing driveway, unless specific findings are made. Is Replacement Parking Required When the Parking Area for the Primary Structure Is Used for an ADU? Yes, but only if the local government requires off-street parking to be replaced in which case flexible arrangements such as tandem, including existing driveways and uncovered parking are allowed. Local governments have an opportunity to be flexible and promote ADUs that are being created on existing parking space and can consider not requiring replacement parking. kre Setbacks Required When an Existing Garage Is Converted to an ADU? No, setbacks must not be required when a garage is converted or when existing space (e.g., game room or office) above a garage is converted. Rear and side yard setbacks of no more than five feet are required when new space is added above a garage for an ADU. In this case, the setbacks only apply to the added space above the garage, not the existing garage and the ADU can be constructed wholly or partly above the garage, including extending beyond the garage walls. 12 Exhibit 5-15 Also, when a garage, carport or covered parking structure is demolished or where the parking area ceases to exist so an ADU can be created, the replacement parking must be allowed in any "configuration" on the lot, "...including, but not limited to, covered spaces, uncovered spaces, or tandem spaces, or...." Configuration can be applied in a flexible manner to not burden the creation of ADUs. For example, spatial configurations like tandem on existing driveways in setback areas or not requiring excessive distances from the street would be appropriate. Are ADUs Permitted in Existing Residence or Accessory Space? Yes, ADUs located in single family residential zones and existing space of a single family residence or accessory structure must be approved regardless of zoning standards (Section 65852.2(a)(1)(B)) for ADUs, including locational requirements (Section 65852.2(a)(1)(A)), subject to usual non -appealable ministerial building permit requirements. For example, ADUs in existing space does not necessitate a zoning clearance and must not be limited to certain zones or areas or subject to height, lot size, lot coverage, unit size, architectural review, landscape or parking requirements. Simply, where a single family residence or accessory structure exists in any single family residential zone, so can an ADU. The purpose is to streamline and expand potential for ADUs where impact is minimal and the existing footprint is not being increased. Zoning requirements are not a basis for denying a ministerial building permit for an ADU, including non -conforming lots or structures. The phrase, "within the existing space" includes areas within a primary home or within an attached or detached accessory structure such as a garage, a carriage house, a pool house, a rear yard studio and similar enclosed structures. Are Owner Occupants Requirt-d? No, however, a local government can require an applicant to be an owner occupant. The owner may reside in the primary or accessory structure. Local governments can also require the ADU to not be used for short term rentals (terms lesser than 30 days). Both owner occupant use and prohibition on short term rentals can be required on the same property. Local agencies which impose this requirement should require recordation of a deed restriction regarding owner occupancy to comply with GC Section 27281.5 Are Fire Sprinklers Required for AnUq? Depends, ADUs shall not be required to provide fire sprinklers if they are not or were not required of the primary residence. However, sprinklers can be required for an ADU if required in the primary structure. For example, if the primary residence has sprinklers as a result of an existing ordinance, then sprinklers could be required in the ADU. Alternative methods for fire protection could be provided. If the ADU is detached from the main structure or new space above a detached garage, applicants can be encouraged to contact the local fire jurisdiction for information regarding fire sprinklers. Since ADUs are a unique opportunity to address a variety of housing needs and provide affordable housing options for family members, students, the elderly, in-home health care providers, the disabled, and others, the fire departments want to ensure the safety of these populations as well as the safety of those living in the primary structure. Fire Departments can help educate property owners on the benefits of sprinklers, potential resources and how they can be installed cost effectively. For example, insurance rates are typically 5 to 10 percent lower where the unit is sprinklered. Finally, other methods exist to provide additional fire protection. Some options may include additional exits, emergency escape and rescue openings, 1 hour or greater fire -rated assemblies, roofing materials and setbacks from property lines or other structures. 13 Exhibit 5-16 Is Manufactured Housing Permitted as an ADU? Yes, an ADU is any residential dwelling unit with independent facilities and permanent provisions for living, sleeping, eating, cooking and sanitation. An ADU includes an efficiency unit (Health and Safety Code Section 17958.1) and a manufactured home (Health and Safety Code Section 18007). Health and Safety Code Section 18007(a) "Manufactured home," for the purposes of this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single- faa-iily dwelling wirih oi witiiuut d iuundatian WhUiti cUrnlected to use required utilities, aria incivaes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home" includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following). Can an Efficiency Unit Be Smaller than 220 Square Feet? Yes, an efficiency unit for occupancy by no more than two persons, by statute (Health and Safety Code Section 17958.1), can have a minimum floor area of 150 square feet and can also have partial kitchen or bathroom facilities, as specified by ordinance or can have the same meaning specified in the Uniform Building Code, referenced in the Title 24 of the California Code of Regulations. The 2015 International Residential Code adopted by reference into the 2016 California Residential Code (CRC) allows residential dwelling units to be built considerably smaller than an Efficiency Dwelling Unit (EDU). Prior to this code change an EDU was required to have a minimum floor area not less than 220 sq. ft unless modified by local ordinance in accordance with the Califomia Health and Safety Code which could altow an EDU to be built no less than 150 sq. ft. For more information, see HCD's Information Bulletin at litt ://www.hcd.ca. ov/codes/manufactured-housin /docs1ib2016-06.pol . Does ADU Law Apply to Charter Cities and Counties? Yes. ADU law explicitly applies to "local agencies" which are defined as a city, county, or city and county whether general law or chartered (Section 65852.2(i)(2)). 14 Exhibit 5-17 nn Alit lc (''.punt tnwarrl the Renionnl Housino Need Allocation? Yes, local governments may report ADUs as progress toward Regional Housing Need Allocation pursuant to Government Code Section 65400 based on the actual or anticipated affordability. See below frequently asked questions for JADUs for additional discussion. Must ADU Ordinances Be Submitted to the Department of Housing and Community Development? Yes, ADU ordinances must be submitted to the State Department of Housing and Community Development within 60 days after adoption, including amendments to existing ordinances. However, upon submittal, the ordinance is not subject to a Department review and findings process similar to housing element law (GC Section 65585) 1s Exhibit 5-18 Frequently Asked Questions: Junior Accessory Dwelling Units Is There a Difference between ADU and :IADILI ? a i1 Courtesy of Lilypad Homes and Photo Credit to Jocelyn Knight Maximum Unit Size Bathroom Separate Entrance Parking Yes, AB 2406 added Government Code Section 65852.22, providing a unique option for Junior ADUs. The bill allows local governments to adopt ordinances for JADUs, which are no more than 500 square feet and are typically bedrooms in a single-family home that have an entrance Into the unit from the main home and an entrance to the outside from the JADU. The JADU must have cooking facilities, including a sink, but is not required to have a private bathroom. Current law does not prohibit local governments from adopting an ordinance for a JADU, and this bill explicitly allows, not requires, a local agency to do so. If the ordinance requires a permit, the local agency shall not require additional parking or charge a fee for a water or sewer connection as a condition of granting a permit for a JADU. For more information, see below. ADUs and JADUs Yes, generally up to 1,200 Square Feet or 50% of living area Yes Yes Depends Yes, 500 Square Foot Maximum Yes No, Common Sanitation is Allowed Yes Depends, Parking May Be Eliminated and No, Parking Cannot Be Required Cannot Be Required Under Specified Conditions Owner Occupancy Depends, Owner Occupancy May Be Yes, Owner Occupancy Is Required Required Ministerial Approval Process Yes Yes I Prohibition on Sale of ADU Yes Yes 16 Exhibit 5-19 Whv Adopt a JADU Ordinance^ JADUs offer the simplest and most affordable housing option. They bridge the gap between a roommate and a tenant by offering an interior connection between the unit and main living area. The doors between the two spaces can be secured from both sides, allowing them to be easily privatized or incorporated back into the main living area. These units share central systems, require no fire separation, and have a basic kitchen, utilizing small plug in appliances, reducing development costs. This provides flexibility and an insurance policy in homes in case additional income or housing is needed. They present no additional stress on utility services or infrastructure because they simply repurpose spare bedrooms that do not expand the homes planned occupancy. No additional address is required on the property because an interior connection remains. By adopting a JADU ordinance, local governments can offer homeowners additional options to take advantage of underutilized space and better address its housing needs. Can JADUs Count towards the RHNA? Yes, as part of the housing element portion of their general plan, local governments are required to identify sites with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation (RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a unit toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, a JADU, including with shared sanitation facilities, that meets the census definition and is reported to the Department of Finance as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the RHNA based on the appropriate income level. Local governments can track actual or anticipated affordability to assure the JADU is counted to the appropriate income category. For example, some local governments request and track information such as anticipated affordability as part of the building permit application. A housing unit is a house, an apartment, a mobile home or trailer, a group of rooms, or a single room that is occupied, or, if vacant, is intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other persons in the building and which have direct access from the outside of the building or through a common hall. Can the JADU Be Sold Independent of the Primary Dwelling? No, the JADU cannot be sold separate from the primary dwelling. Are JADUs Subiect to Connection and Capacity Fees' No, JADUs shall not be considered a separate or new dwelling unit for the purposes of fees and as a result should not be charged a fee for providing water, sewer or power, including a connection fee. These requirements apply to all providers of water, sewer and power, including non -municipal providers. Local governments may adopt requirements for fees related to parking, other service or connection for water, sewer or power, however, these requirements must be uniform for all single family residences and JADUs are not considered a new or separate unit. 17 Exhibit 5-20 Are There Requirements for Fire Separation and Fire Sprinklers? Yes, a local government may adopt requirements related to fire and life protection requirements. However, a JADU shall not be considered a new or separate unit. In other words, if the primary unit is not subject to fire or life protection requirements, then the JADU must be treated the same. 18 Exhibit 5-21 Resources Courtesy of Karen Chapple, UC Berkeley 19 Exhibit 5-22 Attachment 1: Statutory Changes (Strikeout/Underline) Government Code Section 65852.2 (a) (1) Any A local agency may, by ordinance, provide for the creation of sesend accessory dwellinq units in single-family and multifamily residential zones. The ordinance naay shall do any all of the following: (A) Designate areas within the jurisdiction of the local agency where sesend accessory dwelling units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of sesend accessory dwelling units on traffic flew. flow and public safe. (B) (i) Impose standards on sesend accessory dwelling units that include, but are not limited to, parking, height, setbaci , lot coverage, iandscapa, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. ii Notwithstanding clause (i) a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that sesend accessory dwelling units do not exceed the allowable density for the lot upon which the sesend accessory dwelling unit is located, and that sesend-accessorydwelling units area residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) The unit is not intended for sale separate from the primary residence and may be rented. (ii) The lot is zoned for single-family or multifamily use and contains an existing single-family dwelling iii) The accessory dwellinq unit is either attached to the existing dwelling or located within the living area of the existinq dwellinq or detached from the existing dwellinq and located on the same lot as the existing dwellinq. (iv) The increased floor area of an attached accessory dwellinq unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1.200 square feet. (v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1 200 square feet (vi) No passageway shall be required in conjunction with the construction of an accessory dwellinq unit. (vii) No setback shall be required for an existinq garage that is converted to a accessory dwellinq unit and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwellinq unit that is constructed above aag rape. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used if required. (x) (I) Parking requirements for accessory dwellinq units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway (ll) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the iurisdiction. (111) This clause shall not applV to a unit that is described in subdivision (d). 20 Exhibit 5-23 (xi) When a garage carport or covered parking structure is demolished in conjunction with the construction of an accessory dwellinq unit and the local agency requires that those offstreet parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit including, but not limited to as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d). (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. Nothing in this n _ atien of AIDU -permits, within 920 days after receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of Al3Us. an accessory dwelling unit. (b} (4) k44 An When existing ordinance governing the creation of an accessory dwelling unit by a local agency WhiGh has not adopte se with -sem first ap lioation ewer after july 1, 1983, fGF a perwk-pufsuant to this subdivision, applisatiea arm appreve or 'ea-miRisterial wi Fy review subdi„isien unles i+ or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units except as otherwise provided in this subdivision In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivjsion, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter, apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the a enc adopts an ordinance ' ,i+hin „n days after roGeiving the eGtie nol age n , shall n nt o Fianna Gr cnoniol use permit iloinrir . that complies with this section. �o� �.oqF,���„�-„�,�,uz,�y-tip ,,...y.., ............ ...........wy.., ...........,.........,...,.., ..., r.�....,..., ., .....,, and otheron in the zone in ,uhinh the t�tr�t� iu . (1) Approval by the IGGal health officer where a sewage disposal system is being used, if U* 21 Exhibit 5-24 M (5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (3) L6J This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed AIDUs 9R lets a proposed accessory dwelling unit on a lot zoned for residential use WhiGh GGRtain that contains an existing single-family dwelling. No additional standards, other than those provided in thiss bdiyisie.-, ^" subdivisin-A (a) subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an ewner-essupapA-. owner -occupant or that the property be used for rentals of terms longer than 30 days. (4) (7) NG GhaRges 'R;�eninq erdinaRGe6 OF Other ardinaRG96 OF any Ghal;OeS iR the general plan shall be FequiFed to implement this subdivisien-.Any A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of ADUs an accessory dwelling unit if these provisions are consistont with the limitations of this subdivision. f n ADL) whish GORfGFFno to the r f f An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential usewhieh that is consistent with the existing general plan and zoning designations for the lot. The ADUs accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (0 &Flo When a local agency multifamily zGned areas unless the eFd*naRG9 GGRtaiRs findings aGknewledging that the eFd'RaRGe may I'mit housing eppGrtunities of the region and fuFtheF Gontains findings that speGifiG adverse impaots on the publiG health—, safety, and welfare that weuld Fe6ult from allewing ADLJs within single family and MU'tifaMily ZORed aFeas justify that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives its first application on or after July. 1. 1983, for a permit to create an accessory dwelling_ unit pursuant to this subdivision the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the application. (d) (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached seGand-accessory dwelling units. No minimum or maximum size for a-sesotad an accessory dwelling unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings whish that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. t3l_The accessory_ dwelling unit is part of the existing primary residence or an existing accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) Parking Fequirements for ADUs shall not e . king spaG8 per unit or per bedrOGM. Additienal pa; may be required previded that a finding is made that the additional parking requirements are d'reGtly related to 22 Exhibit 5-25 use of the AD 1 and amnnno rd intent with evicting neighhnrhenstandards appl'nehle to existingdwellings. wellings Off street_ parkiRg shall be permitted on setbaGk areas In locations determined by the IeGal agenGy Gr through tandern parking-, unless speGifiG findings are made that parking in setba k areas or tandem parking is not feasible based upen speGifiG site or regional topographical or fire and life safety conditions, Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a buildinq permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety, Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (f) (1) Fees charged for the construction of seeGnd-accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section6€900): 66000) and Chapter 7 (commencinq with Section 66092). Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. (A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (B) For an accessory dwelling unit that is not described in subdivision (e), a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ADLis. an accessory dwelling unit. (h) Local agencies shall submit a copy of the ordinances ordinance adopted pursuant to subdivision (a) of44to the Department of Housing and Community Development within 60 days after adoption. (i) As used in this section, the following terms mean: (1) "Living area," area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. (4) "Seeend "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A--,eGGPA-An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (5) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 23 Exhibit 5-26 0) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for second -accessory dwelling units. Government Code Section 65652.22. _U Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwellinq units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following_ (1) Limit the number of junior accessory dwellinq units to one per residential lot zoned for single-family residences with a single-family residence already built on the lot. (2) Require owner -occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwellinq unit. Owner -occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land shall be filed with the permitting agency, and shall include both of the following: (A) A prohibition on the sale of the iunior accessory dwellinq unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the junior accessory dwellinq unit that conforms with this section. (4) Require a permitted junior accessory dwelling unit to be constructed within the existing walls of the structure and require the inclusion of an existing bedroom. (5) Require a permitted junior accessory dwellinq to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. A permitted iunior accessory dwellinq may include a second interior doorway for sound attenuation. (6) Require the permitted iunior accessory dwellinq unit to include an efficiency kitchen, which shall include all of the following: (A) A sink with a maximum waste line diameter of 1.5 inches. (B) A cookinq facilitywith ith appliances that do not require electrical service greater than 120 volts or natural or propane gas. (C) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the iunior accessory dwellinq unit. & (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine whether the iunior accessory dwellinq unit is in compliance with applicable building standards. (c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or an local ocal ordinance regulating the issuance of variances or special use permits, be considered ministerially without discretionary review or a hearing. A permit shall be issued within 120 days of submission of an application for a 24 Exhibit 5-27 permit pursuant to this section. A local agency may charge a fee to reimburse the local agencv for costs incurred in connection with the issuance of a permit pursuant to this section. Ld For the purposes of any fire or life protection ordinance or regulation a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (e) For the purposes of providing service for water, sewer, or power, including a connection fee, a iunior accessory dwelling unit shall not be considered a separate or new dwelling unit. jfl This section shall not be construed to prohibit a local agencv from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit so long as that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g) For purposes of this section, the followinq terms have the followinq meanings: (1) `Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. 25 Exhibit 5-28 Attachment 2: Sample ADU Ordinance Section XXX1XXX: Purpose This Chapter provides for accessory dwelling units on lots developed or proposed to be developed with single- family dwellings. Such accessory dwellings contribute needed housing to the community's housing stock. Thus, accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities, including near transit on single family lots. Section XXX2XXX: Applicability The provisions of this Chapter apply to all lots that are occupied with a single family dwelling unit and zoned residential. Accessory dwelling units do exceed the allowable density for the lot upon which the accessory dwelling unit is located, and are a residential use that is consistent with the existing general plan and zoning designation for the lot. Section XXX3XXX: Development Standards Accessory Structures within Existing Space An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within the Chapter if complying with: 1. Building and safety codes 2. Independent exterior access from the existing residence 3. Sufficient side and rear setbacks for fire safety. Accessory Structures (Attached and Detached) General: The unit is not intended for sale separate from the primary residence and may be rented. The lot is zoned for residential and contains an existing, single-family dwelling. The accessory dwelling unit is either attached to the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet. Local building code requirements that apply to detached dwellings, as appropriate. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection. Parking: 1. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non -driveway front yard setback. 2. Parking is not required in the following instances: • The accessory dwelling unit is located within one-half mile of public transit, including transit stations and bus stations. 26 Exhibit 5-29 • The accessory dwelling unit is located in the WWWW Downtown, XXX Area, YYY Corridor and ZZZ Opportunity Area. ® The accessory dwelling unit is located within an architecturally and historically significant historic district. • When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. • When there is a car share vehicle located within one block of the accessory dwelling unit. Replacement Parking: When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking shall not be required and may be located in any configuration on the same lot as the accessory dwelling unit. Section XXX4XXX: Permit Requirements ADUs shall be permitted ministerially, in compliance with this Chapter within 120 days of application. The Community Development Director shall issue a building permit or zoning certificate to establish an accessory dwelling unit in compliance with this Chapter if all applicable requirements are met in Section XXX3XXXXX, as appropriate. The Community Development Director may approve an accessory dwelling unit that is not in compliance with Section XXX3XXXX as set forth in Section XXXSXXXX. The XXXX Health Officer shall approve an application in conformance with XXXXXX where a private sewage disposal system is being used. Section XXXSXXX: Review Process for Accessory Structure Not Complying with Development Standards An accessory dwelling unit that does not comply with standards in Section XXX3XX may permitted with a zoning certificate or an administrative use permit at the discretion of the Community Development Director subject to findings in Section XXX6XX Section XXX6XXX: Findings A. In order to deny an administrative use permit under Section XXXSXXX, the Community Development Director shall find that the Accessory Dwelling Unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors. B. In order to approve an administrative use permit under Section XXXSXXX to waive required accessory dwelling unit parking, the Community Development Director shall find that additional or new on-site parking would be detrimental, and that granting the waiver will meet the purposes of this Chapter. Section XXX7XXX: Definitions (1) "Living area means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Accessory dwelling unit' means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (3) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 27 Exhibit 5-30 (4) (1) "Existing Structure" for the purposes of defining an allowable space that can be converted to an ADU means within the four walls and roofline of any structure existing on or after January 1, 2017 that can be made safely habitable under local building codes at the determination of the building official regardless of any non-compliance with zoning standards. 28 Exhibit 5-31 Attachment 3: Sample JADU Ordinance (Lilypad Homes at hUDMAilvnadhomes.ora/) Draft Junior Accessory Dwelling Units (JADU) — Flexible Housing Findings: 1. Causation: Critical need for housing for lower income families and individuals given the high cost of living and low supply of affordable homes for rent or purchase, and the difficulty, given the current social and economic environment, in building more affordable housing 2. Mitigation: Create a simple and inexpensive permitting track for the development of junior accessory dwelling units that allows spare bedrooms in homes to serve as a flexible form of infill housing 3. Endangerment: Provisions currently required under agency ordinances are so arbitrary, excessive, or burdensome as to restrict the ability of homeowners to legally develop these units therefore encouraging homeowners to bypass safety standards and procedures that make the creation of these units a benefit to the whole of the community 4. Co -Benefits: Homeowners (particularly retired seniors and young families, groups that tend to have the lowest incomes) — generating extra revenue, allowing people facing unexpected financial obstacles to remain in their homes, housing parents, children or caregivers; Homebuyers - providing rental income which aids in mortgage qualification under new government guidelines; Renters — creating more low-cost housing options in the community where they work, go to school or have family, also reducing commute time and expenses; Municipalities — helping to meet RHNA goals, increasing property and sales tax revenue, insuring safety standard code compliance, providing an abundant source of affordable housing with no additional infrastructure needed; Community - housing vital workers, decreasing traffic, creating economic growth both in the remodeling sector and new customers for local businesses; Planet - reducing carbon emissions, using resources more efficiently; 5. Benefits of Junior ADUs: offer a more affordable housing option to both homeowners and renters, creating economically healthy, diverse, multi -generational communities; Therefore, the following ordinance is hereby enacted: This Section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit, permitted as set forth under State Law AB 1866 (Chapter 1062, Statutes of 2002) Sections 65852.150 and 65852.2 and subject to different provisions under fire safety codes based on the fact that junior accessory dwelling units do not qualify as "complete independent living facilities" given that the interior connection from the junior accessory dwelling unit to the main living area remains, therefore not redefining the single-family home status of the dwelling unit. A) Development Standards. Junior accessory dwelling units shall comply with the following standards, including the standards in Table below: 1) Number of Units Allowed. Only one accessory dwelling unit or, junior accessory dwelling unit, may be located on any residentially zoned lot that permits a single-family dwelling except as otherwise regulated or restricted by an adopted Master Plan or Precise Development Plan. A junior accessory dwelling unit may only be located on a lot which already contains one legal single-family dwelling. 2) Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling or the accessory dwelling, except when the home is held by an agency such as a land trust or housing organization in an effort to create affordable housing. 3) Sale Prohibited. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel. 29 Exhibit 5-32 4) Deed Restriction: A deed restriction shall be completed and recorded, in compliance with Section B below. 5) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit must be created within the existing walls of an existing primary dwelling, and must include conversion of an existing bedroom. 6) Separate Entry Required. A separate exterior entry shall be provided to serve a junior accessory dwelling unit. 7) Interior Entry Remains: The interior connection to the main living area must be maintained, but a second door may be added for sound attenuation. 8) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: a) A sink with a maximum waste line diameter of one -and -a -half (1.5) inches, b) A cooking facility with appliance which do not require electrical service greater than one -hundred -and - twenty (120) volts or natural or propane gas, and c) A food preparation counter and storage cabinets that are reasonable to size of the unit. 9) Parking: No additional parking is required beyond that required when the existing primary dwelling was constructed. Development Standards for Junior Accessory Dwelling Units Maximum unit size 500 square feet Setbacks As required for the primary dwelling unit I Parking No additional parking required I B) Deed Restriction: Prior to obtaining a building permit for a junior accessory dwelling unit, a deed restriction, approved by the City Attorney, shall be recorded with the County Recorder's office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this Section. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the Department stating that: 1) The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit; 2) The junior accessory dwelling unit is restricted to the maximum size allowed per the development standards; 3) The junior accessory dwelling unit shall be considered legal only so long as either the primary residence, or the accessory dwelling unit, is occupied by the owner of record of the property, except when the home is owned by an agency such as a land trust or housing organization in an effort to create affordable housing; 4) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property. C) No Water Connection Fees: No agency should require a water connection fee for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard may be assessed. 30 Exhibit 5-33 D) No Sewer Connection Fees: No agency should require a sewer connection fee for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard may be assessed. E) No Fire Sprinklers and Fire Attenuation: No agency should require fire sprinkler or fire attenuation specifications for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard may be assessed. Definitions of Specialized Terms and Phrases. "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling - unit also includes the following: (1) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (2) A manufactured home, as defined in Section 18007 of the Health and Safety Code. "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. 31 Exhibit 5-34 Attachment 4: State Standards Checklist (As of January 1, 2017) Unit is not intended for sale separate from the primary residence and may be 65852.2(a)(1)(D)(1) rented. Lot is zoned for single-family or multifamily use and contains an existing, single- 65852.2(a)(1)(D))ii) family dwelling. Accessory dwelling unit is either attached to the existing dwelling or located 65852.2(x)(1)(D)(iii within the living area of the existing dwelling or detached from the existing } dwelling and lerated or. zh , sarnc !�+ 'ha existing Increased floor area of an attached accessory dwelling unit does not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. 65852.2(a)(1)(D)(iv Total area of floor space for a detached accessory dwelling unit dies not exceed i 65852.2(a)(1)(D)(v 1,200 square feet. ) Passageways are not required in conjunction with the construction of an 65852.2(a)(1)(D)(vi accessory dwelling unit. ) Setbacks are not required for an existing garage that is converted to an 65852.2(a)(1)(D)(vi accessory dwelling unit, and a setback of no more than five feet from the side i) and rear lot lines are not required for an accessory dwelling unit that is constructed above a garage. (Local building code requirements that apply to detached dwellings are met, as appropriate. 65852.2(a)(1)(D)(vi ii) Local health officer approval where a private sewage disposal system is being 65852.2(a)(1)(D)(ix used, if required. ) Parking requirements do not exceed one parking space per unit or per bedroom. 65852.2(a)(1)(D)(x These spaces may be provided as tandem parking on an existing driveway. ) * Other requirements may apply. See Government Code Section 65852.2 32 Exhibit 5-35 Attachment 5: Bibliography Reports ACCESSORY nWELLING UNITS: CASE STUDY (26 pp.) By United States Department of Housing and Urban Development, Office of Policy Development and Research. (2008) Introduction: Accessory dwelling units (ADUs) — also referred to as accessory apartments, ADUs, or granny flats — are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living spaces are equipped with kitchen and bathroom facilities, and can be either attached or detached from the main residence. This case study explores how the adoption of ordinances, with reduced regulatory restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of Accessory Dwelling Units; and Examples of ADU Ordinances and Programs. THE MACRO VIEW ON MICRO UNITS (46 pp.) By Bill Whitlow, et al. - Urban Land Institute (2014) Library Call #: H43 4.21 M33 2014 The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013 to evaluate from multiple perspectives the market performance and market acceptance of micro and small units. RESPONDING TO CHANGING HOUSEHOLDS. Regulatory Challenges for Micro -units and Accessory Dwelling Units (76 pp.) By Vicki Been, Benjamin Gross, and John Infranca (2014) New York University: Furman Center for Real Estate & Urban Policy Library Call # D55 3 147 2014 This White Paper fills two gaps in the discussion regarding compact units. First, we provide a detailed analysis of the regulatory and other challenges to developing both ADUs and micro -units, focusing on five cities: New York; Washington, DC; Austin; Denver; and Seattle. That analysis will be helpful not only to the specific jurisdictions we study, but also can serve as a model for those who what to catalogue regulations that might get in the way of the development of compact units in their own jurisdictions. Second, as more local governments permit or encourage compact units, researchers will need to evaluate how well the units built serve the goals proponents claim they will. SCALING UP SECONDARY UNIT PRODUCTION IN THE EAST BAY: Impacts and Policy Implications (25 pp.) By Jake Webmann, Alison Nemirow, and Karen Chapple (2012) UC Berkeley: Institute of Urban and Regional Development (TURD) Library Call # H44 1.1 S33 2012 This paper begins by analyzing how many secondary units of one particular type, detached backyard cottages, might be built in the East Bay, focusing on the Flatlands portions of Berkeley, EI Cerrito, and Oakland. We then investigate the potential impacts of scaling up the strategy with regard to housing affordability, smart growth, alternative transportation, the economy, and city budgets. A final section details policy recommendations, focusing on regulatory reforms and other actions cities can take to encourage secondary unit construction, such as promoting carsharing programs, educating residents, and providing access to finance. 33 Exhibit 5-36 SECONDARY UNITS AND URBAN INFILL: A literature Review (12 By Jake Wegmann and Alison Nemirow (2011) UC Berkeley: IURD Library Call # D44 4.21 S43 2011 This literature review examines the research on both infill development in general, and secondary units in particular, with an eye towards understanding the similarities and differences between infill as it is more traditionally understood — i.e., the development or redevelopment of entire parcels of land in an already urbanized area — and the incremental type of infill that secondary unit development constitutes. YES, BUT WILL THEY LET US BUILD? The Feasibility of Secondary Units in the East Bay (17 pp.) By Alison Nemirow and Karen Chapple (2012) UC Berkeley: IURD Library Call # H44.5 1.1 Y47 2012 This paper begins with a discussion of how to determine the development potential for secondary units, and then provides an overview of how many secondary units can be built in the East Bay of San Francisco Bay Area under current regulations. The next two sections examine key regulatory barriers in detail for the five cities in the study (Albany, Berkeley, EI Cerrito, Oakland, and Richmond), looking at lot size, setbacks, parking requirements, and procedural barriers. A sensitivity analysis then determines how many units could be built were the regulations to be relaxed. YES IN MY BACKYARD: Mobilizing the Market for Secondary Units (20 pp.) By Karen Chapple, J. Weigmann, A. Nemirow, and C. Dentel-Post (2011) UC Berkeley: Center for Community Innovation. Library Call # B92 1.1 Y47 2011 This study examines two puzzles that must be solved in order to scale up a secondary unit strategy: first, how can city regulations best enable their construction? And second, what is the market for secondary units? Because parking is such an important issue, we also examine the potential for secondary unit residents to rely on alternative transportation modes, particular car share programs. The study looks at five adjacent cities in the East Bay of the San Francisco Bay Area (Figure 1) -- Oakland, Berkeley, Albany, EI Cerrito, and Richmond -- focusing on the areas within '/z mile of five Bay Area Rapid Transit (BART) stations. Journal Articles and Working Papers: BACKYARD HOMES LA (17 pp.) By Dana Cuff, Tim Higgins, and Per -Johan Dahl, Eds. (2010) Regents of the University of California, Los Angeles. City Lab Project Book. DEVELOPING PRIVATE ACCESSORY DWELLINGS (6 pp.) By William P. Macht. Urbanland online. (June 26, 2015) Library Location: Urbanland 74 (3/4) March/April 2015, pp. 154-161. 34 Exhibit 5-37 GRANNY FLATS GAINING GROM (2 pp.) By Brian Barth, Planning Magazine: pp. 16-17. (April 2016) Library Location: Serials "HIDDEN" DENSITY: THE POTENTIAL OF SMALL-SCALE INFILL DEVELOPMENT (2 pp.) By Karen Chapple (2011) UC Berkeley: IURD Policy Brief. Library Call # D44 1.2 H53 2011 California's implementation of SB 375, the Sustainable Communities and Climate Protection Act of 2008, is putting new pressure on communities to support infill development. As metropolitan planning organizations struggle to communicate the need for density, they should take note of strategies that make increasing density an attractive choice for neighborhoods and regions. HIDDEN DENSITY IN SINGLE-FAMILY NEIGHBORHOODS: Backyard cottages as an equitable smart growth strategy (22 pp.) By Jake Wegmann and Karen Chapple. Journal of Urbanism 7(3): pp. 307-329. (2014) Abstract (not available in full text): Secondary units, or separate small dwellings embedded within single-family residential properties, constitute a frequently overlooked strategy for urban infill in high-cost metropolitan areas in the United States. This study, which is situated within California's San Francisco Bay Area, draws upon data collected from a homeowners' survey and a Rental Market Analysis to provide evidence that a scaled -up strategy emphasizing one type of secondary unit — the backyard cottage — could yield substantial infill growth with minimal public subsidy. In addition, it is found that this strategy compares favorably in terms of affordability with infill of the sort traditionally favored in the `smart growth' literature, i.e. the construction of dense multifamily housing developments. RETHINKING PRIVATE ACCESSORY DWELLINGS (5 pp.) By William P. Macht. Urbanland online. (March 6, 2015) Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91. ADUS AND LOS ANGELES' BROKEN PLANNING SYSTEI' (4 pp.) By CARLYLE W. Hall. The Planning Report. (April 26, 2016). Land -use attorney Carlyle W. Hall comments on building permits for accessory dwelling units. News: HOW ONE COLORADO CITY INSTANTLY CREATED AFFORDABLE HOUSING By Anthony Flint. The Atlantic-CityLab. (May 17, 2016). In Durango, Colorado, zoning rules were changed to allow, for instance, non -family members as residents in already -existing accessory dwelling units. NEW HAMPSHIRE WINS PROTECTIONS FOR ACCESSORY DWELLING UNITS (1 p.) NLIHC (March 28, 2016) Affordable housing advocates in New Hampshire celebrated a significant victory this month when Governor Maggie Hassan (D) signed Senate Bill 146, legislation that allows single-family homeowners to add an accessory 35 Exhibit 5-38 dwelling unit as a matter of right through a conditional use permit or by special exception as determined by their municipalities. The bill removes a significant regulatory barrier to increasing rental homes at no cost to taxpayers. NEW IN-LAW SUITE RULES BOOST AFFORDABLE HOUSING IN SAN FRANCISCO. (3 pp.) By Rob Poole. Shareable. (June 10, 2014). The San Francisco Board of Supervisors recently approved two significant pieces of legislation that support accessory dwelling units (ADUs), also known as "in-law" or secondary units, in the city... USING ACCESSORY DWELLING UNITS TO BOLSTER AFFORDABLE HOUSING (3 pp.) By Michael Ryan. Smart Growth America. (December 12, 2014). 36 Exhibit 5-39 Meeting Date: July 25, 2017 SAM RAFAEL Agenda item: hslr;� THE CITY WITH A MISSION Case Numbers: ' P16-011 Corn u D velopment Department - Planning Division I Project Planner: Raffi Boloyan (415) 485-3095 REPORT TO PLANNING COMMISSION SUBJECT: Election of new officers (Chair and Vice Chair) due to recent vacancy. EXECUTIVE SUMMARY The Planning Commission conducted their annual meeting in January 2017 and elected Commissioner Belletto as Chair and Commissioner Davidson as Vice Chair for 2017. Since that election, Commissioner Belletto's term on the Commission expired and he was not re -appointed to the Planning Commission. Therefore, there is now a vacancy in the Commission Officers and a new election must be conducted. RECOMMENDATION It is recommended that the Planning Commission conduct an election to select a new Chair and Vice Chair to complete the 2017 term. BACKGROUND AND ANALYSIS Election of Officers: Section ILE of the Planning Commission "Rules and Procedures" requires that the Planning Commission conduct an annual meeting to select officers (Chair and Vice Chair) for the calendar year. The Annual Meeting is defined as the "first meeting of the calendar year," which for this year isn't until January 10th for the 2017 calendar year. The office of the Chair and Vice Chair is rotational with selection based on seniority or tenure of service. The Rules and'Procedures sate A Chair and Vice -Chair shall be elected from among the Commission's membership at the Annual Meeting held the first meeting of the calendar year, to serve for a one year period. It is intended that the Chair and Vice -Chair be rotated among the Commissioners based on tenure, as defined by total years of service. In the event the years of service are identical, tenure will be determined in alphabetical order. It is the general rule that a Commissioner shall not serve as Chair more than once in'seven consecutive years. However, in the event that: 1) a position is vacated; 2) a Commissioner is not interested in serving as an officer, or 3)'there is limited tenure among the other Commissioners, then a Commissioner can be appointed as an officer more than once in seven years. On January 10, 2017 the Commission conducted their annual meeting. It was determined that the 2016 Vice Chair (Belletto) was next -in-line to serve as Chair. Commissioner Belletto served as Vice Chair in 2016 and had never served as Chair. Since he was the Vice Chair in_ 2016, the rules and procedures dictated that Commissioner Belletto was to be the next Chair for 2017. The 2017 Vice Chair was established by the same rules and procedures for Chair. In the case of the Vice Chair, there were three Commissioners who had not served as Chair in the past 7 years (Commissioner's Belletto, Davidson and Loughran). Commissioner Belletto was slated to serve as Chair this upcoming year. Of the remaining two, both had never served as an officer (Chair or Vice Chair). REPORT TO PLANNING COMMISSION Page 2 Commissioner Davidson had the most tenure of the two. Therefore, the Commissioner with the most tenure of service that is also eligible to serve as Chair (will not have served more than once as chair in past seven years) was Commissioner Davidson and she was elected to be Vice Chair for 2017. The rules also state that if a Commissioner is not interested in serving as an officer and there is limited tenure among the other Commissioners, then a Commissioner can be appointed as an officer more than once in seven years. Current Vacancy in Chair: In June of 2017, Commissioner Belletto's four (4) year term on the Commission was set to expire. The City Council conducted interviews and did not re -appoint Mr. Belletto. Therefore, as of July 1 s`, the role of Chair is vacant. Section 1.13.1.d of the Planning Commission's Rules and Procedures addresses this situation, where there is a vacancy in the role of Chair. The Rules state: The Vire-Chair shall succeed the Chair if helshe vacates the office, and shall serve the un- expired term of the Chair. The Commission shall elect a new Vice -Chair to serve the un -expired term of that office. Selection shall be based on seniority Therefore, based on the Rules and Procedures, current Vice Chair, Commissioner Davidson, is next in line to assume the role of Chair. For Vice Chair, the rules state that the Commission is to elect a new Vice Chair to serve the unexpired term and that selection is to be based on seniority. The rules do not specify that the seniority has the same limitation as the annual election (most senior tenure who has not served as an officer in the past 7 years). The rules simply state that selection shall be based on seniority. Using this criteria, the most senior Commissioner would be Commissioner Paul. Therefore, staff recommends that Commission Davidson be elected as the Chair for the remaining term of 2017 and Commission Paul be elected as Vice Chair for remaining term of 2017. OPTIONS Regarding the elections, the Planning Commission has the following options: Elect Commissioner Davidson as Chair and Commissioner Paul as Vice chair for remainder of 2017 (staff recommendation). 2. If one of the members is not agreeable to serve as an officer, the Commission may elect another Commissioner to serve as an officer. EXHIBITS 1. Table Listing Planning Commissioners, Tenure and Chairpersonship 2. Current Planning Commission "Rules and Procedures," adopted January 27, 2009 W. lPlanninglPLANNING COMMISSIONIRules and Procedures12017 Review (P16-011)IPC Report - Elect New Chair and Vice Chair 07.25.17. doc EXHIBIT 1 San Rafael Planning Commission History of Tenure and Chairpersonship Commissioner First Appointed to Commission Years Served as Chairperson Years Served as Vice Chair Mark Lubamersky 10/2012 Chair 2016 Vice Chair 2015 Larry Paul 7%2002 Chair 2005 Chair 2013 Vice Chair 2004 Vice Chair 2012 Berenice Davidson 6/2015 None Vice Chair 2017 (part) Jack Robertson 7/2011 Chair 2014 Vice Chair 2013 Barrett Schaefer 8/2012 Chair 2015 Vice Chair 2014 Sarah Loughran 11/2016 None None Jeff Schoppert 7/2017 None None W:\Planning\PLANNING COMMISSION\Rules and Procedures\2017 Review (P16-011)\Mid year election of officers - 07.25.17\PC Tenure and chairpersonship Table_07.25.17.doc PLANNING COMMISSION RULES AND PROCEDURES CITY OF SAN RAFAEL Revisions, Adopted at Annual Planning Commission Meeting of January 27, 2009 I. Organization and Officers A. Organization 1. The Planning Commission shall consist of seven regular members appointed by the Mayor with the approval of the City Council and shall be organized and exercise such powers as prescribed by the City Charter and by the San Rafael Municipal Code (City (-'ode). 2. The term of the Commission members is four years with a staggered expiration schedule. 3. Vacancies on the Commission for other than expiration will be filled by appointment for the un -expired portion of the term. 4. If any Commissioner should have three consecutive, unexplained absences from regular meetings of the Planning Commission as shown in the roll call of the official minutes, the Chair may recommend to the City Council that the seat 'be relinquished. 5. If any Commissioner wishes to request a leave of absence for three to six consecutive meetings, the request shall be made to and approved by the Chair. A request for a leave of absence for more than six consecutive meetings shall be made to and approved by the City Council. B. Officers 1. Selection a. A Chair and Vice -Chair shall be elected from among the Commission's membership at the Annual Meeting held the first meeting of the calendar year, to serve for a one year period. It is intended that the Chair and Vice -Chair be rotated among the Commissioners based on tenure, as defined by total years of service. In the event the years of service are identical, tenure will be determined in alphabetical order. It is the general rule that a Commissioner shall not serve as Chair more than once in seven consecutive years. However, in the event that: 1) a position is vacated; 2) a Commissioner is not interested in serving as an officer; or 3) there is limited tenure among the other Commissioners, then a Commissioner can be appointed as an officer more than once in seven years. b. The Vice -Chair shall serve as Chair in the following year. c. The Chair and Vice -Chair may not succeed themselves. However, in the event that the current Chair or Vice -Chair has served less than a year, the Commission may choose to re-elect her/him for an additional term. d. The Vice -Chair shall succeed the Chair if he/she vacates the office, and shall serve the un -expired term of the Chair. The Commission shall elect a new Vice -Chair to serve the un -expired term of that office. Selection shall be based on seniority. e. In the absence of the Chair and Vice -Chair, the member of the Commission with the longest tenure, as defined by total years of service, shall preside over the meeting. In the event that the years of service are identical, seniority will be determined by alphabetical order. 2. Responsibilities The responsibilities and powers of the officers of the Planning Commission shall be as follows: a. Chair - Preside at all meetings of the Commission. - Call special meetings of the Commission in accordance with legal requirements and the Rules. of Procedure. - Sign documents of the Commission. - See that all actions of the Commission are properly taken. - Assist staff in determining agenda items. - The Chair shall be an ex officio member of all committees with voice but not vote. b. Vice -Chair During the absence, disability or disqualification of the Chair, the Vice -Chair shall exercise or perform all the duties and be subject to all the responsibilities of the Chair. C. Duties and Powers 1. The Planning Commission shall have the power to recommend to the City Council, after conducting a public hearing, the adoption, the amendment or the repeal of a General Plan, a Neighborhood or Specific Plan, the Zoning Ordinance of the City Code, or a site-specific master plan for a Planned Development (PD) District, or any part thereof, for the physical development of the City. 2. The Planning Commission shall exercise such functions with respect to environmental review, land subdivisions, land use and planning, design review, and zoning, as may be prescribed by City Code, City resolution, and State law. 3. The Commission shall advise the City Council on those matters falling within its charged responsibilities in a manner reflecting concern for the overall development and environment of the City as a setting for human activities. D. Rules of Order Except as otherwise provided in these Rules of Procedure, "Roberts Rules of Order, Newly Revised" shall be used as a guide to the conduct of the meetings of the 2 Planning Commission, provided, however, that a failure of the Commission to conform to said rules of order shall not, in any instance, be deemed to invalidate the action taken. II. Meetings A. Public Meetings All meetings shall be held in full compliance with the provisions of state law, ordinances of the City and these Rules of Procedure. B. Regular Meetings 1. Regular meetings shall be held on the second and fourth Tuesdays following the first Monday in each month, at 7:00 p.m. in the Council Chambers of the City Hall, unless otherwise determined by the Commission. All regular meetings must be held within the city limits of San Rafael. 2. Whenever a regular meeting falls on a public holiday, no regular meeting shall be held on that day. Such regular meeting may be rescheduled to another business day, or canceled by motion adopted by the Planning Commission. All meetings must be held within the city limits of San Rafael. 3. A meeting of the Commission may be canceled by the Chair for lack of a quorum, no pending business, or any other valid reason. Such cancellation may be made at any time prior to the scheduled meeting. All efforts shall be made by the Community Development Department staff to notify those involved at the earliest possible time. Prior to the scheduled meeting, the Community Development staff shall post a cancellation notice on the City of San Rafael public hearing board, the City website and at the prescribed location of the meeting. C. Adjourned Meetings In the event it is the wish of the Planning Commission to adjourn its meeting to a certain hour on another day, a specified date, time, and place must be set by a majority vote of the Commissioners present, prior to the regular motion to adjourn. D. Special Meetings Special meetings of the Planning Commission may be held at any time upon the call of the Chair or by a majority of the voting members of the Commission or upon request of the City Council following at least 24 hours notice to each member of the Commission and to the press. The time and place of the special meeting shall be determined by the .convening authority. At least 24 hours prior to the scheduled special meeting, the Community Development staff shall post a notice of the meeting on the City of San Rafael public hearing board, the City website and at the prescribed location of the meeting. E. Annual Meeting The Annual Meeting of the Planning Commission will be held at the first meeting of the calendar year. The meeting will be devoted to- the election of a Chair and Vice -Chair for the ensuing year and any other business scheduled by the Commission. F. Study Sessions/Workshops 1, The Commission may be convened as a whole or as a committee of the whole in the same manner as prescribed for the calling of a special meeting for the purpose of holding a study session, provided that no official action shall be taken and no quorum shall be required. 2. Such meetings shall be open to the public. G. Notification Public Hearings and Discussion Items'- Notice of the time, place/ items to be considered and action pending shall be given in accordance with the requirements of the City Code and State Law. H. Agenda 1. An agenda for each meeting of the Commission shall be prepared by the Community Development Director or staff in consultation with the Chair. 2. A staff report . shall be prepared for each item and -distributed to the Planning Commission and made available to the public a minimum of 72 hours prior to a regular meeting. 3. A copy of the agenda shall be posted in City Hall 72 hours before a regular meeting. 4. Items not appearing on the agenda cannot be acted upon or discussed by the Commission. However, the Commission may take action under the following circumstances: a. If the Commission finds, by majority vote, that an emergency situation must be addressed. An "emergency situation" is limited to work stoppages and crippling disasters; b. If by a two-thirds vote (or a unanimous vote if two-thirds of the members are not present), there is a need to take immediate action and the need for action came to the attention of the Commission and staff after the agenda was posted. Prior to discussing such items, the Commission shall publicly identify the item and shall provide the public an opportunity to provide comment on the item. 5. Members of the public may address the Commission on any agenda item, and may, at the beginning of the meeting, address the Commission on any issue that is not listed on the agenda, provided that the issue is within the jurisdiction and powers of the Planning Commission. 11 I. Order of Meetings 1. The Order of business shall be as follows: a. The Chair shall take the chair at the hour appointed for the meeting and shall immediately call the meeting to order. b. The Chair shall lead a pledge of allegiance. c. Members present and absent shall be recorded. d. The order of the agenda shall be approved as submitted or revised by a majority vote of the Commissioners present. e. The public shall be advised of the procedures to be followed in the meeting including the protocol and time frames for public comment. f Any member of the audience may comment on any matter which is not listed on the agenda. g. The minutes of any preceding meeting shall be submitted for review and approval by a majority vote of the Commissioners present at that preceding meeting. h. The Commission shall then hear and act upon those proposals scheduled for consideration or public hearing. i. Director's Report. j. Commission Communications. k. Adjournment. 2. Presentation or Hearing of Proposals The following shall be the order of procedure for hearings/discussion items concerning planning and zoning matters: a. The Chair shall announce the subject of the public hearing/discussion item, as noticed. b. If a request is made for continuance, a motion may be made and voted upon to continue the public hearing to a definite time and date (noticing not required) or a time and date to be determined (re -noticing required). c. Order of Speaking. The order of speaking shall be as follows: 1. Staff provides a report on the project and summarizes its compliance with San Rafael's General Plan; compliance with State laws and the City Code, the status of environmental review, and the staff recommendation for action(s) by the Commission. 2. The public hearing is opened. 3. The applicant makes a presentation to the Commission. 4. The public speaks to the Commission. 5. The Commission obtains final facts or clarification from staff, the applicant or the public. 5 6. The public hearing is closed. 7. The matter is returned to the Commission for discussion and action. d. Rules of Testimony The rules of testimony shall be as follows: 1. Upon opening the public hearing, the Chair shall invite the public to speak by inviting each speaker (one -at -a -time) to approach the podium. On large or controversial projects where many people wish to provide public testimony, the Chair may request that speaker cards be filled -out and submitted. 2. Persons presenting testimony to the Commission are requested to identify themselves by name and place of residence. 3. Persons presenting testimony to the Commission shall be limited to three (3) minutes for their presentation. An extension of this time limit may be granted at the Chair's discretion. 4. If there are numerous people in the audience who wish to participate on the issue and it is known that all represent the same opinion, a spokesperson should be selected to speak for the entire group. At the Chair's discretion, the spokesperson may be granted additional time beyond the three (3) minute limit for his or her presentation. 5. To avoid unnecessary repetitive evidence, the Chair may limit the number of speakers or the time on a particular issue. 6. Irrelevant, defamatory, or disruptive comments will be ruled out of order. 7. No person shall address the Commission without first securing the permission of the Chair. 8. All comments shall be addressed to the Commission. All questions shall be made or directed through the Chair. e. Applicant. Presentations Applicant presentations shall comply with the guidelines developed by the Planning Commission. Applicants shall be limited to a maximum of ten (10) minutes for their presentation, inclusive of all members of the applicant's team (if applicable). An extension of this time limit may be granted at the Chair's discretion. J. Motions 1. A motion to adjourn shall always be in order except during roll call. 2. The Chair of the Commission, or other presiding officer, may make and second motions and debate from the Chair subject only to such limitations of debate as are imposed on all members of the Commission. K. Voting 1. Voting Requirements a. A quorum shall consist of four members. 3 b. The affirmative vote of a majority of the quorum present is necessary for the Commission to take action on all matters other than those listed under Section c below. c. Certain votes of the Commission require a majority vote of the entire Commission (4 votes) to carry. These are: ■ Adoption or amendment of a General Plan or any part thereof. ■ Adoption or amendment to any Neighborhood or Specific Plan or any part thereof. ■ Adoption or amendment to the Zoning Ordinance of the City Code or amendment thereto. ■ Adoption or amendment to a site-specific master plan for a Planned Development (PD) District. ■ Other actions as required under federal or state law. (These will be dealt with as they arise.) d. When a member of the Commission abstains from voting on any matter before it because of a potential conflict of interest, because the Commissioner does not believe he/she can be objective, or because the Commissioner was absent at any previous hearing on an item, said vote shall not constitute nor be considered as either a vote in favor of or opposition to the matter being considered. Abstentions shall 'not be allowed for any other reason. e. A tie vote shall be recorded as a failure of action to pass. A tie vote on a motion defeats the motion. 2. Roll Call Vote Any Commissioner, the applicant or an appellant can request a roll call vote. 3. Recording of Votes The minutes of the ,Commission's proceedings shall show the vote of each member, including whether they were absent, abstained from voting, or failed to vote on a matter considered. 4. Disqualification from Voting A member shall disqualify himself/herself from voting in accordance with the State Political Reform Act and other applicable state law. When a member is disqualified, he/she shall state, prior to the considerations of such matter by the Commission that the member is disqualifying himself/herself due to a possible conflict of interest and shall then leave the voting area, III. Review and Amendments Procedure A. These Rules of Procedure shall be reviewed at the Annual Meeting of each year. On an ad hoc basis, the chair may appoint a subcommittee to review these rules prior to the meeting. The review subcommittee shall present their recommendations for VA amending or not amending these rules. Minor changes may be brought forward by staff for the Commission's consideration. B. In addition, these Rules of Procedure may be amended at any meeting of the Planning Commission by a majority of the membership of the Commission provided that notice of the proposed amendment is received by each Commissioner not less than 5 days prior to said meeting. (Approved May 9, 2000. Revised February 26, 2002, December 14, 2004, May 29, 2007, January 27, 2009) R:\Comm Development- Resource\Planning\Planning Commission\Rules and Procedures\2009 Review\PC Rules and Procedures - Adopted Revisions 1-27-09.doc