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HomeMy WebLinkAboutPlanning Commission 2017-09-12 Agenda PacketAGENDA SAN RAFAEL PLANNING COMMISSION REGULAR MEETING TUESDAY, September 12,2017, 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE SAN RAFAEL, CALIFORNIA Sign interpreters and assistive listening devices may be requested by calling 415/485-3085 (voice) or 415/ 485-3198 (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 products. 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 PRESENT.APPEAL 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. 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 1.Minutes 7/27/17 PUBLIC HEARINGS 2.General Plan 2040 –Presentation on upcoming General 2040 and selection of Planning Commissioner representative and alternate to General Plan Steering Committee. Project Planner: Barry Miller 3.Second Dwelling Unit/Accessory Dwelling Units –Study Session regarding options in the revision of the City’s Accessory (Second) Dwelling Unit Ordinance; Citywide, City of San Rafael, applicant, Case File (s): P17-009/ZO17-002. Project Planner: Raffi Boloyan DISCUSSION ITEMS OTHER BUSINESS . DIRECTOR’S REPORT COMMISSION COMMUNICATION ADJOURNMENT I.Next Meeting: September 26,2017 II.I, Anne Derrick, hereby certify that on Friday, September 8,2017,I posted a notice of the September 12,2017 Planning Commission meeting on the City of San Rafael Agenda Board. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, July 27, 2017 Regular Meeting San Rafael Planning Commission Minutes For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings CALL TO ORDER PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT Present: Larry Paul Jack Robertson Berenice Davidson Jeff Schoppert Mark Lubamersky Absent: Barrett Schaefer Sarah Loughran Also Present: Raffi Boloyan, Planning Manager Steve Stafford, Senior Planner M Group consultants APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION CONSENT CALENDAR 1. Minutes July 11, 2017 Mark Lubamersky moved and Larry Paul seconded to approve Minutes as presented. The vote is as follows: AYES: Larry Paul, Jack Robertson, Berenice Davidson, Jeff Schoppert, Mark Lubamersky NOES: None ABSTAIN: None ABSENT: Barrett Schaefer, Sarah Loughran 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 Staff Report The Planning Commission gave its comments on the project. There was no motion/vote as this was a Conceptual Review item. 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): P17-009/ZO17-002. Project Planner: Raffi Boloyan Staff Report Jeff Schoppert moved and Jack Robertson seconded to continue item to date uncertain. The vote is as follows: AYES: Larry Paul, Jack Robertson, Berenice Davidson, Jeff Schoppert, Mark Lubamersky NOES: None ABSTAIN: None ABSENT: Barrett Schaefer, Sarah Loughran OTHER BUSINESS 4. Election of new Officers (Chair and Vice Chair) due to recent vacancy. Staff Report Jeff Schoppert moved and Jack Robertson seconded to elect Berenice Davidson as Chair and Larry Paul as Vice-Chair. The vote is as follows: AYES: Larry Paul, Jack Robertson, Berenice Davidson, Jeff Schoppert, Mark Lubamersky NOES: None ABSTAIN: None ABSENT: Barrett Schaefer, Sarah Loughran DIRECTOR’S REPORT COMMISSION COMMUNICATION ADJOURNMENT ___________________________________ ANNE DERRICK, Administrative Assistant III APPROVED THIS_____DAY____OF_______, 2017 _____________________________________ Berenice, Acting Chair Community Development Department – Planning Division Meeting Date: September 12, 2017 Agenda Item: Case Numbers: P17-007 Project Planner: Barry Miller – (415) 485-3432 REPORT TO PLANNING COMMISSION SUBJECT: General Plan 2040 – Presentation on upcoming General 2040 and selection of Planning Commission representative and alternate to General Plan Steering Committee The City recently hired Barry Miller as Project Manager to manage the General Plan 2040 update process. On September 12, 2017, Mr Miller, will be making a brief presentation to the Planning Commission (PC) to request that the Commission select a member (and alternate) to serve on the General Plan 2040 Steering Committee. Chair Davidson has been contacted via email, and has confirmed receipt of this request. The San Rafael City Council approved a preliminary work program for the General Plan Update in February 2017. The work program included creation of a 21-member Steering Committee, including representatives of City Boards and Commissions as well as stakeholder groups and the community at large. The PC was specifically listed as one of the Boards to be repre sented. In addition to nominating one of its members, we are asking the PC to identify an alternate who can attend meetings in the event the primary member is absent or unable to serve for the duration of the process. The Steering Committee will be formally appointed by the City Council in November 2017. Meetings are expected to begin in January 2018 and continue through the end of 2019. Meetings will be held on the second Wednesday of the month from 6 to 9 PM. Committee members will be expected to review agenda packets prior to the meeting, and attend and participate in discussions at the meetings. Agenda packets would typically contain background information on existing conditions, proposed policies and actions, “best practice” examples, and Draft Plan chapters. Meeting discussions will cover long-range planning issues related to land use, transportation, housing, urban design, resource management, and similar topics. Staff will provide a short overview of the expectations for the Committee at the September 12th meeting, and ask that the Chair request nominees from the PC at that time (the Chair may also self-nominate). The PC will be asked to vote on their nominee/ altern ate at that time. Community Development Department – Planning Division Meeting Date: September 12, 2017 Agenda Item: Case Numbers: P17-009/ZO17-002 Project Planner: Raffi Boloyan (415) 485-3095 REPORT TO PLANNING COMMISSION SUBJECT: Second Dwelling Unit/Accessory Dwelling Units – Study Session regarding options in the revision of the City’s Accessory (Second) Dwelling Unit Ordinance; Citywide, City of San Rafael, applicant, Case File(s): P17-009/ZO17-002. EXECUTIVE SUMMARY Staff is seeking direction from the Planning Commission on changes to the ADU ordinance in those areas where the City has discretion under State Law. In adopting a local ADU ordinance, some provisions in State Law are mandatory while others leave room for discretion by the local agency. The Commission reviewed this item at their July 25, 2017 meeting and provided some preliminary feedback. The main comments were to 1) allow more time for the Commission to review the materials, and 2) develop a few potential regulatory schemes for review. Staff has identified those areas that allow for discretion and categorized possible options under three different approaches, entitled: State Law Standard Option, San Rafael Standard Option, and Selected Standard Option. This informational item is a presentation of options to consider in updating ADU ordinance provisions for feedback and direction from the Commission to be incorporated into a subsequent Ordinance update. RECOMMENDATION This is the second informational report that will be followed by public outreach efforts. 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 guide the ADU ordinance update; and, 3. Accept report. BACKGROUND On July 25, 2017, Staff presented an initial informational report on necessary changes to the City’s Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) regulations to comply with recent State mandates.  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 as part of the single-family use. REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 2 The City of San Rafael regulates the development of ADUs through section 14.16.285 and JADUs through section 14.16.286 of the San Rafael Municipal Code. When the State Accessory Dwelling Unit law (SB 1069 and AB 2299) took effect on January 1, 2017, new statewide regulations and permitting requirements were established for accessory dwelling units under California Government Code 65852.2 (Attachment 1). 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 (Attachment 2). For the purposes of this report, the term “State Law” refers to Government Code 65852.2 and 65852.22. Cities may either evaluate applications for ADUs under the provisions established in State Law or under a local ADU ordinance that complies with all requirements under State Law. The City’s former ADU ordinance does not comply with all provisions of State Law. As such, the City has been applying provisions under State Law in the review of ADU applications until an updated and compliant ordinance is adopted. Much of the former San Rafael ADU ordinance can be maintained with minor revisions and other required additions pursuant to State Law can be integrated, however a few areas warrant additional consideration. For the purpose of this report, the term “Former ADU Ordinance” refers to the San Rafael ADU ordinance that was in effect before State Law became effective. The City has limited discretion regarding the following items:  Development Standards: Parking (under certain parameters in State Law), height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards on properties listed in the California Register of Historic Places.  Designating Areas: The City may designate geographic areas where ADUs are or are not permitted, but ADUs within existing structures of single family zones must be permitted. The designation of areas may be based on adequacy of water and sewer, traffic flow impact, or other public safety impact. 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.  Discretionary Review: State Law largely focuses on establishing a streamlined ministerial path to facilitate approval of new ADUs. The requirement under State Law requires that ADU applications are approved ministerially if all applicable criteria are met and without a requirement for public notice or hearing. As State Law does not specify how exceptions to standards may be considered and how discretionary review may be established, the City may consider continuing to provide a use permit process to review ADUs requesting exceptions from certain standards established in the ADU ordinance.  Parking Exception: The most recently adopted State Law establishes a series of exceptions from on-site parking requirements associated with ADUs. These exceptions include areas within a half mile of “public transit”. However, State Law does not offer a clear definition of “Public Transit”, providing an opportunity for the City to evaluate how to define public transit in the local ordinance in an effort to avoid impacts to public safety and traffic flow while still meeting the mandates of State Law. Staff reviewed San Rafael’s existing ADU ordinance to determine where the City has discretion on updates. At the July 25, 2017 Planning Commission Study Session, Staff highlighted some topic areas for consideration to ensure that subsequent ordinance amendments were consistent with the policy direction from Planning Commission. The Planning Commission provided general comments on overall approach to local ADU regulations under the following general options for consideration: REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 3 1. Use State Law and adopt a local ADU ordinance or make adjustments at a later time as needed, if issues arise. 2. Adopt a local ADU ordinance using State Law as the basis and supplementing it with any necessary additional provisions to provide clear ADU requirements. 3. Adopt a local ADU ordinance using the Former ADU Ordinance as the basis, making required changes to adopt a compliant local ADU ordinance. 4. Adopt a hybrid local ADU ordinance that does not necessarily have to lean towards a State standard or former San Rafael Standard Option. Instead, standards can be chosen from either or from other recommended standards. Planning Commission also provided suggestions on areas for staff to explore and to return with additional information for Commission consideration. These topic areas included potential health and safety issues associated with geographic location of ADUs. Planning Commission directed Staff to gather data on road width that the City has on record and illustrate locations on maps with narrow road widths on maps. Additionally, Planning Commission recommended that Staff consult with the Fire Department on potential areas where construction of ADUs may create health and safety issues, in particular areas where roadway access may be an issue. Staff created maps showing the location of narrow roads based on road width data, and checked with the Fire Department on concerns for ADU development in San Rafael. ANALYSIS The two general approaches to implementing ADU regulations used by California cities are either to use State Law, as written, or to adopt a local ADU ordinance that complies with State Law but includes individualized regulations specific to the jurisdiction within the allowance provided by the State statute. Using State Law would not require adoption of a new ordinance; ADUs may be regulated only under the provisions written in State Law. Adopting a local ADU ordinance allows for greater local discretion in establishing certain development and design standards (those allowed by State law to be modified). Establishing a local ADU ordinance would require revisions to San Rafael’s Former ADU Ordinance, as it is not currently in compliance. In response to the Planning Commission’s comments, Staff, in collaboration with the consultant group, have considered three options for drafting a formal zoning code amendment for consideration and ultimate adoption. All three of the following options include all required changes that are mandated by State Law. The three options are:  State Law Standard Option. This approach leans towards closely applying the language and standards provided by under State Law.  San Rafael Standard Option. This approach retains the existing San Rafael ADU ordinance language to the maximum extent possible while making the minimum changes required to comply with State Law.  Selected Standard Option. This approach is a hybrid that contains language pulled from the State Law Standard Option and the San Rafael Standard Option based on Staff recommendations. This option also contains certain provisions that are not in the other options. A comparison table of these three options is included (Attachment 3). The Former ADU Ordinance is shown along with the proposed changes to the provisions under each of the three approaches. The column identified as “Required Changes” tracks changes that must be made to track with State Law. REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 4 The column identified as “Options” outlines those areas that State Law allows discretion for the local jurisdiction to tailor their ADU ordinance. Key areas are highlighted in the following. Key Areas 1. Unit Size: The City has discretion over unit size based on State Law and guidance from the Department of Housing and Community Development (HCD). The City may adopt the standard sizes under State Law, maintain the existing unit size standard within San Rafael Former ADU Ordinance, or adopt a new maximum size threshold better suited to San Rafael and under the maximum provided by State Law. Options:  State Law Standard Option: o Attached ADU: 50% of existing residence, up to 1,200 sf o Detached ADU: 1,200 sf  San Rafael Standard Option o Attached or Detached: 40% of existing residence, up to 800 sf o Use permit allows up to 1,000 sf  Selected Standard Option o Same as San Rafael Standard Option or State Law Standard Option; or propose other option. 2. Setbacks: Attached and detached ADUs can be subject to setback requirements. Under the Former ADU Ordinance, attached ADUs were required to comply with setbacks applicable to the principal residence and detached ADUs were required to comply with setbacks applicable to accessory buildings. These development standards may be preserved but other additional setback requirements are required by State Law and need to be included regardless of the approach chosen by San Rafael. Under the existing ADU ordinance, ADU’s located within a detached accessory structures are allowed to be sited in conformance with the required setbacks for the primary structure. However, the former Ordinance has a provision that allows a detached ADU to be placed within the required setback, through review and approval of a Use Permit. State Law does not provide specifics on discretionary review processes, however, this existing Use Permit provision may be continued in the revised ordinance. Required Changes:  ADUs within existing structures shall not be subject to setback requirements, except side and rear setbacks shall be sufficient for fire safety  A setback of no more than five feet from side and rear property lines shall be required for an ADU constructed over a garage. Options:  State Law Standard Option o Maintain requirements for compliance with existing setbacks for principal and accessory structures. o No use permit provision for exceptions. State Law does not provide specifics on use permit requirements for setback exceptions.  San Rafael Standard Option REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 5 o Maintain requirements for compliance with existing setbacks for principal and accessory structures. o Units within side or rear setback areas require a use permit by Planning Commission.  Selected Standard Option o Maintain requirements for compliance with existing setbacks for principal and accessory structures. o Setback exceptions are subject to approval of a use permit under the use permit subsection of the ADU ordinance. (This standard differs from the “San Rafael Standard Option” in that the “Selected Standard Option” adds a use permit subsection within the ADU ordinance itself that this provision can refer to). 3. Use Permits: ADU permits must be approved ministerially if they meet established development standards, however ADUs requesting exceptions from the established development standards may be permitted with discretionary approval, such as the issuance of a Use Permit. The City’s Former ADU Ordinance allowed for exceptions through a Use Permit. The Use Permit process may continue to be used to allow consideration of exceptions from the baseline development standards in the City’s ADU ordinance. Options:  State Law Standard Option o State Law does not provide specifics on establishing a discretionary review process.  San Rafael Standard Option o Use Permit would provide for the following exceptions:  ADUs that are 800 to 1,000 sf  Detached ADUs over 15 feet tall within primary residence setback  Detached ADUs within accessory buildings setback  ADUs consisting of a greater than 500 sf upper story addition to residence  ADUs above accessory structure  Attached or detached ADUs on lot with slope greater than 25%  New ADU that necessitates a new or modified curb cut for access  New ADU on lot accessed from road less than 26 feet wide  Selected Standard Option o Same as San Rafael Standard Option or State Law Standard Option; or propose other option Additional Consideration: Use Permits for development standard exceptions that are established in the existing ADU ordinance are reviewed by Planning Commission. The Planning Commission may wish to consider if ADU exceptions are minor in scope and nature and appropriate for approval at the Zoning Administrator level. 4. Parking Spaces Required: Off street parking may be required for ADUs. State Law provides parking standards, and the Former ADU Ordinance complies with this standard. Some additional requirements need to be incorporated into the new ADU ordinance. Required Changes:  Permit off-street parking in setbacks or tandem parking unless findings are made that it is not feasible. REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 6  Replacement parking may be required in any configuration for any covered parking space that is demolished/removed, ie replacing parking from conversion of a garage to an ADU. Options:  State Law Standard Option o Parking Required: One space per bedroom (alternative: one space per unit)  San Rafael Standard Option o Parking Required:  One space for studio and one bedroom unit  Two space for two or more bedroom unit o Use existing curb cuts  Use permit required for modification  Selected Standard Option o Alternative 1. No parking required o Alternative 2. Same as San Rafael Standard Option or State Law Standard Option o Alternative 3. Propose other option 5. Parking Exceptions: New parking exceptions have been introduced through State Law. Parking cannot be required for ADUs that meet any of the criteria under the “Required Changes” list below. Required Changes: Onsite parking is not required if a site is:  Within one-half mile of public transit,  Within an architecturally and historically significant historic district,  Where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit  Within one block of a car share vehicle space, or  Where the ADU is created within an existing primary residence or existing accessory structure Several of the exceptions under State Law are not applicable in San Rafael. San Rafael does not currently have a designated historic district in residential neighborhoods or with existing single- family dwellings that would otherwise allow ADUs. San Rafael does not have an adopted residential parking permit program. There are Zipcar car share vehicle spaces in a lot on 2nd Street and B Street and at Whistlestop, but there are no car share spaces within any residential area within the city. The primary parking exception that is identified in State Law that has potential impacts is San Rafael is if an ADU is within a half mile of public transit. The definition of “public transit” is not included in State Law and therefore leaves some discretion for the local jurisdiction. The Department of Housing and Community Development (HCD) provided guidance in their December 2016, Accessory Dwelling Unit Memorandum (Attachment 4). “Public transit” may include a bus stop, train station and paratransit if appropriate for the applicant, and “Public transit” includes areas where transit is available and can be considered regardless of tighter headways (e.g., 15 minute intervals). In regards to types of bus stops, email correspondence with HCD indicated that “there is a bit of discretion on the frequency but would encourage a generous approach instead of tight headways like every 15 minutes.” Although the direction provided by HCD offers some guidance, it does not provide a definitive definition of “Public Transit” for the purposes of adopting a local ADU REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 7 ordinance. It is recommended that the City consider a definition that both limits negative impacts to the city related to traffic flow and public safety but also remains supportive and facilitates development of ADUs. To assist in this discussion, staff and consultant have prepared a series of graphics that show the impact of different definitions of public transit. Attachment 5 shows a half-mile radius around each bus stop, transfer station, and SMART rail station. Attachment 6 shows a half-mile radius around bus stops with headways of 30 minutes or less, transfer station, and SMART stations. Attachment 7 shows a half-mile radius around the SMART stations – the transfer station is around the Downtown SMART station. Options:  State Law Standard Option o “Public Transit”, without providing a specific definition.  The most conservative interpretation would be to include all bus stops, train stations and paratransit regardless of headway. This provides the broadest area of parking exceptions.  San Rafael Standard Option o Refer to “State Law Standard Option” or “Selected Standard Emphasis.” San Rafael does not have a specific definition of “Public Transit” that relates to ADU requirements.  Selected Standard Emphasis o Alternative 1: “Public Transit” is defined as all bus stops, transfer stations, and rail stations (Attachment 5). o Alternative 2: “Public Transit” is defined as bus stops where headways are 30 minutes or less, transfer stations, and rail stations (Attachment 6). o Alternative 3: “Public Transit” is defined as transfer stations and rail stations (Attachment 7). 6. Architectural Compatibility and Discretionary Review The Former ADU Ordinance contained provisions establishing that certain ADUs are subject to issuance of an Environmental and Design Review Permit. The projects that required an Environmental and Design Review P\permit for an ADU included an upper story addition greater than 500 square feet to an existing residence, an ADU above the ground floor of an accessory structure, and new construction or exterior modification of buildings on slopes greater than 25 percent. Based on State Law, only ADU applications requesting exceptions from standards can be required to undergo discretionary review, since ADUs that meet standards must be approved ministerially under State Law. As such, the previous provisions in San Rafael’s ordinance have been rephrased. The revised language sets up clear ministerial standards based on the previous provisions and establishes a process for consideration of exceptions to standards through discretionary review permits. Required Changes:  Establish ADU criteria for ministerial approvals o Former Language (criteria requiring Environmental and Design Review)  Upper story additions over 500 square feet  ADUs above ground floor in separate or accessory structures  Modification or construction on lots with slope greater than 25 percent o Revised (standards for ministerial approval)  Upper story additions shall be 500 square feet or less  ADUs shall not be located above the ground floor in an accessory structure REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 8  Modification or construction on lots with slope 25 percent or less The process for discretionary review of exceptions from standards can either be codified as the Environmental and Design Review process and called for in the current ordinance, or as a Use Permit. Options:  State Law Standard Option o State Law does not provide specifics on establishing a discretionary review process.  San Rafael Standard Option o Maintain environmental and design review permit to grant exceptions for applicable units (upper story additions over 500 square feet and ADUs above the ground floor) and delete requirements that would not be consistent with State Law (ADUs in accessory structures within side or rear setbacks).  The benefit of this option is that it does not change existing permit procedures. The downside is that some exceptions to standards in the ADU ordinance are evaluated through use permits while others are evaluated through environmental and design review permits.  Selected Standard Option o Establish use permits in place of environmental and design review permit to grant exceptions for applicable units (upper story additions over 500 square feet and ADUs above the ground floor) and delete requirements that would not be consistent with State Law (ADUs in accessory structures within side or rear setbacks).  The benefit of this option is to establish all exceptions from standards in the ADU ordinance under one permit type: the use permit. The downside is that this is a change from the current permit type requirements. 7. Road Width and Discretionary Review: State Law allows local agencies to designate geographical areas where ADUs are allowed and restrict ADUs from other specific areas based on potential health and safety impacts, including adequacy of water and sewer service and traffic flow impact. Alternatively, the ordinance may provide for discretionary review of ADUs in these areas (i.e., through a use permit). Consideration should be given to whether traffic flow impacts may result from how “Public Transit” is defined since the specific definition would determine the areas of parking exception. Where parking is no longer required on a property due to the parking exception, it should be considered whether there still may be a demand for parking that would occur on-street instead and whether this parking can create substantial traffic flow or safety impacts on narrow roads. Areas with narrow roads include hillside residential areas, such as the ones above Lincoln Ave, Gerstle Park, and West End. A map has been prepared to show areas with narrow road widths; roads that are less than 26 feet in width were used as the standard for defining narrow roads (Attachment 8). There is discretion on whether road widths should be considered in ADU regulations. State Law and the Former ADU Ordinance did not establish requirements related to road width. Planning Commission may consider whether traffic flow impacts and on-street parking in areas of narrow road widths should be addressed through standards in the ADU ordinance, or whether there are other ways to address these concerns. REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 9 Establishing a road width standard within the ADU ordinance can allow for additional discretionary review to be conducted for projects requesting exemptions from the standard. An example would be establishing a road width standard of 26 feet, and the 26 foot road width minimum would serve as a standard that must be met for ministerial approval of an ADU – road width less than 26 feet would require discretionary review. The standard of 26 feet has been used by the City in other regulations. Discussions with the Fire Department indicated that a lower minimum standard of 20 feet may be an appropriate if desired; and projects where road widths are less than 20 feet but more than 13 feet could be considered under further assessment or discretionary review. A road width standard does not need to be established, and other alternatives may be considered to address any road width concerns. An example would be considering “no parking” signs and enforcement of “no parking” regulations in areas with narrow road widths. As this is not a development standard, it is outside the scope of the ADU ordinance update but provides an example alternative to establishing a codified requirement in the ADU ordinance. Options:  State Law Standard Option o None  San Rafael Standard Option o None  Selected Standard Option o Alternative 1: ADU must be on a lot with access from a road 26 foot or greater in width. A use permit can grant an exception where roads are less than 26 feet. o Alternative 2: Same as Alternative 1 above, but limited to certain geographic areas. o Alternative 3: No standard o Alternative 4: Other proposed option 8. Parking for JADUs. Under State Law, additional parking cannot be required for JADUs, but cities may set regulations for single-family residences containing JADUs as long as they apply uniformly to all single-family residences. 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 ultimately adopted he requirement that the main house have two code compliant covered spaces. City staff was tasked with monitoring JADU creation and providing a report back to the Commission and Council for further review and potential elimination of that requirement. The language of the Former ADU Ordinance can be maintained, however parking requirements may be further relaxed to encourage JADU development following example language provided in the HCD ADU Memorandum, December 2016, shown in Alternative 2 below. Options:  Alternative 1 (maintain Former ADU Ordinance language): “The main single-family dwelling must meet the current off-street parking standard in effect at the time the junior second unit is approved.”  Alternative 2: “No additional parking is required beyond that required when the existing primary dwelling was constructed.” REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 10 ENVIRONMENTAL DETERMINATION Given that 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. NEIGHBORHOOD MEETING / CORRESPONDENCE 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 and other interested parties. 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 July 25, 2017 meeting, one member of the public expressed concern with the state law provision eliminating the need for off street parking, particularly as it relates to narrow, hillside roads and impacts to emergency services. At the time of the preparation of this report, no written or oral comments have been received. EXHIBITS 1. State ADU Law – Government Code Section 65852.2 2. State JADU Law – Government Code Section 65852.22 3. HCD Accessory Dwelling Unit Memorandum, December 2016 4. Comparison Table of Former ADU Ordinance and Options 5. Transit Radius Map: Bus Stops - All 6. Transit Radius Map: Bus Stops - Local 7. Transit Radius Map: Transit Station 8. Road Width Map (:-:a~---\ ~ 'TATl UI-C Al.IH.JRN IA Il:;I>:'.,~' AUTHENTICATED ' ""I', ,.;. ELE CTRO NIC LE GA L MATERIAL State of California GOVERNMENT CODE Section 65852.2 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-family and multifamily residential zones. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adeql,lacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. (B) (i) Impose standards on accessory dwelling units that include, 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. (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 accessory dwelling units d,o not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a 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 dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (iv) 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. (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 dwelling unit. (vii) 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. (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 dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway. (II) 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 jurisdiction. (III) This clause shall not apply to a unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling 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, 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. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency 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 subdivision, 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 agency adopts an ordinance that complies with this section. (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. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that contains an existing single-family dwelling. No additional standards, other than those provided in this 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 owner-occupant or that the property be used for rentals of terms longer than 30 days. (7) A local agency may atnend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) 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 use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelIing unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency 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. (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. No minimum or maximum size for 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 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 wit,hin 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. \ (e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve , an application for a building pennit to create within a single-falnily 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 accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (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 dw~lling 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 plunlbing 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 an accessory dwelling unit. (h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to 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" 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) "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. (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. U) 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 accessory dwelling units. (Amended by Stats. 2016, Ch . 735, Sec. 1.5. (AB 2299) Effective January 1,2017.) //1;'" . ..., fA"t ~) I TAn (II 1~:'\I ,lro p,\iL\ i,,' '.";' AL,lTHENTICATED ELECTRONIC LEGAL >lATERI AL Assembly Bill No. 2406 CHAPTER 755 An act to add Section 65852.22 to the Government Code, relating to housing, and declaring the urgency thereof, to take effect immediately. [Approved by Governor September 28,2016. Filed with Secretary of State September 28 , 2016 .] LEGISLATIVE COUNSEL'S DIGEST AB 2406, Thurmond . Housing: junior accessory dwelling t,mits. The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of 2nd units in single-family and multifamily residential areas, as prescribed. This bill would, in addition, authorize a local agency to provide by ordinance for the creation of junior accessory dwelling units, as defined, in single-family residential zones. The bill would require the ordinance to include, among other things, standards for the creation of ajunior accessory dwelling unit, required deed restrictiohS, and occupancy requirements. The bill would prohibit an ordinance from requiring, as a condition of granting a permit for a junior accessory dwelling unit, additional parking requirements. This bill would declare that it is to take effect immediately as an urgency statute. The people of the State of California do enact as follows: SECTION 1. Section 65852.22 is added to the Government Code, immediately following Section 65852.2, to read: 65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling 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: (I) Limit the number of junior accessory dwelling 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 dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. 92 Ch.755 (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the pennitting agency, and shall include both of the following: (A) A prohibition on the sale of the junior accessory dwelling l,mit 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 dwelling unit that'conforms with this section. (4) R~quire 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 dwelling to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second interior doorway for sound attenuation . (6) R~quire the permitted junior accessory dwelling 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 cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas. (C) A fooel preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (b) (1) An ordinance shall not require additional parking as a condition to grant a pem1it. (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 junior accessory dwelling unit is in compliance with applicable building standards. (c) An application for a pennit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local 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 permit pursuant to this section . A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section . (d) For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shaH not be considered a separate or new dweHing unit. This section shaH 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 junior accessory dwelling unit shall not be considered a separate or new dwelling unit: 92 I -3-Ch.755 (f) This section shall not be construed to prohibit a local agency 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 ajunior accessory dwelling unit . (g) For purposes of this section, the following terms have the following 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. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect The facts constituting the necessity are: In order to allow local jurisdictions the ability to promulgate ordinances that create secure income for homeowners and secure housing for renters, at the earliest possible time, it is necessary for this act to take effect immediately. o 92 California Department of Housing and Community Development Where Foundations Begin Accessory Dwelling Unit Memorandum December 2016 Courtesy of Karen Chapple, UC Berkeley 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 How Are 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 Is Covered 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 Are Owner 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 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 Attachment 2: Sample ADU Ordinance .......................................................................................... 26 Attachment 3: Sample JADU Ordinance ........................................................................................ 29 Attachment 4: State Standards Checklist ....................................................................................... 32 Attachment 5: Bibliography ............................................................................................................ 33 1 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 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). 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 What is an ADU An ADU 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 Courtesy of Karen Chapple, UC Berkeley 2 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 h ousing 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 with disabilities 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. 3 Summary of Recent Changes to ADU Laws 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 1069 (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. Courtesy of Karen Chapple, UC Berkeley 4 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. 5  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. 6 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 bill 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. 7 Frequently Asked Questions: Accessory Dwelling Units Should an Ordinance Encourage the Development of ADUs? 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. 8 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 co de 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 (B)). 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. Courtesy of Karen Chapple, UC Berkeley 9 Can a Local Government Adopt Less Restrictive Requirements? 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 t hat promote ADUs such as reductions in fees, less restrictive parking or unit sizes or amending general plan policies. Can Local Governments Establish Minimum and Maximum Unit Sizes? 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. 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 system s. 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. 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 zo ning laws and requirements to make it more convenient for homeowners to get information. The City found that homeowners will take time to develop an ADU 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://www.cityofsantacruz.com/departments/planning-and-community- development/programs/accessory-dwelling-unit-development-program. 10 Can ADUs Exceed General Plan and Zoning Densities? An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zon ing. 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 neighborhoods and enhancing community character. ADUs are constructed at the 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. 11 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 ADUs? 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 County 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 Bus 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. 12 Can Parking Be Required 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. 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. Are 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. 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. 13 Also, when a garage, carport or covered parking structure is demolished or where the parking area cea ses 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 co verage, 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 Required? 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 ADUs? 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. 14 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). 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 . 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)). 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- family dwelling with or without a foundation when connected to the requir ed utilities, and includes 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). 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 California Health and Safety Code which could allow an EDU to be built no less than 150 sq. ft. For more information, see HCD’s Information Bulletin at http://www.hcd.ca.gov/codes/manufactured-housing/docs/ib2016-06.pdf . 15 Do ADUs Count toward the Regional Housing 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) 16 Frequently Asked Questions: Junior Accessory Dwelling Units Is There a Difference between ADU and JADU? 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 REQUIREMENTS ADU JADU Maximum Unit Size Yes, generally up to 1,200 Square Feet or 50% of living area Yes, 500 Square Foot Maximum Kitchen Yes Yes Bathroom Yes No, Common Sanitation is Allowed Separate Entrance Depends Yes Parking Depends, Parking May Be Eliminated and Cannot Be Required Under Specified Conditions No, Parking Cannot Be Required Owner Occupancy Depends, Owner Occupancy May Be Required Yes, Owner Occupancy Is Required Ministerial Approval Process Yes Yes Prohibition on Sale of ADU Yes Yes Courtesy of Lilypad Homes and Photo Credit to Jocelyn Knight 17 Why 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. Can the JADU Be Sold Independent of the Primary Dwelling? No, the JADU cannot be sold separate from the primary dwelling. Are JADUs Subject 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, se wer 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. 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 quart ers 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. 18 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 sam e. 19 Resources Courtesy of Karen Chapple, UC Berkeley 20 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 second accessory dwelling units in single-family and multifamily residential zones. The ordinance may shall do any all of the following: (A) Designate areas within the jurisdiction of the local agency where second 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 second accessory dwelling units on traffic flow. flow and public safety. (B) (i) Impose standards on second accessory dwelling units that include, 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 Histor ic 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 second accessory dwelling units do not exceed the allowable density for the lot upon which the second accessory dwelling unit is located, and that second accessory dwelling units are a 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 dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (iv) 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. (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 dwelling unit. (vii) 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. (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 dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway. (II) 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 jurisdiction. (III) This clause shall not apply to a unit that is described in subdivision (d). 21 (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling 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 dw elling 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 paragraph may be construed to require a local government to adopt or amend an ordinance for the creation of ADUs. 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 th e 2001–02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of ADUs. an accessory dwelling unit. (b) (4) (1) An When existing ordinance governing the creation of an accessory dwelling unit by a local agency which has not adopted an ordinance governing ADUs in accordance with subdivision (a) or (c) receives its first application on or after July 1, 1983, for a permit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to this subdivision unless it 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 thi s subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and th at agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance in accordance with subdivision (a) or (c) within 120 days after receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall grant a variance or special use permit for the creation of a ADU if the ADU complies with all of the following: that complies with this section. (A) The unit is not intended for sale and may be rented. (B) The lot is zoned for single-family or multifamily use. (C) The lot contains an existing single-family dwelling. (D) The ADU is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (E) The increased floor area of an attached ADU shall not exceed 30 percent of the existing living area. (F) The total area of floorspace for a detached ADU shall not exceed 1,200 square feet. (G) Requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located. (H) Local building code requirements which apply to detached dwellings, as appropriate. (I) Approval by the local health officer where a private sewage disposal system is being used, if required. 22 (2) (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) (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed ADUs on lots a proposed accessory dwelling unit on a lot zoned for residential use which contain that contains an existing single-family dwelling. No additional standards, other than those provided in this subdivision or subdivision (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 owner-occupant. owner-occupant or that the property be used for rentals of terms longer than 30 days. (4) (7) No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to implement this subdivision. 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 consistent with the limitations of this subdivision. (5) (8) A ADU which conforms to the requirements of 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 use which 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. (c) (b) No When a local agency shall adopt an ordinance which totally precludes ADUs within single -family or multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing ADUs within single-family and multifamily zoned areas justify adopting the ordinance. 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 day s after receiving the application. (d) (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached second accessory dwelling units. No minimum or maximum size for a second 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 which 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. (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. (e) Parking requirements for ADUs shall not exceed one parking space per unit or per bedroom. Additional parking may be required provided that a finding is made that the additional parking requirements are directly related to the 23 use of the ADU and are consistent with existing neighborhood standards applicable to existing dwellings. Off -street 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 jurisdiction. Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building 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 second accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section66000). 66000) and Chapter 7 (commencing with Section 66012). (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 dwel ling 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 i ts 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 ADUs. an accessory dwelling unit. (h) Local agencies shall submit a copy of the ordinances ordinance adopted pursuant to subdivision (a) or (c) to 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) “Second “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 second 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 th e sky and extends from a street to one entrance of the accessory dwelling unit. 24 (j) 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 65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling 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 dwelling 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 dwelling 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 junior accessory dwelling 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 dwelling 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 dwelling to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second interior doorway for sound attenuation. (6) Require the permitted junior accessory dwelling 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 cooking facility with 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 junior accessory dwelling unit. (b) (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 junior accessory dwelling 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 any local 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 25 permit pursuant to this section. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a per mit pursuant to this section. (d) 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, co unty, 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 junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (f) This section shall not be construed to prohibit a local agency 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 following terms have the following 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. 26 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 need ed 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: 1. The unit is not intended for sale separate from the primary residence and may be rented. 2. The lot is zoned for residential and contains an existing, single-family dwelling. 3. 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. 4. 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. 5. The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet. 6. Local building code requirements that apply to detached dwellings, as appropriate. 7. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. 8. No setback shall be required for an existing gara ge 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. 9. 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. 27  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. 3. 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 XXX5XXXX. The XXXX Health Officer shall approve an application in conformance with XXXXXX where a private sewage disposal system is being used. Section XXX5XXX: 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 XXX5XXX, the Community Development Director shall find that the Accessory Dwelling Unit would be detrim ental 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 XXX5XXX 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 wil l m eet 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 exten ds from a street to one entrance of the accessory dwelling unit. 28 (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 Jan uary 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. 29 Attachment 3: Sample JADU Ordinance (Lilypad Homes at http://lilypadhomes.org/) 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. 30 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 SITE OR DESIGN FEATURE SITE AND DESIGN STANDARDS Maximum unit size 500 square feet Setbacks As required for the primary dwelling unit Parking No additional parking required 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. 31 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 provis ions 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. 32 Attachment 4: State Standards Checklist (As of January 1, 2017) YES/NO STATE STANDARD* GOVERNMENT CODE SECTION Unit is not intended for sale separate from the primary residence and may be rented. 65852.2(a)(1)(D)(i) Lot is zoned for single-family or multifamily use and contains an existing, single- family dwelling. 65852.2(a)(1)(D))ii) Accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. 65852.2(a)(1)(D)(iii ) 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 1,200 square feet. 65852.2(a)(1)(D)(v ) Passageways are not required in conjunction with the construction of an accessory dwelling unit. 65852.2(a)(1)(D)(vi ) Setbacks are not 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 are not required for an accessory dwelling unit that is constructed above a garage. 65852.2(a)(1)(D)(vi i) (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 used, if required. 65852.2(a)(1)(D)(ix ) Parking requirements do not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway. 65852.2(a)(1)(D)(x ) * Other requirements may apply. See Government Code Section 65852.2 33 Attachment 5: Bibliography Reports ACCESSORY DWELLING 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 I47 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 specif ic 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 (IURD) 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, El 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 recommenda tions, 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. 34 SECONDARY UNITS AND URBAN INFILL: A literature Review (12 pp.) 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, El 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, El Cerrito, and Richmond -- focusing on the areas within ½ 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. 35 GRANNY FLATS GAINING GROUND (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 housin g 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 SYSTEM (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 36 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). City of San Rafael: ADU Ordinance Options 1 ACESSORY DWELLING UNITS1 Existing San Rafael Code Section 14.16.285 State Law Standard Option San Rafael Standard Option Selected Standard Option Description Closely applies the language and standards provided by under State Law. Retains the existing San Rafael ADU ordinance language to the maximum extent possible while making the minimum changes required to comply with State Law. Hybrid of State Law Standard Option and the San Rafael Standard Option based on Staff recommendations. Also contains certain provisions not in other options. A. Purpose. The purposes of the second dwelling unit regulations are to: 1. Implement policies of the housing element of the San Rafael general plan encouraging the provision of second units as a source of affordable housing; 2. Comply with provisions of state law, including those contained in Section 65852.2 of the California Government Code; and 3. Ensure and maintain healthy and safe residential living environments, including compatibility with surrounding uses and maintenance of the character of the neighborhood. B. Applicability. Performance standards for second dwelling units shall apply in the residential zoning districts. No substantial change from existing No substantial change from existing No substantial change from existing C1. Density. A maximum of one second dwelling unit shall be permitted per residential lot containing a single-family dwelling. Second dwelling units are not required to meet density requirements for the general plan or zoning ordinance. C1. Density. A maximum of one accessory dwelling unit shall be permitted per residential lot containing a single-family dwelling. 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 use that is consistent with the existing general plan and zoning designations for the lot. C1. Density. A maximum of one accessory dwelling unit shall be permitted per residential lot containing a single-family dwelling. An accessory dwelling unit that conforms to this section shall not be considered to exceed the allowable density for the lot upon which it is located. C1. Density. A maximum of one accessory dwelling unit shall be permitted per residential lot containing a single-family dwelling. 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. 1 Note: Different colored text indicates a notable change from the San Rafael ADU ordinance text. City of San Rafael: ADU Ordinance Options 2 Existing San Rafael Code Section 14.16.285 State Law Standard Option San Rafael Standard Option Selected Standard Option C3. Owner Occupancy and Deed Restriction. The property owner shall occupy either the main single-family dwelling or the second dwelling unit as their principal residence throughout the life of the second dwelling unit. Prior to obtaining a building permit for a second dwelling unit, the property owner shall file with the county recorder a declaration or agreement of restrictions, which has been approved by the city attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that: a. The second dwelling unit shall not be sold separately; b. The second dwelling unit shall be restricted to the maximum size allowed per the development standards in Section 14.16.285(C)(6); c. The second dwelling unit shall be considered legal only so long as either the primary residence, or the second dwelling unit, is occupied by the owner of record of the property; and d. 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. NOTE: Deed-restrictions can be required by local agencies but State Law does not mandate that jurisdictions include a deed- restriction provision. See “San Rafael Standard Option” for inclusion of a deed-restriction standard. C3. Owner Occupancy and Deed Restriction. The property owner shall occupy either the main single-family dwelling or the accessory dwelling unit as their principal residence throughout the life of the accessory dwelling unit. Prior to obtaining a building permit for an accessory dwelling unit, the property owner shall file with the county recorder a declaration or agreement of restrictions, which has been approved by the city attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that: a. The accessory dwelling unit shall not be sold separately; b. The accessory dwelling unit shall be restricted to the maximum size allowed per the development standards in Section 14.16.285(C)(6); c. 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; and d. 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. Same as “San Rafael Standard Option” City of San Rafael: ADU Ordinance Options 3 Existing San Rafael Code Section 14.16.285 State Law Standard Option San Rafael Standard Option Selected Standard Option C4. Building and Housing Code Compliance. All new or expanded second dwelling units must comply with the Uniform Housing Code and Uniform Building Code in addition to the requirements of this title. Legalization of existing unauthorized second dwelling units shall require compliance with the Uniform Housing Code to ensure unit habitability, provided that the property owner must show proof that the unit was in existence prior to June 6, 1983. An inspection must be made by the building and safety division of the community development department or by an inspection firm approved by said building and safety division to determine compliance with applicable codes. C4. Building and Housing Code Compliance. All new or expanded accessory dwelling units must comply with the Uniform Housing Code and Uniform Building Code in addition to the requirements of this title. Legalization of existing unauthorized accessory dwelling units shall require compliance with the Uniform Housing Code to ensure unit habitability, provided that the property owner must show proof that the unit was in existence prior to June 6, 1983. An inspection must be made by the building and safety division of the community development department or by an inspection firm approved by said building and safety division to determine compliance with applicable codes. C4a. An accessory dwelling unit contained entirely within an existing single-family residence or accessory structure shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence. Same as “State Law Standard Option” Same as “State Law Standard Option” C5. Attached/Detached Units. Second dwelling units may be within or attached to the principal residence or within a separate building on the same lot as the principal residence. No substantial change from existing No substantial change from existing C5. Unit Types.  An attached accessory dwelling unit is attached to the principal residence.  A detached accessory dwelling unit is detach from but located on the same lot as the principal residence.  An accessory dwelling unit contained within an existing structure may be located entirely within the principal residence or an accessory structure. City of San Rafael: ADU Ordinance Options 4 Existing San Rafael Code Section 14.16.285 State Law Standard Option San Rafael Standard Option Selected Standard Option C6. Size Limits. The square footage of a second dwelling unit shall be no greater than forty percent (40%) of the gross square footage of the principal residence, excluding the garage area; except that any second dwelling unit may be at least five hundred (500) square feet even if that exceeds forty percent (40%) of the principal residence. A second dwelling unit larger than eight hundred (800) square feet in size shall require the issuance of a use permit approved by the planning commission. In no case shall the second dwelling unit exceed one thousand (1,000) square feet in size. C6. Size Limits. A new attached accessory dwelling unit, constructed as an addition to the primary dwelling, is limited to a floor area not to exceed 50% of the existing residence up to a maximum increase of 1,200 square feet. A new detached accessory dwelling unit, constructed as a detached structure, is limited to a maximum floor area of 1,200 square feet. C6. Size Limits. The square footage of an attached or detached accessory dwelling unit shall be no greater than forty percent (40%) of the gross square footage of the principal residence, excluding the garage area; except that any accessory dwelling unit may be at least five hundred (500) square feet even if that exceeds forty percent (40%) of the principal residence. An accessory dwelling unit larger than eight hundred (800) square feet in size shall require the issuance of a use permit approved by the planning commission. In no case shall the accessory dwelling unit exceed one thousand (1,000) square feet in size. C6. Size Limits. The square footage of an attached or detached accessory dwelling unit shall be no greater than forty percent (40%) of the gross square footage of the principal residence, excluding the garage area; except that any accessory dwelling unit may be at least five hundred (500) square feet even if that exceeds forty percent (40%) of the principal residence. The maximum size of an attached or detached accessory dwelling unit is 800 square feet. Unit size exceptions are subject to approval of a use permit under Section 14.16.285(D)(3)(a). ALTERNATE OPTION: Propose other unit size parameters. C7. Property Development Standards. Second dwelling units must comply with existing zoning requirements including property development standards for setbacks, lot coverage, building height and private yard areas except that: No substantial change from existing No substantial change from existing No substantial change from existing a. Minimum Lot Size. No second dwelling shall be located on a lot less than five thousand (5,000) square feet in size. NOTE: State law does not mandate that jurisdictions include lot size requirements. a. Minimum Lot Size. No attached or detached accessory dwelling unit shall be located on a lot less than five thousand (5,000) square feet in size. Minimum lot size shall not apply to accessory dwelling units located entirely within an existing principal residence or accessory structure. a. Minimum Lot Size. An attached or detached accessory dwelling unit shall be located on a lot five thousand (5,000) square feet or larger in size. Minimum lot size shall not apply to accessory dwelling units located entirely within an existing principal residence or accessory structure. ALTERNATE OPTION: Delete minimum lot size requirement in the ADU ordinance. City of San Rafael: ADU Ordinance Options 5 Existing San Rafael Code Section 14.16.285 State Law Standard Option San Rafael Standard Option Selected Standard Option b. Height. Second dwelling units added to the structure containing the principal residence shall be subject to the height requirements otherwise applicable to the principal residential structure. Second units constructed as a separate building and located in side or rear setback areas otherwise applicable to the principal residential structure shall not exceed fifteen feet (15′) in height within the setback areas, unless authorized by approval of a use permit by the planning commission. NOTE: State Law does not mandate that jurisdictions include a specific height measurement requirement. See “San Rafael Standard Option” or “Selected Standard Option” for a height standard. b. Height. Accessory dwelling units added to the structure containing the principal residence shall be subject to the height requirements otherwise applicable to the principal residential structure. Accessory dwelling units constructed as a separate building and located in side or rear setback areas otherwise applicable to the principal residential structure shall not exceed fifteen feet (15′) in height within the setback areas, unless authorized by approval of a use permit by the planning commission. b. Height. New attached accessory dwelling units added to the principal residence shall be subject to the height requirements otherwise applicable to the principal residence. New detached accessory dwelling units located in side or rear setback areas otherwise applicable to the principal residential structure shall not exceed fifteen feet (15′) in height within the setback areas. Height exceptions are subject to approval of a use permit under Section 14.16.285(D)(3)(a). ALTERNATE OPTION: Propose other height parameters. c. Setbacks. Second dwelling units added or attached to the structure containing the principal residence shall be subject to the setback requirements otherwise applicable to the principal residential structure. Second dwelling units constructed as a separate building shall be subject to the setback requirements otherwise applicable to accessory buildings except that such units located within side or rear setback areas shall require approval of a use permit by the planning commission. c. Setbacks. Attached accessory dwelling units shall be subject to the setback requirements otherwise applicable to the principal residential structure. Detached accessory dwelling units constructed as a separate building shall be subject to the setback requirements otherwise applicable to accessory buildings. An accessory dwelling unit contained entirely within the existing principal residence or accessory structure shall not be subject to setback requirements, except side and rear setbacks shall be sufficient for fire safety. No setback shall be required for an existing garage that is converted to an accessory dwelling unit. A setback of no more than five feet from the side and rear lot lines is required for an accessory dwelling constructed above a garage c. Setbacks. Attached accessory dwelling units shall be subject to the setback requirements otherwise applicable to the principal residential structure. Detached accessory dwelling units constructed as a separate building shall be subject to the setback requirements otherwise applicable to accessory buildings, except that such units located within side or rear setback areas shall require approval of a use permit by the planning commission. An accessory dwelling unit contained entirely within the existing principal residence or accessory structure, including detached garages, shall not be subject to setback requirements, except side and rear setbacks shall be sufficient for fire safety. A setback of no more than five feet from the side and rear lot lines is required for an accessory dwelling unit constructed above a garage c. Setbacks. Attached accessory dwelling units shall be subject to the setback requirements otherwise applicable to the principal residential structure. Detached accessory dwelling units constructed as a separate building shall be subject to the setback requirements otherwise applicable to accessory buildings. Setback exceptions are subject to approval of a use permit under Section 14.16.285(D)(3)(a). An accessory dwelling unit contained entirely within the existing principal residence or accessory structure, including detached garages, shall not be subject to setback requirements, except side and rear setbacks shall be sufficient for fire safety. A setback of no more than five feet from the side and rear lot lines is required for an accessory dwelling unit constructed above a garage City of San Rafael: ADU Ordinance Options 6 Existing San Rafael Code Section 14.16.285 State Law Standard Option San Rafael Standard Option Selected Standard Option d. Nonconforming Structures. Where a second dwelling unit is proposed in a nonconforming structure, the proposed second unit shall not increase the spatial nonconformity of the site or the improvements. NOTE: State Law does not mandate that jurisdictions include nonconforming structure requirements. No substantial change from existing No substantial change from existing No substantial change from existing City of San Rafael: ADU Ordinance Options 7 Existing San Rafael Code Section 14.16.285 State Law Standard Option San Rafael Standard Option Selected Standard Option C8. Parking. Off-street parking shall be required for each second dwelling unit, in addition to the parking required for the existing single-family dwelling. One (1) off-street parking space shall be required for studio and one- bedroom second dwelling units. Two (2) off- street parking spaces shall be required for second dwelling units with two (2) or more bedrooms. Required parking options are as follows: a. One (1) parking space for a second dwelling unit may be sited in the front yard setback provided that: 1) the parking space is located within a paved area adjacent and parallel to the driveway, between the driveway and the nearest side lot line; and 2) the curb cut is not increased. b. One (1) required space for the second dwelling unit may be uncovered and tandem (located behind another uncovered or covered parking space) on a driveway having a length of at least eighteen feet (18') behind the sidewalk or property line, provided the property has frontage on a street having a paved width of at least thirty-eight feet (38'). c. Off-street parking for the second dwelling unit that requires a new driveway curb cut, either for establishing an additional driveway or for increasing the width of the existing curb cut, may be proposed subject to an affirmative recommendation by the public works department and the approval of an environmental and design review permit by the zoning administrator. C8. Parking. One parking space shall be provided for each bedroom in the accessory dwelling unit. These spaces may be provided as tandem parking on an existing driveway. a. One (1) parking space for an accessory dwelling unit may be sited in the front yard setback provided that: 1) the parking space is located within a paved area adjacent and parallel to the driveway, between the driveway and the nearest side lot line; and 2) the curb cut is not increased. b. One (1) required space for the accessory dwelling unit may be uncovered and tandem (located behind another uncovered or covered parking space) on a driveway having a length of at least eighteen feet (18') behind the sidewalk or property line, provided the property has frontage on a street having a paved width of at least thirty-eight feet (38'). c. Off¬street parking shall be permitted in setback areas or through tandem parking, as described above in subsections 14.16.285(C)(8)(a) and 14.16.285(C)(8)(b), 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. C8. Parking. Off-street parking shall be required for each accessory dwelling unit, in addition to the parking required for the existing single-family dwelling. One (1) off- street parking space shall be required for studio and one-bedroom accessory dwelling units. Two (2) off-street parking spaces shall be required for accessory dwelling units with two (2) or more bedrooms. Required parking options are as follows: a. One (1) parking space for a accessory dwelling unit may be sited in the front yard setback provided that: 1) the parking space is located within a paved area adjacent and parallel to the driveway, between the driveway and the nearest side lot line; and 2) the curb cut is not increased. b. One (1) required space for the accessory dwelling unit may be uncovered and tandem (located behind another uncovered or covered parking space) on a driveway having a length of at least eighteen feet (18') behind the sidewalk or property line, provided the property has frontage on a street having a paved width of at least thirty-eight feet (38'). c. Off¬street parking shall be permitted in setback areas or through tandem parking, as described above in subsections 14.16.285(C)(8)(a) and 14.16.285(C)(8)(b), 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. Alternative 1. No Parking Required C8. Parking. Parking shall not be required for accessory dwelling units. Alternative 2. State Parking Standard Same as “State Law Standard Option” Alternative 3. Modified Existing Code Same as “San Rafael Standard Option” Alternative 4. Modified Existing Code, Plus Definition Favoring More Parking Exceptions. Same as “San Rafael Standard Option” or “State Law Standard Option.” Additionally, “Public Transit” is defined as all bus stops, transfer stations, and rail stations. Alternative 5. Modified Existing Code, Plus Definition Favoring Fewer Parking Exceptions. Same as “San Rafael Standard Option” or “State Law Standard Option.” Additionally, “Public Transit” is defined as bus stops where headways are 30 minutes or less, transfer stations, and rail stations. Alternative 6. Modified Existing Code, Plus Definition Favoring Fewest Parking Exceptions. Same as “San Rafael Standard Option” or “State Law Standard Option.” Additionally, “Public Transit” is defined as transfer stations and rail stations. Alternative 7. Other Proposed Option Propose other option, consistent with State requirements. City of San Rafael: ADU Ordinance Options 8 Existing San Rafael Code Section 14.16.285 State Law Standard Option San Rafael Standard Option Selected Standard Option The purpose of this permit review is to ensure that the alternative parking design is appropriate given the site conditions, is compatible with the character of the surrounding residential neighborhood, and would not result in a safety hazard to vehicles or pedestrians. d. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the off¬street parking spaces shall 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 provision does not apply for accessory dwelling units described in subsection 14.16.285(C)(8)(f). e. An accessory dwelling unit shall not be required to provide parking 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. d. Off-street parking for the accessory dwelling unit shall be provided using existing curb cuts.A new driveway curb cut, either for establishing an additional driveway or for increasing the width of the existing curb cut, may be proposed subject to an affirmative recommendation by the public works department and the approval of a use permit granting this exception by the zoning administrator. The purpose of this permit review is to ensure that the alternative parking design is appropriate given the site conditions is compatible with the character of the surrounding residential neighborhood, and would not result in a safety hazard to vehicles or pedestrians. e. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the off¬street parking spaces shall 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 provision does not apply for accessory dwelling units described in subsection 14.16.285(C)(8)(f). City of San Rafael: ADU Ordinance Options 9 Existing San Rafael Code Section 14.16.285 State Law Standard Option San Rafael Standard Option Selected Standard Option f. An accessory dwelling unit shall not be required to provide parking 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 space located within one block of the accessory dwelling unit. City of San Rafael: ADU Ordinance Options 10 Existing San Rafael Code Section 14.16.285 State Law Standard Option San Rafael Standard Option Selected Standard Option C9. Architectural Compatibility. Construction of second dwelling units that entail exterior expansion or modification of the principal residential structure or accessory building, or construction of a new building, shall be subject to the following design criteria: a. The second dwelling unit construction shall incorporate the same or similar exterior materials, including window style, as the structure containing the principal residence; b. The second dwelling unit construction shall incorporate the same or similar exterior colors and architectural detailing as the structure containing the principal residence; c. The second dwelling unit construction shall incorporate the same or similar roof pitch as the structure containing the principal residence; d. Separate entrances to the principal residence and the second dwelling unit are required and may not be located on the same exterior building elevation which is most parallel to the front property line; NOTE: State Law does not provide specificity on architectural compatibility requirements. No substantial change from existing No substantial change from existing C9. Architectural Compatibility. Construction of accessory dwelling units that entail exterior expansion or modification of the principal residential structure or accessory building, or construction of a new building, shall be subject to the following design criteria: a. The accessory dwelling unit construction shall incorporate the same or similar exterior materials, including window style, as the structure containing the principal residence; b. The accessory dwelling unit construction shall incorporate the same or similar exterior colors and architectural detailing as the structure containing the principal residence; c. The accessory dwelling unit construction shall incorporate the same or similar roof pitch as the structure containing the principal residence; d. Separate entrances to the principal residence and the accessory dwelling unit are required and may not be located on the same exterior building elevation which is most parallel to the front property line; City of San Rafael: ADU Ordinance Options 11 Existing San Rafael Code Section 14.16.285 State Law Standard Option San Rafael Standard Option Selected Standard Option e. The construction or alteration of second dwelling units in the following locations shall be subject to the issuance of an environmental and design review permit consistent with the requirements of Sections 14.25.030 and 14.25.040(B) of this title, and the review criteria contained in Section 14.25.050(F)(6) of this title: 1. Upper story additions to the structure containing the principal residence which exceed five hundred (500) square feet, 2. Second dwelling units which are located above the ground floor in a separate or accessory structure, or 3. Second dwelling units which are located within a separate or accessory structure within the side or rear setbacks (required for the principal structure); f. The construction or alteration of second dwelling units on residential lots with slopes over twenty-five percent (25%) which entail exterior modifications to existing structures or construction of a new building shall be subject to the issuance of an environmental and design review permit consistent with the requirements of Chapters 14.12 and 14.25 of this title. NOTE: State Law does not specify how discretionary processes (i.e., environmental and design review permit) shall be applied and focuses more on providing a ministerial path to permit approval. e. The construction or alteration of accessory dwelling units shall comply with the following location requirements, exceptions to standards listed below may be granted subject to the issuance of an environmental and design review permit consistent with the requirements of Sections 14.25.030 and 14.25.040(B) of this title, and the review criteria contained in Section 14.25.050(F)(6) of this title: 1. Upper story additions to the structure containing the principal residence shall be five hundred (500) square feet or less, 2. Accessory dwelling units shall not be located above the ground floor in a separate or accessory structure f. Accessory dwelling units which entail exterior modifications to existing structures or construction of a new building shall be on residential lots with slopes twenty-five percent (25%) or less. Exceptions to this slope standard may be granted subject to the issuance of an environmental and design review permit consistent with the requirements of Chapters 14.12 and 14.25 of this title. e. The construction or alteration of accessory dwelling units shall comply with the following location requirements, exceptions to standards listed below may be granted subject to the approval of a use permit under Section 14.16.285(D)(3)(a). 1. Upper story additions to the structure containing the principal residence shall be five hundred (500) square feet or less, 2. Accessory dwelling units shall not be located above the ground floor in a separate or accessory structure f. Accessory dwelling units which entail exterior modifications to existing structures or construction of a new building shall be on residential lots with slopes twenty-five percent (25%) or less. Exceptions to this slope standard may be granted subject to the approval of a use permit under Section 14.16.285(D)(3)(a). NEW PROVISIONS C10. Passageways (Required) C10. Passageways. No passageway shall be required in conjunction with the construction of an accessory dwelling unit . Same as “State Law Standard Option” Same as “State Law Standard Option” C11. Utilities (Required) C11. Utilities. Accessory dwelling units contained entirely within an existing structure shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility. Same as “State Law Standard Option” Same as “State Law Standard Option” City of San Rafael: ADU Ordinance Options 12 Existing San Rafael Code Section 14.16.285 State Law Standard Option San Rafael Standard Option Selected Standard Option C12. Road Width (Optional, for Consideration) Alternative 1. Use Permit required for all roads less than 26 feet An accessory dwelling unit may only be approved when located on a lot with access from a roadway 26 feet or more in pavement width. An exception to this standard may be granted through approval of a use permit under Section 14.16.285(D)(3)(a). Alternative 2. Use Permit required for roads less than 26 feet in ____ geographic area. An accessory dwelling unit may only be approved in the ___ geographic area when located on a lot with access from a roadway 26 feet or more in pavement width. An exception to this standard may be granted through approval of a use permit under Section 14.16.285(D)(3)(a). Alternative 3. No Standard on Road Width. No standard. Alternative 4. Other Proposed Option. Propose other option. D1. Permit Required (Optional, for Consideration) D1. Permit Required. No person shall create an accessory dwelling unit within the City of San Rafael without a permit obtained pursuant to the procedures and standards established under Section 14.16.285. In addition to a permit granted under Section 14.16.285, a building permit shall also be required for an accessory dwelling unit. ALTERNATE OPTION: Do not include the provision City of San Rafael: ADU Ordinance Options 13 Existing San Rafael Code Section 14.16.285 State Law Standard Option San Rafael Standard Option Selected Standard Option D2. Accessory Dwelling Unit Permit (Required) D2. Accessory Dwelling Unit Permit. Within 120 days after receiving an accessory dwelling unit permit application, an Accessory Dwelling Unit permit shall be reviewed ministerially and determination shall be made on approval or denial of the application. An accessory dwelling unit permit shall be approved ministerially if it complies with the standards and requirements under Section 14.16.285C1- 1x. Accessory dwelling unit applications requesting exceptions to standards and requirements under Section 14.16.285C may be permitted subject to approval of a use permit under 14.16.285(D)(3)(a). Same as “State Law Standard Option” Same as “State Law Standard Option” City of San Rafael: ADU Ordinance Options 14 Existing San Rafael Code Section 14.16.285 State Law Standard Option San Rafael Standard Option Selected Standard Option D3a. Use Permit for Exceptions (Optional. Use Permit approvals were referenced in Sections above) D3a. Use Permit for Accessory Dwelling Units with Modified Standards. Accessory dwelling units that do not meet the standards established in Sections 14.16.285(C)(1) to 14.16.285(C)(12) may be permitted with a USE PERMIT APPROVED BY THE ZONING ADMINISTRATOR subject to the applicable findings under Section 14.16.285(D)(3)(b). Accessory dwelling units requesting the following exceptions may be granted with the approval of a use permit:  The size of an attached or detached accessory dwelling unit greater than 800 square feet. In no case shall the unit be greater than 1,000 square feet.  Setbacks for detached accessory dwelling units within the setback applicable to accessory buildings.  Height of detached accessory dwelling units located within the setback applicable to the principal residence.  Accessory dwelling unit consisting of upper story additions to the structure containing the principal residence, where the additions are greater than five hundred (500) square feet  Accessory dwelling unit located above the ground floor in a separate or accessory structure  Development of an accessory dwelling unit on a lot with a slope greater than 25%, which entail exterior modifications to existing structures or construction of a new building.  Development of an accessory dwelling unit that necessitates a new or modified driveway curb cut, either for establishing an additional driveway or for increasing the width of the existing curb cut.  Development of an accessory dwelling unit on a lot with access from a roadway less than 26 feet in width (in __ geographic area). City of San Rafael: ADU Ordinance Options 15 Existing San Rafael Code Section 14.16.285 State Law Standard Option San Rafael Standard Option Selected Standard Option D3b. Use Permit Findings (Optional. Use Permit approvals were referenced in Sections above) Note: Findings based on Chapter 14.22 – Use Permits D3b.Use Permit Findings. The ZONING ADMINISTRATOR may issue a use permit if the following findings can be made:  That the proposed use is in accord with the general plan, the objectives of the zoning ordinance, and the purposes of the district in which the site is located;  That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city;  That the proposed use complies with each of the applicable provisions of the zoning ordinance;  To allow a new or modified driveway curb cut, the public works department shall provide an affirmative recommendation and the alternative parking design shall be determined to be appropriate given the site conditions, be compatible with the character of the surrounding residential neighborhood, and not result in a safety hazard to vehicles or pedestrians.  To allow development of an accessory dwelling unit on a lot with access from a roadway less than 26 feet in width, the Fire Department shall determine that access to the site is sufficient and allows for the adequate provision of fire safety service. City of San Rafael: ADU Ordinance Options 16 JUNIOR ACCESSORY DWELLING UNITS San Rafael Code Section 14.16.286 State Law Standard Option San Rafael Standard Option Selected Standard Option A. Purpose. The purpose of the junior second unit regulations is to implement specific policies of the housing element of the San Rafael general plan, that: 1. Support the conversion or re-purposing of an existing bedroom(s) into an additional dwelling unit within a single-family dwelling to more efficiently use and expand the existing housing stock; 2. Promote opportunities for housing sharing, particularly for support to the age-in-place senior population; and 3. Expand the affordable, rental housing stock. B. Applicability. Performance standards for junior second units shall apply in the residential zoning districts. No substantial change from existing No substantial change from existing No substantial change from existing C. Ministerial permit required. A junior second unit permit is required in order to determine that the unit is in compliance with the provisions of this section. If it is determined that the junior second unit is in full compliance with the provisions of this section, the permit shall be issued No substantial change from existing No substantial change from existing No substantial change from existing D1. Density. A maximum of one junior second unit shall be permitted per residential lot containing a single-family dwelling. Junior second units are not required to meet the density requirements of the general plan or zoning ordinance. D1. Density. The number of junior accessory dwelling units shall not exceed one per residential lot zoned for single-family residences with a single-family residence already built on the lot. A junior 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. 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. D1. Density. A maximum of one junior accessory dwelling unit shall be permitted per residential lot containing a single-family dwelling. A junior 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. 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. D1. Density. A maximum of one junior accessory dwelling unit shall be permitted per residential lot containing a single-family dwelling. A junior 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. 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. City of San Rafael: ADU Ordinance Options 17 San Rafael Code Section 14.16.286 State Law Standard Option San Rafael Standard Option Selected Standard Option D2. Rental or lease. A junior second unit shall not be sold separately from the main single-family residence. No substantial change from existing No substantial change from existing No substantial change from existing D3. Owner occupancy and deed restriction. The property owner shall occupy either the main single-family dwelling or the junior second unit. Prior to obtaining a building permit for the junior second unit, the recordation of a declaration or agreement of restrictions shall be prepared and recorded in the official records of the County of Marin. The deed restriction provisions of Section 14.16.285C.3 (second dwelling units) of this title shall apply to junior second units. D3. Owner Occupancy. The property owner must reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. D3. Owner Occupancy and Deed Restriction. The property owner shall occupy either the main single-family dwelling or the junior accessory dwelling unit as their principal residence throughout the life of the accessory dwelling unit. Prior to obtaining a building permit for an accessory dwelling unit, the property owner shall file with the county recorder a declaration or agreement of restrictions, which has been approved by the city attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that: a. The junior accessory dwelling unit shall not be sold separately; b. The junior accessory dwelling unit shall be restricted to the maximum size allowed per the development standards in Section 14.16.286(D)(5); c. The junior accessory dwelling unit shall be considered legal only so long as either the primary residence, or the junior accessory dwelling unit, is occupied by the owner of record of the property; and d. 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. Same as “San Rafael Standard Option,” or “State Law Standard Option” D4. Location, re-purposing existing living area. A junior second unit must be created within the existing walls of an existing single-family dwelling and must include the conversion of an existing bedroom(s) and ancillary spaces. No substantial change from existing No substantial change from existing No substantial change from existing D5. Size limitations. A junior second unit shall not exceed five hundred (500) square feet in size. No substantial change from existing No substantial change from existing No substantial change from existing City of San Rafael: ADU Ordinance Options 18 San Rafael Code Section 14.16.286 State Law Standard Option San Rafael Standard Option Selected Standard Option D6. Unit access. A separate exterior entry shall be provided to serve the junior second unit. Interior access between the junior second unit and the main residence is required, and can be a door equipped with a double lock. No substantial change from existing No substantial change from existing No substantial change from existing D7. Building and fire code requirements. The junior second unit must meet the following building and fire code requirements: a. No fire wall separation or noise attenuation measures are required between the main dwelling and the junior second unit. b. No fire sprinklers shall be required for the junior second unit, unless the associated improvements meet the threshold for a "substantial remodel" as defined by Chapter 4.08 (Fire Code) of the San Rafael Municipal Code. c. A smoke alarm shall be required in the junior second unit and shall be connected to the smoke alarms in the main residence. d. The junior second unit shall be equipped with a carbon monoxide detector. D7. Building and fire code requirements. Junior accessory dwelling units are not considered separate or new dwelling units for the purposes of fire and life protection ordinances and regulations. Regulations on fire and life protection requirements can be applied in a single family residence with a junior accessory dwelling unit so long as they also apply to single- family residences regardless of whether the single-family residence includes a junior accessory dwelling unit or not. The junior accessory dwelling unit must meet the following building and fire code requirements: a. No fire wall separation or noise attenuation measures are required between the main dwelling and the junior accessory unit. b. No fire sprinklers shall be required for the junior accessory dwelling unit, unless the associated improvements meet the threshold for a "substantial remodel" as defined by Chapter 4.08 (Fire Code) of the San Rafael Municipal Code. c. A smoke alarm shall be required in the junior accessory dwelling unit and shall be connected to the smoke alarms in the main residence. d. The junior accessory dwelling unit shall be equipped with a carbon monoxide detector. D7. Building and fire code requirements. The junior accessory dwelling unit must meet the following building and fire code requirements: a. No fire wall separation or noise attenuation measures are required between the main dwelling and the junior accessory unit. b. No fire sprinklers shall be required for the junior accessory dwelling unit, unless the associated improvements meet the threshold for a "substantial remodel" as defined by Chapter 4.08 (Fire Code) of the San Rafael Municipal Code. c. A smoke alarm shall be required in the junior accessory dwelling unit and shall be connected to the smoke alarms in the main residence. d. The junior accessory dwelling unit shall be equipped with a carbon monoxide detector. Same as “State Law Emphasis,” or “San Rafael Standard Option” D8. Utility service. A separate water connection or meter, and a separate sewer service connection are not required for a junior second unit. Water and sewer service for the junior second unit is shared with the main single-family dwelling unit. D8. For the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. D8. Utility service. A separate water connection or meter, a separate power service connection, and a separate sewer service connection are not required for a junior accessory dwelling unit. Water and sewer service for the junior accessory dwelling unit is shared with the main single- family dwelling unit. Same as “San Rafael Standard Option,” or “State Law Standard Option” City of San Rafael: ADU Ordinance Options 19 San Rafael Code Section 14.16.286 State Law Standard Option San Rafael Standard Option Selected Standard Option D9. Food preparation area. A junior second unit shall include a food preparation area, requiring and limited to the following components: a. A sink with a maximum width and dimensions of sixteen inches (16") and width a maximum waste line diameter or one-and- one-half inches (1.5'); b. A cooking facility or other appliance, including a refrigerator, which does not require electrical service greater than one hundred twenty (120) volts or natural or propane gas; and c. A food preparation counter and storage cabinets which do not exceed six feet (6') in length. D9. A junior accessory dwelling unit shall include an efficiency kitchen, which shall have all of the following: (A) A sink with a maximum waste line diameter of 1.5 inches. (B) A cooking facility with 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 junior accessory dwelling unit. D9. Food preparation area. A junior accessory dwelling unit shall include a food preparation area, requiring and limited to the following components: a. A sink with a maximum width and dimensions of sixteen inches (16") and width a maximum waste line diameter or one-and-one-half inches (1.5'); b. A cooking facility or other appliance, including a refrigerator, which does not require electrical service greater than one hundred twenty (120) volts or natural or propane gas; and c. A food preparation counter and storage cabinets which do not exceed six feet (6') in length. Same as “San Rafael Standard Option,” or “State Law Standard Option” D10. Off-street parking. No additional off-street parking is required beyond that required for the main single-family dwelling. The main single-family dwelling must meet the current off-street parking standard in effect at the time the junior second unit is approved. D10. A junior accessory dwelling unit shall not be required to provide additional parking. NOTE: a City is not prohibited from adoption a regulation that applies to a single-family residence containing 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. D10. Off-street parking. No additional off- street parking is required beyond that required for the main single-family dwelling. The main single-family dwelling must meet the current off-street parking standard in effect at the time the junior accessory dwelling unit is approved. Alternative 1. No additional parking. No additional parking is required beyond that required when the existing primary dwelling was constructed. Alternative 2. Current language Same as “San Rafael Standard Option” 4th St 5th Ave 3rd St C StD St2nd St Andersen Dr Point San Pedro R dFrancisco Blvd ELas Gallinas AveLi n c o l n Av e I rwi n StB StGrand AveCanal St Knight DrW oodla n d A veE StM ontecillo Rd Kerner BlvdR iviera D rVendola DrSmith Ranch Rd Du Boi s StBret Harte RdG St1st St Belle AveSummit AveAdrian W ayA StLea DrH StRedwood HwyTamarack DrNorth Ave Jewell StM a in D r Las Colindas RdDel Ganado Rd Los Ranchi tos RdEsmeyer Dr Peacock DrC ivic C e nter D r Biscayne Dr Bayview Fire Rd Bellam BlvdUpper Toyon Dr Devon DrTrellis DrArias St Mann Dr Center St McInnis PkwyM argarita DrFairhills Dr Union StTerrace AveNorthgate DrNye StVilla A ve Mountain View AveRidgewood Dr Paul DrBay WayLocust Ave Robinhood Dr Lochinvar Rd Ross St S an M arino D rMission Ave Clark StLindaro StLinden LnHolly Dr Clorinda Ave Fa i r Dr Park StSolano St C an tera W a yButternut DrUpper Rd S h o r e l i n e P a t h Belvedere StLas Pavadas AveF StCircle RdRanch RdM abry W ay Rosal WayForbes Ave Larkspur St McNear Fire Rd K StLas Ovejas AveLeona DrM adera St O uter Levee Trl Peacock Gap TrlSunny Oaks Dr Duran Dr Palm AveO leander D rSky vi e w Te r Mc Ne a r DrClub DrCatalina BlvdBayview Dr Locksly Ln Beach Dr Gary PlMeyer RdCorrillo DrMeriam Dr Rose StGlacier PtSchmidt Ln Shoreline PkwyPicnic Ave Marina BlvdL ag oon R d Hickory Ln O xford DrSilveira PkwyElda DrElena Cir Summit Rd Merrydale Rd Alexander Ave W aterside Cir Ivy LnHappy LnAcacia AvePelican WayM a r k D r Castlewood DrNorthgate MallOak Dr Medway RdFowler CtHillview AvePark Ri dge RdOakhurst Rd Bahia LnGrove StJefferson Ave Sunset Way Roosevelt Ave Aquinas DrJessup StPoco PasoMooring Rd Clayton St Le i t h LnMaple St Morphew StWatt Ave Market StRay CtHolmes AveTeton CtTralee Way Cijos StGilbert St... N W P R R ...Oak AveMain Dr ® City of San RafaelBus Stops - All 0 1 20.5 Miles City Limits Bus Stops Half_Mile_Radius San Pablo Bay San Rafael Bay 4th St 5th Ave 3rd St C StD St2nd St Andersen Dr Point San Pedro R dFrancisco Blvd ELas Gallinas AveL i n c o l n Av e I rwi n StB StGrand AveCanal St Knight DrW oo dlan d A veE StM ontecillo Rd Kerner BlvdR iviera D rVendola DrSmith Ranch Rd Du Boi s StBret Harte RdG St1st St Belle AveSummit AveAdrian W ayA StLea DrH StRedwood HwyTamarack DrNorth Ave Jewell StM a in D r Las Colindas RdDel Ganado Rd Los Ranchi t os RdEsmeyer Dr Peacock DrC ivic C e nter D r Biscayne Dr Bayview Fire Rd Bellam BlvdUpper Toyon Dr Devon DrTrellis DrArias St Mann Dr Center St McInnis PkwyM argarita DrFairhills Dr Union StTerrace AveNorthgate DrNye StVilla A ve Mountain View AveRidgewood Dr Paul DrBay WayLocust Ave Robinhood Dr Lochinvar Rd Ross St S an M arino D rMission Ave Clark StLindaro StLinden LnHolly Dr Clorinda Ave Fa i r Dr Park StSolano St C an tera W ayButternut DrUpper Rd S h o r e l i n e P a t h Belvedere StLas Pavadas AveF StCircle RdRanch RdM abry W ay Rosal WayForbes Ave Larkspur St McNear Fire Rd K StLas Ovejas AveLeona DrM adera St O uter Levee Trl Peacock Gap TrlSunny Oaks Dr Duran Dr Palm AveO leander D rSky vi e w Te r Mc Ne a r DrClub DrCatalina BlvdBayview Dr Locksly Ln Beach Dr Gary PlMeyer RdCorrillo DrMeriam Dr Rose StGlacier PtSchmidt Ln Shoreline PkwyPicnic Ave Marina BlvdL a go o n R d Hickory Ln O xford DrSilveira PkwyElda DrElena Cir Summit Rd Merrydale Rd Alexander Ave W aterside Cir Ivy LnHappy LnAcacia AvePelican WayM a r k D r Castlewood DrNorthgate MallOak Dr Medway RdFowler CtHillview AvePark Ri dge RdOakhurst Rd Bahia LnGrove StJefferson Ave Sunset Way Roosevelt Ave Aquinas DrJessup StPoco PasoMooring Rd Clayton St Lei t h LnMaple St Morphew StWatt Ave Market StRay CtHolmes AveTeton CtTralee Way Cijos StGilbert St... N W P R R ...Oak AveMain Dr ® City of San RafaelBus Stops - Local 0 1 20.5 Miles City Limits Bus Stop - Local Half Mile Radius - Local San Pablo Bay San Rafael Bay 4th St 5th Ave 3rd St C StD St2nd St Andersen Dr Point San Pedro R dFrancisco Blvd ELas Gallinas AveLi n c o l n Av e I rwi n StB StGrand AveCanal St Knight DrW oodla n d A veE StM ontecillo Rd Kerner BlvdR iviera D rVendola DrSmith Ranch Rd Du Boi s StBret Harte RdG St1st St Belle AveSummit AveAdrian W ayA StLea DrH StRedwood HwyTamarack DrNorth Ave Jewell StM a in D r Las Colindas RdDel Ganado Rd Los Ranchi tos RdEsmeyer Dr Peacock DrC ivic C e nter D r Biscayne Dr Bayview Fire Rd Bellam BlvdUpper Toyon Dr Devon DrTrellis DrArias St Mann Dr Center St McInnis PkwyM argarita DrFairhills Dr Union StTerrace AveNorthgate DrNye StVilla A ve Mountain View AveRidgewood Dr Paul DrBay WayLocust Ave Robinhood Dr Lochinvar Rd Ross St S an M arino D rMission Ave Clark StLindaro StLinden LnHolly Dr Clorinda Ave Fa i r Dr Park StSolano St C an tera W a yButternut DrUpper Rd S h o r e l i n e P a t h Belvedere StLas Pavadas AveF StCircle RdRanch RdM abry W ay Rosal WayForbes Ave Larkspur St McNear Fire Rd K StLas Ovejas AveLeona DrM adera St O uter Levee Trl Peacock Gap TrlSunny Oaks Dr Duran Dr Palm AveO leander D rSky vi e w Te r Mc Ne a r DrClub DrCatalina BlvdBayview Dr Locksly Ln Beach Dr Gary PlMeyer RdCorrillo DrMeriam Dr Rose StGlacier PtSchmidt Ln Shoreline PkwyPicnic Ave Marina BlvdL ag oon R d Hickory Ln O xford DrSilveira PkwyElda DrElena Cir Summit Rd Merrydale Rd Alexander Ave W aterside Cir Ivy LnHappy LnAcacia AvePelican WayM a r k D r Castlewood DrNorthgate MallOak Dr Medway RdFowler CtHillview AvePark Ri dge RdOakhurst Rd Bahia LnGrove StJefferson Ave Sunset Way Roosevelt Ave Aquinas DrJessup StPoco PasoMooring Rd Clayton St Le i t h LnMaple St Morphew StWatt Ave Market StRay CtHolmes AveTeton CtTralee Way Cijos StGilbert St... N W P R R ...Oak AveMain Dr ® City of San RafaelTransit Station 0 1 20.5 Miles City Limits SMART Station Half Mile Radius - SMART San Pablo Bay San Rafael Bay S Hwy 1 0 1 N H wy 101 4th St 5th A v e E H w y 5 8 0 W H w y 5 8 0 3rd St D StC St2nd St Andersen Dr P o in t S a n P ed ro R d Francisco Blvd ELas Gallinas AveLi nc o l n Av e B StIrwi n StGrand AveCanal St Knight DrWo o dla n d A v e M o ntecillo R d E StKerner BlvdDu Boi s StBelle Ave Vendola DrR iv ie r a D r G StSmith Ranch Rd 1st St B ret H arte R dA StA drian W ayRedwood HwyH StJewell StN orth A ve Lea DrM a i n D r Tamarack DrLas Colindas RdDel Ganado Rd Los Ranchitos RdPeacock DrCi v ic Ce n t e r Dr Biscayne Dr Upper Toyon Dr Devon DrTrel l i s DrArias St McInnis PkwyC e nter St Union StFairhills Dr Terrace AveNye StV illa A v e M argarita D rMountain View AveSpring Hill Fire Rd Ridgewood DrNorthgate DrBay WayRoss St Jacoby StMission Ave Robinhood DrPaul DrLaurel Pl Lochinvar Rd Mill St Holly Dr S a n M a r in o D r Linden LnLindaro StClark StClorin da A ve Solano St Los Gamos DrKinross DrFair DrPark StC a n te r a W a yButternut DrSea WayBelvedere St Front St Upper Rd F StLas Pavadas AveS h o r e l i n e P a t hCircle RdRanch RdM a bry Wa y Rosal W ayM cN ear F ire R d K StNovato St Larkspur StLas Ovejas AveLeona DrPeacock Gap TrlMa d era StPalm AveSkyvi ew TerScenic Ave Bayview Dr Duran Dr O le a n d e r D r Locksly LnClub DrRose StBeach Dr Meyer RdGary PlC orrillo D rM eria m D r Schmidt Ln Picnic Ave Las Casas DrL a g o o n R d Marina BlvdAuburn St Hickory Ln Silveira PkwyEstancia Way O xfo rd D rElda DrElena Cir A cacia AveM errydale R d Ivy LnHappy LnMary StPaloma Ave Castlewood DrHillview AveNorthgate MallM a r k D r M irada A veFowler CtPark Ri dge RdOakhurst RdGrove StJefferson A ve R oosevelt A veForest LnIda StWest End AvePoco PasoAquinas DrMooring Rd Clayton St Stevens PlLei t h LnMorphew StH ol m es A ve Ray CtTeton CtLo well Ave Cijos StForbes Ave ...Oak AveNWP RR...Irwin St...K er n er B lv d Main Dr N WP R R City of San Rafael Road Width ®City Limits Road Width 8 - 13 feet 14 - 19 feet 20 - 25 feet 0 1 20.5 Miles San Pablo Bay San Rafael Bay NORTH SOUTH EAST S Hw y 1 0 1Las Gallinas AveM ontecillo Rd Vendola DrSmith Ranch Rd Adrian W ayRedwood HwyNorth Ave Lea DrM a in D r Tamarack DrLas Colindas RdDel Ganado Rd Los Ranchi t os RdC ivic C e nter D r Devon DrTrel l i s DrArias St McInnis PkwyFairhills Dr Villa A ve Spring Hill Fire Rd Ridgewood DrNorthgate DrPaul DrHolly Dr Los Gamos DrFai r DrButternut DrUpper Rd Las Pavadas AveCircle RdRanch RdM abry W ay Rosal WayLas Ovejas AveLeona DrSkyvi e w Te r Duran Dr O leander D rClub DrCorrillo DrM eriam Dr Schmidt Ln Hickory Ln Silveira PkwyEstancia Way O xford D rElda DrElena Cir Merrydale Rd Happy LnNorthgate MallM a r k D r M irada AveFowler CtPark Ri dge RdJefferson Ave Roosevelt AveForest LnPoco PasoAquinas DrHolmes Ave Ray CtTeton CtLowell Ave...City of San RafaelRoad Width - North ®City Limits RoadWidth 8 - 13 feet 14 - 19 feet 20 - 25 feet 0 0.5 10.25 Miles N Hwy 101 4th St 5th A ve E H w y 580 3rd St D StC St2nd St Andersen Dr Point San Pedro R dFrancisco Blvd E L i n c o l n Av e B StIrwi n St Grand AveCanal St W oo dla n d A veE StKerner BlvdDu Boi s St Belle AveG St1st St Bret Harte RdA StH StJewell StUpper Toyon Dr C enter St Union StFairhills Dr Terrace AveNye StVilla A ve M argarita DrMountain View AveRidgewood Dr Bay WayRoss St Jacoby St Mission Ave Robinhood Dr Laurel Pl Lochinvar Rd Mill StLinden LnLindaro StClark StClorinda Ave Solano St Kinross DrFa i r Dr Park StSea WayBelvedere St Front StF StS h o r e l i n e P a t hCircle RdRanch RdK StNovato St Larkspur St M adera StPalm AveScenic Ave Bayview Dr Locksly Ln Rose StMeyer RdGary PlPicnic Ave Las Casas DrMarina BlvdAuburn StAcacia AveMerrydale Rd Ivy LnHappy LnMary StPaloma Ave Hillview Ave Oakhurst RdGrove StIda StWest End AvePoco PasoAquinas DrMooring Rd Clayton St Stevens PlLei t h LnRay CtCijos StForbes Ave Oak AveNWP RR...Irwin StK erner Blvd N W P R R City of San RafaelRoad Width - South ®City Limits Road Width 8 - 13 feet 14 - 19 feet 20 - 25 feet 0 0.5 10.25 Miles N Hwy 101 3rd St2nd St Andersen Dr Point San Pedro R dFrancisco Blvd E L i n c o l n Av e B StIrwi n St Grand AveCanal St Knight DrW oo dla n d A ve Kerner BlvdDu Boi s St Belle Ave R iviera D rA StJewell StPeacock DrC ivic C e nter D r Biscayne Dr Union StNye StVilla A ve M argarita DrMountain View AveBay WayRobinhood Dr Laurel Pl Lochinvar Rd Mill St San M arino D rLinden LnLindaro StKinross DrFa i r Dr Park StC an tera W aySea WayBelvedere St Front St M cN ear Fire R dNovato St Larkspur St Peacock Gap TrlPalm AveBayview Dr Locksly Ln Beach Dr Meyer RdMeriam Dr Picnic Ave Las Casas DrL agoon R d Marina BlvdAcacia AveMerrydale Rd Ivy Ln Mary StPaloma Ave Castlewood DrJefferson Ave Roosevelt Ave Aquinas DrMooring RdStevens PlLei t h LnHolmes Ave Cijos St......Oak AveIrwin StMain Dr N W P R R City of San RafaelRoad Width - East ®City Limits Road Width 8 - 13 feet 14 - 19 feet 20 - 25 feet 0 0.5 10.25 Miles