DISCUSSION
The purpose of the proposed code amendment is to be in compliance with the recent changes to state law due to SB 1069 and AB 2299 that relates to accessory dwelling units (ADUs), and Proposition 64 that relates to cannabis activities.
ACCESSORY DWELLING UNITS (ADUs)
The proposed amendment will update the definition, parking, unit size, minimum lot size, and other requirements that will facilitate the creation of accessory dwelling units (ADUs) in R-1 (Single-Family Residential) zoned properties improved with an existing single-family home pursuant to SB 1069 and AB 2299. Accessory dwelling units can be created through new construction or through the conversion of existing permitted space within the residence or within an accessory structure.
New Accessory Dwelling Unit Definition:
Title 9 of the Municipal Code currently classifies accessory dwelling units as a “second unit.” The recent changes to state law now refer to “second units” as “accessory dwelling units” (ADUs). The proposed code amendment will amend the definition for second units to align with the state’s definition, and all references in the Municipal Code to a “second unit” will be changed to “accessory dwelling unit.”
New Attached or Detached Accessory Dwelling Units (ADUs) standards:
New accessory dwelling units will continue to be allowed in the R-1 (Single-Family Residential) zone, and the ADU can be designed as a one-story unit that is attached to the primary residence or as a one-story detached unit. This section will discuss the minimum lot size, the minimum unit size, parking, and setback requirements that will apply to attached and detached ADUs.
Minimum Lot Size
The proposed code amendment will reduce the minimum lot size required to construct a new accessory dwelling unit in the R-1 zone from 9,000 square feet to 7,200 square feet. Since the intent of the state law is to facilitate the development of ADUs to meet the state’s current housing crisis, reducing the minimum lot size from 9,000 square feet to 7,200 square feet will accomplish this goal, while continuing to provide sufficient land area for property owners to comply with the development standards of the R-1 zone.
Minimum and Maximum Unit Sizes
The proposed code amendment will increase the maximum living area of new attached or detached ADUs from 700 square feet to 800 square feet. State law allows local jurisdictions to establish reasonable minimum and maximum unit sizes for attached or detached ADUs within the guidelines that attached ADUs cannot exceed 50% or 1,200 square feet of the existing dwelling unit and detached accessory units cannot exceed 1,200 square feet. The California Department of Housing and Community Development (HCD) has determined that the typical ADU size can range from 800 square feet to 1,200 square feet, and increasing the permissible maximum unit size from 700 to 800 square feet will help ensure consistency with state law.
State law also requires jurisdictions to include provisions that will allow the construction of efficiency units. Efficiency units are smaller units, about 220 square feet in size, as determined by the California Building Code, that include a kitchen, sink, cooking appliance, refrigerator, and bathroom facility. The proposed code amendment will include provisions that will allow the construction of efficiency units.
Required ADU Parking:
State law has established new parking requirements for ADU’s. Pursuant to state law, the maximum parking requirements that can be applied to ADUs are one (1) space per bedroom or per unit, and the parking can be designed as tandem parking located along the existing driveway or within a setback area. State law also prohibits local jurisdictions from requiring any additional parking spaces if the ADU is located within one-half mile from public transit; if the ADU is located within an architecturally and historically significant district; if the ADU is part of the existing primary residence or an existing accessory structure; if on-street parking permits are required, but not offered to the occupant of the ADU; or if a car-share vehicle station is located one block from the ADU. The proposed code amendment will amend the parking requirements for ADUs to comply with these new requirements. The zoning code will continue to require one (1) parking space for a studio or one (1) bedroom unit or two (2) parking spaces for two (2) bedroom units, and will allow these spaces to be provided as tandem parking spaces. The proposed code amendment will also eliminate the current one-car enclosed garage parking requirement for ADUs to comply with state law.
The state law also limits the type of replacement parking that may be required for the primary residence if an existing enclosed garage is demolished or converted to accommodate the ADU. State law now provides that when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, the replacement parking spaces may be located in any configuration on the same lot as the ADU, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. The proposed code amendment will introduce new language to address replacement parking for the main residence.
ADU Setbacks:
The proposed code amendment will amend the setback requirements for new ADU’s to comply with either the R-1 zone setbacks for attached single-story additions or the setbacks for detached one-story accessory structures. The current setbacks that apply to new ADUs can propose a challenge to property owners as the setbacks are more restrictive, and typically range from 20’-0” to 25’-0” depending on the depth of the lot. The proposed code amendment will:
- Allow attached ADUs to comply with the rear setback that apply to one-story single-family additions. This will allow one-story attached ADUs to be constructed up to 10’-0” to the rear property line provided the ADU complies with the required 1,000 square foot of open space in the rear setback area, and the 50% lot coverage requirement.
- Allow detached ADUs to comply with the rear setbacks that apply to detached accessory structures. This will allow one-story detached ADUs to be constructed up to 5’-0” to any rear and side property line provide the ADU complies with the 1,000 square foot open space requirement in the rear yard setback area, as well as the 50% lot coverage requirement.
Conversion of Existing Area within an Existing Single-Family Home or Conversion of an Existing Accessory Structure to an ADU:
The proposed code amendment will introduce new language that will allow the creation of ADUs through conversions. State law allows a homeowner to convert existing space within an existing single-family home or permitted accessory structure into an ADU with minimal restrictions. ADU conversions will only be permitted in the R-1 zone; however, state law specifies that ADUs contained within an existing permitted structure cannot be subject to height, setback, lot size, lot coverage, unit size, architectural review, landscape, parking or other similar development standards. Also, a building permit cannot be denied for ADU conversions on the basis that the lot or the structure being converted is legal nonconforming. Nevertheless, the conversion of an existing space into an ADU must comply with all applicable California building code requirements, including the plumbing code, electrical code, and energy code.
ADUs that are created through a conversion are not required to provide additional parking for the ADU. Only the required parking for the primary dwelling unit must be accommodated on the property. If a garage conversion is proposed, the property owner would not be required to construct a new enclosed garage to serve the primary residence; however, the property owner can replace the required parking spaces for the primary residence as covered spaces, uncovered spaces, tandem spaces, or through the use of mechanical automobile parking lift. Nevertheless, the total number of required parking spaces to serve the primary residence must remain on the property.
Other Requirements for New Attached/Detached ADUs and ADUs Conversions:
The code will continue to require the property owner to reside on the same property as the ADU. If the property owner ceases to reside on the property, the ADU will automatically become a non-habitable space, and the ADU cannot be used as a dwelling unit or rented or leased. The code amendment will introduce a new provision that prohibits ADUs from being rented as a short-term rental with occupancies of less than 30-days.
The code will continue to require ADUs to be served by the same water, sewer, gas, and electrical connections that serve the primary residence, and no separate utility meters will be allowed for the ADU.
The code will also continue to require that property owners record a land use restriction by which the property owner acknowledges and agrees to comply with the ADU development standards of Title 9 of the Municipal Code.
Other new requirements applicable to ADUs per state law include that ADUs are not required to have fire sprinklers if fire sprinklers are not required for the primary residences, and ADU applications must be approved ministerially within 120-days of submitting a complete application to the City.
Variances:
Finally, the sentence at section 9.08.020.050.L.12 requiring any owner that is unable to comply with the development standards and conditions of the ADU regulations to first apply for and secure a variance will be deleted. Variances are discretionary permits. State law now requires non-discretionary or ministerial approval of ADUs. New ADUs must comply with the new development standards or be denied.
CANNABIS
In order to conform to the November 8, 2016 passage of Proposition 64, the proposed Ordinance will continue to prohibit marijuana business activities in the City, but will provide an exemption for adults 21 years or older cultivating up to six living marijuana plants inside a private residence, or inside an accessory structure that is fully enclosed and securely located at that private residence.
Furthermore, in 2011 the City had adopted a registration process for medical marijuana dispensaries to identify unauthorized medical marijuana dispensaries operating in the city and prohibit any new medical marijuana dispensaries while new regulatory and zoning provisions were developed and considered. Because the City ultimately adopted a complete ban against marijuana business activities, the proposed Ordinance will repeal the registration provisions, Chapter 5.85 of the Municipal Code.