DISCUSSION
The proposed code amendment is intended to be consistent with new State law regulations pertaining to ADUs and JADUs.
The following discussion describes the most significant State law changes affecting ADUs and JADUs that have been incorporated in the proposed ordinance.
Permitted Zones
State law now requires ADUs to be permitted on lots where either single-family and multiple-family residential developments are permitted. The proposed ordinance will allow ADUs on any lot in the City that is zoned to allow single-family or multiple-family residential uses.
State law now requires local jurisdictions to allow JADUs in all zones that allow single-family uses. The proposed ordinance will allow JADUs within proposed or existing legally developed single-family dwellings on any lot in the City that is zoned to allow single-family residential uses.
Minimum Lot Size
State law prohibits local jurisdictions from imposing a minimum lot size requirement to develop an ADU and JADU. The proposed ordinance will comply with State law and will not impose a minimum lot size to develop ADUs and JADUs.
Number of ADUs and JADUs Permitted
State law now requires local jurisdictions to allow one (1) ADU and/or one (1) JADU on a lot developed or proposed to be developed with a single-family residence. State also law requires local jurisdictions to allow at least two (2) detached ADUs on lots developed or proposed to be developed with a multiple-family development, and to allow multiple ADUs to be constructed within portions of existing multiple-family dwelling structures not used as livable space, such as storage rooms, boiler rooms, passageways, attics, basements, garages, etc. up to 25% of the existing multiple-family units.
The proposed ordinance will allow one (1) ADU, constructed through new construction or through a conversion, and/or one (1) JADU on a lot developed or proposed to be developed with a single-family residence, as applicable.
Furthermore, the proposed ordinance will allow up to two (2) attached or detached ADUs to be developed on a lot with a proposed or existing multiple-family development. Also, multiple ADUs will be allowed to be constructed within portions of existing multiple-family dwelling structures not used as livable space, up to 25% of the existing multiple-family units.
Maximum Unit Sizes
State law allows detached ADUs up to a maximum size of 1,200 square feet, and attached ADUs up to 50% of the existing primary unit or 1,200 S.F. During the interim period since January 1, 2020, the City has approved ADUs up to 1,200 square feet in size, which is consistent with State law.
The proposed ordinance will be consistent with State law, and will allow detached ADUs up to a maximum unit size of 1,200 square feet. For attached ADUs, the ADU will be limited to fifty (50) percent of the floor area of the primary unit or 1,200 square feet, whichever is less. If the primary residence is less than 1,600 square feet, an ADU of at least 800 square feet will be allowed.
Finally, State law limits the maximum size of an JADU to 500 square feet. The proposed ordinance will comply with State law, and will allow JADUs to range in size from 220 square feet to 500 square feet.
Number of Bedrooms Permitted
State law does not regulate the maximum number of bedrooms allowed in an ADU. Since January 1, 2020, the City has only approved ADUs with up to two (2) bedrooms pending approval of a new ordinance that would allow for more than two (2) bedrooms. Staff has observed that a 900 square foot ADU can accommodate up to three (3) bedrooms. The proposed ordinance will allow up to three (3) bedrooms in an ADU, which gives larger households the opportunity to live in an ADU with sufficient sleeping rooms to serve the needs of the occupants, especially the needs of larger families.
Since JADUs will be limited to a maximum size of 500 square feet, the maximum number of bedrooms that can be accommodate within a JADU is one (1) bedroom.
Required ADU Parking
State law establishes the minimum parking requirements for ADUs and JADUs. The proposed ordinance will comply with State law, and will require one (1) parking space for ADUs not located within one-half mile walking distance from a bus stop. Furthermore, no parking will be required for ADU conversions or for JADUs pursuant to State law.
Replacement Parking
State law now prohibits local jurisdictions from requiring replacement parking if a garage, carport or covered parking structures is demolished to accommodate an ADU or ADU conversion. The proposed ordinance will comply with State law, and will not require replacement parking if a garage, carport or covered parking structures are demolished to accommodate an ADU or ADU conversion.
ADU Setbacks
State law now requires a minimum side and rear yard setback of 4 feet for all new, attached or detached, ADUs. The proposed ordinance will comply with State law, and will allow detached and attached ADUs to maintain a rear and side yard setback of 4 feet.
Other ADU and JADU Requirements
State law no longer requires owner-occupancy of one of the units; however, for properties developed with JADUs, local jurisdictions can impose the owner-occupancy requirement. The proposed ordinance will impose owner-occupancy requirements for JADUs.
In addition, the proposed ordinance will expressly prohibit ADUs and JADUs from being rented as short-term rentals with occupancies of 30-days or less, which is consistent with State law.
The proposed ordinance will allow (but not require) separate utilities for ADUs; however, no separate utilities will be allowed for a JADU due to the owner-occupancy requirement.
State law has reduced the time a local jurisdiction has to review and approve plan check applications for ADUs and JADUs from 120 days to 60 days from the time a complete application is received by the City.
State law has limited the development impact fees that local jurisdictions can charge for ADUs and JADUs. ADUs and JADUs less than 750 square feet in size can no longer be charged impact fees, including traffic mitigation, parkway tree, park facility, and drainage fees. For ADUs greater than 750 square feet, the impact fees must be charged proportionately in relation to the square footage of the main unit.
Attachment 1 provides a comprehensive comparison of the 2017 ADU Ordinance, the State law regulations, and proposed ADU and JADU regulations.
Once the proposed ordinance is adopted by the City, a copy of the ordinance will be submitted to the Department of Housing and Community Development (HCD) for review for compliance with State law.