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HomeMy WebLinkAboutPresentation on Item 8 - Ordinance amending Accessory Dwelling UnitsCitywide CODE-0107-2017 Review of amendments to Title 17 (Zoning Regulations) of the Municipal Code associated with Accessory Dwelling Unit and Junior Accessory Dwelling Unit provisions with a Statutory Exemption from Environmental Review February 4, 2020 Applicant: City of San Luis Obispo Recommendation 2 1. Introduce an ordinance to amend Title 17 of the Municipal Code, as recommended by Planning Commission with a statutory exemption from environmental review. 2. Adopt an Emergency Ordinance approving amendments to Title 17 of the Municipal Code, with a statutory exemption from environmental review. Background ◼Effective January 1, 2020 ◼Amended CA Government Code Section 65852.2 & 65852.22 ◼Without update to City ordinance, ADU and JADU applications must be approved if compliant with state language within 60 days 3 SB 13AB 68, 670, 881 Accessory Dwelling Unit (ADU) ◼“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as a single -family or multifamily structure is or will be situated 4 State ADU Changes 5 ◼ADUs now allowed on multi family properties ◼ADU permitting cannot require owner-occupancy ◼ADUs up to 16’ in height must receive ministerial approval ◼ADUs that eliminate parking are not required to replace parking ◼ADUs require only a 4’ setback from side and rear lot lines ◼ADUs that meet requirements must be approved in 60 days Significant changes 6 Previous City Ordinance Under State Language Proposed City Ordinance Size Maximum (square feet)800 sf 1200 sf 1000 sf* Multifamily Properties Not allowed Allowed Allowed* Owner- Occupancy Required Not Required Not Required* Side and Rear Setback Req’ 5 Feet (or more) 4 Feet Minimum 4 Feet Minimum* Height Normal Zoning Standards Must allow 16 Feet 16 Feet Maximum* *Stricter limits cannot be established Junior Accessory Dwelling Unit (JADU) ◼“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. 7 State JADU Language 8 ◼Junior Accessory Dwelling Units now required to be approved through a ministerial process. ◼Requirements and Limitations on JADUs are set by the state, and include: ◼Limit of 500 sf ◼Must be within a single-family residential structure ◼Owner-Occupancy of property ◼State language does not allow for less restrictive standards to be set by the City ◼Can be combined on lot with detached ADU Proposed Height Limitation of 16 feet 9 ◼State law allows a city ordinance to include a maximum height requirement, but not less than 16 feet ◼City ordinance cannot require a setback of more than 4 feet for ministerial approval. ◼Exceptions to the height requirement can be approved through a Director’s Action application. ◼Setbacks that address privacy and solar exposure on upper stories will be approved Proposed Height Limitation of 16 feet 10 Proposed Size Limitation of 1000 11 ◼Units are intended to be “accessory” dwelling units ◼Ordinance can no longer limit size of detached units based on the area of primary residence. ◼Over-incentivizing ADUs may leave regular density unused. Clarification on Impact Fees and Utilities 12 ◼The City does not currently collect impact fees for ADUs. This ordinance update does not change impact fees. ◼Language about impact frees is included in the update to be consistent with state language. ◼Typically, new or upgraded utility connections are only required if the existing laterals do not support the additional flows required by the new unit(s) Clarification on ADU to JADU Conversion 13 ◼JADUs must be created from existing livable square footage of a single-family residence ◼As ADUs are considered a separate unit, they are not included as a part of the single-family residence. ◼More substantial limits apply to JADUs than ADUs. Emergency Ordinance 14 ◼Provides a clear understanding what requirements are to be followed in connection to City regulations (already seen confusion interpreting/applying State Language) ◼44 Days until ordinance is in effect likely creates a “rush” to have applications approved before then if not consistent with City ordinance. ◼State requirements do not provide protections for solar exposure or address privacy concerns Clarification on Wastewater Flow Offset 15 ◼State language allows for a City to create areas where ADUs are not allowed based on water and sewer capacity and availability. ◼Muni Code 13.08.396 allows for development within capacity constrained areas through offsetting a project’s additional demand. ◼Offset calculations are based on the sewage generation and peaking factors identified in the uniform design criteria, found in the City’s adopted engineering standards. Recommendation 16 1. Introduce an ordinance to amend Title 17 of the Municipal Code, as recommended by Planning Commission with a statutory exemption from environmental review. 2. Adopt an Emergency Ordinance approving amendments to Title 17 of the Municipal Code, with a statutory exemption from environmental review. ADU to JADU Modification to Language to allow some flexibility 17 d. Location. A junior accessory dwelling unit must be created within the walls of a proposed or existing primary dwelling. Conversion of an existing garage or attached accessory dwelling unit into a junior accessory dwelling unit is not permit by this section. What is Inflow and Infiltration (I/I)? Inflow is stormwater that enters the wastewater collection system at points of direct connection Infiltration is water that flows through the ground into the wastewater collection system through cracked sewer mains and/or private sewer laterals I/I -Recent Studies Average Dry Weather Flow Conditions Peak Wet Weather Flow Conditions Capacity Constraints