HomeMy WebLinkAboutCouncil Agenda Report (2017-05-02) - Ordinance Introduction - amendments to Title 17 - Zoning Regulations associated with Accessory Dwelling Units with Statutory Exemption From Environmental ReviewMeeting Date: 5/2/2017
FROM: Michael Codron, Community Development Director
Prepared By: Jenny Wiseman, Acting Housing Programs Manager
SUBJECT: REVIEW OF AMENDMENTS TO MUNICIPAL CODE TITLE 17: ZONING
REGULATIONS, ASSOCIATED WITH ACCESSORY DWELLING UNIT
PROVISIONS WITH A STATUTORY EXEMPTION FROM
ENVIRONMENTAL REVIEW
RECOMMENDATION
Introduce an ordinance to amend Title 17 (Zoning Regulations) of the Municipal Code
Attachment E) with a statutory exemption from environmental review.
SUMMARY
On September 27, 2016, Governor Brown signed Assembly Bill 2299 ("AB 2299") and Senate
Bill 1069 ("SB 1069") into law, both of which became effective on January 1, 2017. These two
bills amended various sections of the California Government Code related to second dwelling
unit (“SDU”) regulations, which are now referred to as “accessory dwelling units or “ADUs.”
The new laws regulate parking, type and size of units, approval process and timelines, and water
and sewer utility requirements. One of the primary purposes of the legislation is to facilitate the
creation of these units to assist with the state housing crisis. The Community Development
Department prepared a draft Ordinance to amend the City’s Zoning Regulations Chapter
17.21.010 for compliance with these new state laws. The Planning Commission has reviewed the
draft ordinance and recommended adoption with some modifications that are outlined below.
BACKGROUND
California Government Code Section 65852.2 requires local governments to use a ministerial
i.e. by-right) process for the review of ADU applications, subject to certain development
standards. As required, in 2003 the City Council adopted the City’s existing Ordinance (Zoning
Code Section 17.21.010) to allow SDUs in all single-family residential zoning districts subject to
certain criteria (e.g. minimum lot size requirement, owner-occupancy requirement, various
development standards such as size, setback, and height limits, etc.), except where prohibited by
the Ordinance.
With the passage of the two new bills, the amended State Law invalidates a local agency's
existing SDU ordinance if it does not comply with all of the requirements of the newly adopted
state standards by January 1, 2017. Since the City’s existing SDU ordinance is inconsistent with
the new bills, the Community Development Department is proposing to amend the City's
existing Secondary Dwelling Unit Ordinance (Chapter 17.21.010 of the Zoning Regulations),
and other applicable sections, to align with the amended state law. This will allow the City to
continue to regulate the development of ADUs in a manner that is consistent with local housing
policies and objectives to the degree allowed under the new state law.
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Planning Commission Review
On February 28, 2017, the Planning Commission evaluated staff recommended amendments to
ADUs (Attachment D). The Planning Commission supported these amendments, recommending
adoption to the City Council, with the exception of: 1) ADU size, 2) not allowing ADUs on
multi-family zoned parcels, and 3) providing a reasonable “compliance period” for the owner
occupancy requirement. These recommendations are further outlined in the discussion section
below, and incorporated into the draft Ordinance (Attachment D).
DISCUSSION
AB 2299 and SB 1069 amended various sections of the California Government Code that
regulates ADUs, making considerable changes to the ability of local municipalities to regulate
such units (Attachment C). These changes can be categorized into four topic areas, which
include: parking, type and size of units, approval process and timelines, and utility requirements;
it is important to note that some of these state provisions cannot be further restricted or otherwise
modified by the City.
The notable provisions of AB 2299 and SB 1069 are as follows:
Replaces the term "Secondary Dwelling Unit" with "Accessory Dwelling Unit;”
An ADU can either be attached to the existing dwelling, located within the living area of
the existing dwelling, or detached and located on same property as the existing dwelling;
No parking can be required if an ADU meets specified criteria (i.e. ½ mile proximity to a
public transit stop, type of ADU, location within historic district, unavailability of a
required on-street parking permit, and proximity to a shared car service);
o If an ADU does not qualify for parking exemption, only one parking space can be
required per ADU or bedroom (does not have to be a covered space);
No setback can be required for an existing garage that is converted into an ADU, and no
more than five feet of side or rear yard setback can be required for an ADU constructed
above an existing garage;
An ADU cannot be considered as a new residential use for the purpose of calculating
certain utility charges, and cities cannot require a new or separate utility for certain types
of units. However they can count as new residential units to meet Regional Housing
Needs Allocations.
ADUs shall not be required to provide fire sprinklers if they are not required in the
primary residence.
For ADUs which are contained within the existing space of a single family residence or
an accessory structure, no new or separate utility connections can be required and no
connection fees or capacity charges can be imposed.
Main Amendments and Planning Commission Recommendations
All of the recommended Zoning Regulation amendments can be viewed in the legislative draft
Attachment A). Proposed amendments are shown with new language in underlined text and
proposed deleted language is shown in strikethrough. Specific sections that contain larger
revisions are discussed below.
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1. Size Requirements
The legislation set a strict requirement that the minimum size of an accessory dwelling units
must be 150 square feet, defined as an “efficiency unit” by Section 17958.1 of the Health and
Safety Code. This statute of the Health and Safety Code overrides the current Building Code
which requires a minimum of 220 square feet.
The topic of setting a maximum size is widely debated among Cities throughout the State;
however, guidance from the City Attorney’s Office identifies that the legislation allows a
jurisdiction to limit the maximum size of ADUs so long as the size restriction does not
unreasonably restrict the development of ADUs. The City’s existing (now invalid) SDU
ordinance required second units to be no greater than 450 square feet and must be in a studio
unit configuration.
Planning Commission Recommendation: The Planning Commission believed the limitation
of 450 square feet was too restrictive and therefore could be burdensome on the development
of ADUs. The Commission recommends the size of ADUs be as follows: a maximum of fifty
percent of the existing livable square footage of the primary residence up to 800 square feet.
In addition, the applicant can apply for an ADU to be up to 1,200 square feet with a
Director’s approval.1
Staff Response: Support Planning Commission recommendation to allow the maximum size
of an ADU to be a maximum of fifty percent of the existing livable square footage of the
primary residence up to 800 square feet; with a 1,200 square foot maximum to be considered
through a Director’s Action process. A Director’s Action requires a checklist to be
completed and submitted to the Community Development Department, and has a six week
review timeline. In the event the City Council chooses to limit the maximum size to 450
square feet, it is recommended that the Council include findings in the Ordinance specifying
how this size limitation does not unreasonably restrict the development of ADUs (i.e. main
burden is parking requirement, the City is composed of smaller lots and other site constraints
which don’t lend itself well to larger ADUs, etc.)
2. Allowed Locations for ADUs
The legislation requires that ADUs be allowed in all residential zones. Under the City’s
previous secondary dwelling unit regulations, secondary dwelling units could be allowed in
all residential zones (R-1, R-2, R-3, R-4) and Office (O) zones.
Planning Commission Recommendation: The Planning Commission recommended
disallowing ADUs in the Medium-High Density Residential (R-3) and High Density
Residential (R-4) zones to promote greater density uses on those parcels and discourage
underutilizing those parcels.
1 It should be noted that AB 2299 and SB 1069 require review of an ADU application to be ministerial. Staff ’s
recommendation is to have a pure ministerial process for ADUs up to 800 ft2 in compliance with AB 2299 and SB
1069, and a discretionary review process for ADUs between 800 ft2 and 1200 ft2.. A Director’s Action Checklist
Administrative Approval Permit) shall be submitted for review, and must include all items on the checklist, which
is available on the City’s website. Items on the checklist include providing a site plan which identify how the unit
complies with water management plans, fire safety, creek setbacks, and other requirements.
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Staff Response: After full legal review of the legislative language, staff recommends not
incorporating the Commission’s recommendation and continuing to allow ADUs in all
residential and office zones. The language of the new Government Code suggests that in
order to comply with this law, the City must allow an ADU to be permitted in any residential
zone where the primary use of the parcel is a single-family residence.
3. Parking Requirements
SB 1069 and AB 2299 requires jurisdictions to establish the following maximum parking
standards for accessory dwelling units:
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.
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.
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.
Staff Response: Since all but 135 parcels within the City limits met the above criteria
Attachment B), staff is recommending removing the parking requirement to further promote
development of ADUs. In terms of development standards, meeting parking requirements is a
main barrier that prevented most properties from being able to meet the previous ADU
development standards. It is not possible for most otherwise qualifying residential properties
to meet parking requirements for ADUs since they do not have space for the additional
required parking space under current standards.
In addition, the legislation states that replacing required parking for the existing residence
may be located in any configuration (tandem, uncovered, within existing driveways) on the
same lot as the ADU when a garage, carport, or covered parking structure is demolished or
converted in conjunction with the construction of an ADU. These new parking requirements
are reflected in the amended chapter, which were supported by the Planning Commission.
4. Utility Connections
SB 1069 and AB 2299 requires that all impact fees be charged proportionate to the impact of
the ADU. In addition, for an ADU in existing accessory spaces or within the existing primary
structure, a local agency may not require the applicant to install a new or separate utility
connection between the ADU and the utility, and the City may not impose a connection fee.
However, for other ADUs, the City may require a new utility connection subject to a
connection fee and impact fee proportionate to the burden of the proposed ADU.
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Staff Response: Since the Planning Commission and staff are recommending square footage
of ADUs be increased to allow up to 800 square-foot accessory units, the Utilities
Department is reviewing an appropriate impact fee for units of that size. Utilities is currently
reviewing their fee structure according to AB 1600 and will use this opportunity to analyze
and establish a new tier fee for these accessory dwelling units. The timeframe of establishing
this fee is still unknown.
5. Owner Occupancy
The City’s existing secondary dwelling unit ordnance required that the property owner must
reside in either the primary dwelling or the ADU on site; only one of the units may be rented.
Staff and the Planning Commission recommend the City continue this and require owner
occupancy to establish an ADU on the property.
Planning Commission Recommendation: While the Commission recommended keeping the
owner occupancy requirement of the ADU ordinance, they also recommended incorporating
a “hardship provision.” Since the owner of the property must live in either the existing
primary residence or the ADU, should the property be inherited by a family member who
cannot reside in one of the units, or some other similar circumstance, the Commission
recommended a one year grace period to allow the unit to either sit vacant or have both units
on the property be rented while the owner arranges to sell the property or move into one of
the units on the property.
Staff Response: Support Planning Commission recommendation of creating one year grace
period to be incorporated in the Covenant Agreement for Owner Occupancy.
6. Increase Site Coverage from 40 to 50%
Planning Commission Recommendation: Increase the allowable building coverage from 40
to 50 percent to accommodate the development of accessory dwelling units.
Staff Response: All residential zones except for the Low Density Residential Zone (R-1)
currently allows fifty percent lot coverage or more (i.e. the High Density Residential Zone
R-4) allows a sixty percent lot coverage). Staff has analyzed the Planning Commission’s
recommendation and believes that allowing more lot coverage in the R-1 zones could result
in a change in the traditional pattern of development that would introduce more buildings
into areas that are normally backyard spaces. Therefore, staff does not recommend increasing
the allowable coverage to fifty percent for R-1 zones to preserve neighborhood compatibility
and remain consistent with policies in the General Plan.
FISCAL IMPACT
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which
found that overall the General Plan was fiscally balanced. Accordingly, since the proposed
amendments are consistent with the General Plan, it has a neutral fiscal impact.
ENVIRONMENTAL REVIEW
Pursuant to Public Resources Code section 21080.17, the adoption of an ordinance to implement
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Government Code section 65852.2 is exempt from the California Environmental Quality Act
CEQA). Similarly, the ministerial approval of ADU applications would not be a "project" for
CEQA purposes, and environmental review would not be required prior to approving individual
applications.
ALTERNATIVES
1. The Council may modify certain amendments to Zoning Regulation Chapter 17.10.020
Accessory Spaces so long as they are concurrent with Government Code Section 65852.2.
2. The Commission may continue action, if additional information is needed. Direction should
be given to staff.
Attachments:
a - Legislative Draft of Zoning Regulation Amendments
b - Parking Requirement Overview Map
c - HCD Accessory Dwelling Unit Legislation Memo
d - Draft Planning Commission Minutes 2.22.17
e - Draft Ordinance
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Chapter 17.21: Accessory Spaces
Sections:
17.21.010 Secondary Accessory Dwelling Units
17.21.020 Guest Quarters
17.21.030 Accessory Structures
17.21.010 Secondary Accessory Dwelling Units.
A. Purpose.
1. This section is intended to implement Government Code Section 65852(.150) and (.2), which allows
the city to perform administrative architectural review and apply specific development standards to
secondary dwelling units in residential zones.The purpose of this chapter is to provide for the creation
of accessory dwelling units in a manner that is consistent with requirements set forth in California
Government Code Sections 65852.2, as amended from time to time.
2. The city intends to regulate secondary dwelling units as permitted by Section 65852.2(a) of the State
Government Code, and other applicable sections.
The city recognizes opportunities to implement certain policies and programs of the city Housing
Element of the General Plan by providing for and regulating secondary dwelling units.
3.2. Implementation of this section is meant to expand housing opportunities by for low-income and
moderate-income or elderly households by increasing the number of smaller and affordable rental
units available within existing neighborhoods. Secondary dwelling units are intended to provide
livable housing at lower cost while providing greater security, companionship and family support for
the occupants.
B. Definitions.
For the purpose of this section, the following words and phrases have the meanings given them in this section:
1. “Accessory dwelling unit” means an attached or detached dwelling unit which provides complete
independent living facilities for one or more persons and complies with all provisions of this section.
It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same
parcel as the primary unit. An Accessory Dwelling Unit also includes the following:
a. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code .
b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
1. “Administrative use permit” is defined as defined by Chapter 17.58 of this code.
2. “Director” means the director of the Community Development Department or his designate.
3. “Director’s Action” means the required submittal of an Administrative Approval Application and review
by the Community Development Director.
3. “Nonconforming lot” is defined as defined by Chapter 17.12 of this code.
4. “Nonconforming use” is defined as defined by Chapter 17.10 of this 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. Passageways are not required for detached accessory
dwelling units.
5.6. “Primary unit” means an the existing single-family residential structure on the site. that conforms with
all zoning regulations in effect, including this section.
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1. Secondary dwelling unit” means an attached or detached dwelling unit which provides complete
independent living facilities for one or more persons and complies with all provisions of this section.
It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same
parcel as the primary unit is sited.
2. Studio means a one-room dwelling unit with not more than 450 square feet of gross floor area as
defined in Section 17.100.
C. General Requirements.
1. Application. Where this section does not contain a particular type of standard or procedure,
conventional zoning standards and procedures shall apply.
2. Areas Where Secondary Accessory Dwelling Units Are Allowed. Upon meeting the requirements
of this section, accessorysecondary dwelling units may be established in the following zones: R-1,
R-2, R-3, R-4, and O, when the primary use on the site is a single-family dwelling.
3. Areas Prohibited. Secondary dwelling units shall not be allowed on non-conforming lots Secondary
Accessory dwelling units shall not be established in any condominium or planned development
project unless specifically addressed in the planned development ordinance as adopted or amended,
or any mobile home subdivision, or trailer park ., and under no circumstances shall an accessory
secondary dwelling unit be allowed, where in the opinion of the director, a resource deficiency exists
as defined by Chapter 2.44 of this code.
4. Owner Occupancy. Either the primary unit or accessory secondary dwelling unit must be owner-
occupied as an owner’s primary residence.
5. No Subdivision of Property. No subdivision of property shall be allowed where an accessorya
secondary dwelling unit has been established unless the subdivision meets all requirements of zoning
and subdivision regulations. Nothing in this section shall prohibit joint ownership of the property where
a secondary dwelling unit has been established.
6. Sale of Property. This section shall also apply to new owners of property where a secondaryan
accessory dwelling unit has been established if the property is sold. All conditions of a Director’s
Action (if applicable) conditions of the use permit, restrictive covenants, and other contractual
agreements with the city shall apply to the property and new owners.
7. Unit Types Allowed. An accessoryA secondary dwelling unit may be either attached or, detached
or located within the living area ofto the primary unit on the lot.
a. An attached accessory dwelling unit shall be defined as either attached to (by a minimum of
one shared wall), or completely contained within, an existing single family dwelling unit.
b. A detached accessory dwelling unit shall be defined as new residential square footage not
attached or sharing any walls with the primary existing single family dwelling unit.
7.8. Size of Secondary Accessory Dwelling Unit. The gross floor area of anof the secondary accessory
dwelling unit shall be no less than an efficiency unit, defined above, and shall not exceed the lesser
of fifty percent (50%) of the primary unit’s existing living area or eight hundred (800) square feet. four
hundred fifty (450) square feet and shall meet the definition of a studio apartment as defined by
Section 17.100. The Director planning commission may authorize exception to this standard up to
1,200 square feet by a Director’s Action, defined above.use permit upon finding that:
a. The purpose of this section is served;
b. Strict compliance with the size limitation would (a) require significant structural modifications
that would not be required otherwise; or (b) adversely affect an historic or architecturally
significant building.
8.9. Secondary Accessory dwelling units are limited to 1 one (1) unit per qualifying property.
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D. Performance Standards and Compatibility.
1. Design Standards. Secondary Accessory dwelling units shall conform to all applicable zoning
regulations development standards included in the underlying zone such as height, yards, parking,
building coverage, etc. An accessory dwelling unit that conforms to this chapter 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., except for density requirements as defined by Zoning Regulations.
a. Secondary Accessory dwelling units shall conform to all applicable building and construction
codes.
b. Nothing in this section prohibits applicants from requesting exceptions or variances from the
strict interpretation of Zoning Regulations to the extent allowed by said regulations for any
other use.
c. Secondary dwelling units shall be designed as to provide separate living conditions and
provide a safe and convenient environment for the occupants.
d. Secondary dwelling units should also be architecturally and functionally compatible with the
primary residence. (Ord. 1004 1 (part), 1984; prior code 9930)
e. The height of second units should be consistent with surrounding residential structures.
Unless adequate setbacks justify otherwise, secondary dwelling units that result in two -story
construction shall be setback from the first floor to allow for solar access and reduced
overlook.
f. Site planning: Secondary dwelling units should be located behind or above the existing
dwelling on the site. Designs that significantly alter the street appearance of the existing
residence shall be discouraged. The presence or design of the secondary dwelling unit per
se, will not justify granting development exceptions.
g. Private Open Space: A minimum of 250 square feet of private open space must be provided
for secondary dwelling units exclusive of a minimum of 250 square feet to be provided for the
primary residence on the property. Private open space provided at ground level must have
a minimum dimension in every direction of at least 10 feet or 6 feet for spaces above ground
level on an elevated deck or balcony.
h. Significant alterations to landform (grading in excess of 300 cubic yards) or removal of native
trees or significant landscape trees shall be discouraged for the placement of a secondary
dwelling unit.
i. A landscape plan shall be required for new secondary dwelling units. A minimum 5-foot wide
landscape planter with screening shrubs shall separate parking areas from adjacent
properties. Landscape shrubs and trees shall be required for areas between secondary unit
and adjacent properties
b. ..No passageway, defined above, shall be required in conjunction with the construction of a
detached accessory dwelling unit.
j.c. No setback shall be required for an existing garage that is converted to an accessory dwelling
unit, and a setback of no more than five feet from the side and rear lot lines shall be required
for an accessory dwelling unit that is constructed above a garage.
k.d. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required
for the primary residence.
e. Parking. Secondary dwelling units that are 450 square feet or smaller shall require 1 parking
space, regardless of zoning district. Parking for secondary dwelling units may be provided
within driveway areas consistent with 17.17.055 (Front yard parking). For two car garages,
parking for the primary dwelling may be provided in tandem to allow one parking space in the
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driveway for the secondary dwelling unit. Agreement to maintain garage parking for the
tandem parking arrangement shall be reflected on building plans and a covenant agreement
shall be recorded noting the requirement to comply with this condition and granting the City
the right to inspect the premises for compliance. Secondary dwelling units located on si tes
where the primary dwelling unit has a single car width driveway and garage may be provided
consistent with 17.17.055.D. (Single Car Garages and Single Car Parking).No additional
parking spaces shall be required for an accessory dwelling unit.
i. Replacement of Required Parking for Primary Unit: When a garage, carport, or
covered parking structure is demolished or converted in conjunction with the
construction of an accessory dwelling unit, replacement parking spaces may be
located in any configuration on the same lot as the accessory dwelling unit, including
but not limited to covered spaces, uncovered spaces, or tandem spaces .
f. Accessory dwelling units on listeddesignated historic properties and in historic districts shall
be found consistent with the Historic Preservation Ordinance including Historic Preservation
Guidelines and Secretary of Interior Standards for the Treatment of Historic Properties.
Alterations to designated historic properties or structures to allow new construction of an
secondary accessory dwelling unit shall be reviewed by the Cultural Heritage Committee for
consistency with the Secretary of Interior Standards for treatment of a historic property.
g. Where ADUs are being created within an existing structure (primary or accessory), no new
utility connection or payment of impact fees shall be required. For all other ADUs, a new
utility connection for the ADU and payment of impact fees shall be required.
2. Architectural Compatibility. Accessory dwelling units should be architecturally and functionally
compatible with the primary residence. The accessory dwelling unit should comply with the
following design standards:
a. Architectural Style and Form. Architectural style and form should match or be compatible
with the style and form of the primary residence on the site and surrounding structures.
b. Materials. The materials of the accessory dwelling unit should match or be compatible the
materials of the main building on the site.
E. Procedure requirements.
Prior to filing building plans with the City Building Division, the following shall be met: An accessory dwelling
unit that meets the standards contained in Section 17.21.010 shall be subject to ministerial review (Building
Permit) and approval without discretionary review (i.e. Use Permit, Architectural Review, etc.) or public
hearing. All applications shall be permitted within 120 days of submission of a complete application which
complies with all applicable requirements and development standards as set forth in this Chapter.
Any application for an accessory dwelling unit that exceeds the greater of fifty percent (50%) of the primary
unit’s existing living area of eight hundred 9800) square feet may apply for a Director’s Action, defined
above, in which the Community Development Director may authorize an exception to that standard.
A. Architectural Review Required. All requests shall be reviewed for consistency with the City’s
Community Design Guidelines and architectural review ordinance. The director shall determine, upon
receiving complete application, whether the project shall be forwarded to the Architectural Review
Commission for review. All new development projects within Historic Districts or within properties
that contain designated historic structures shall be referred to the Cultural Heritage Committee to be
reviewed for consistency with Secretary of Interior Standards for treatment of a historic property.
B. Application Contents. A Determination of Code Consistency shall be approved prior to the submittal
of documents requesting construction approval. No additional application fees for architectural review
shall be required.
F. Owner Occupancy
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The owner of the property must occupy either the primary residence or the accessory dwelling unit. The
Director may waive this requirement for a period of up to one year based on a showing of hardship. A
hardship shall include, but not be limited to, inheritance of property with an accessory dwelling unit.
F.G. Additional Requirements.Covenant Agreement
Owners Agreement with the City. Prior to the issuance of construction permits a covenant agreement shall
be recorded which discloses the structure’s approved floor plan and status as a “secondary accessory
dwelling unit” and agreeing that the property will be owner-occupied. This agreement shall be recorded in
the office of the County Recorder to provide constructive notice to all future owners of the property. The
covenant agreement also may contain authorization for annual inspections, and to allow the City upon
reasonable time and notice, to inspect the premises for compliance with the agreement and to verify
continued compliance with requirements of this section and health and safety codes. If owner occupancy
is not possible, then the use will terminate, and the structure will be returned to a condition compliant with
applicable regulations, to the satisfaction of the Director.
G. Appeal. Appeal procedures for this section shall be as provided by chapter 2.48.080 (Appeals-
Architectural Review).
H. Violations.
Violation of any of the provisions shall be subject to basic code enforcement action as provided in Title 1 of
this code.
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Chapter 17.22: Use Regulations
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California Department of Housing and Community Development
Where Foundations Begin
Accessory Dwelling Unit
Memorandum
December 2016
Courtesy of Karen Chapple, UC Berkeley
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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? ................................................................. 9
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
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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
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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
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into a junior ADU. This flexibility benefits not just people renting the space, but the homeowner as well, who can
receive an extra monthly rent income.
ADUs give homeowners the flexibility to share independent living areas with family members and others, allowing
seniors to age in place as they require more care and helping extended families to be near one another while
maintaining privacy.
Relaxed regulations and the cost to build an ADU make it a very feasible affordable housing option. A UC Berkeley
study noted that one unit of affordable housing in the Bay Area costs about $500,000 to develop whereas an ADU
can range anywhere up to $200,000 on the expensive end in high housing cost areas.
ADUs are a critical form of infill-development that can be affordable and offer important housing choices within
existing neighborhoods. ADUs are a powerful type of housing unit because they allow for different uses, and serve
different populations ranging from students and young professionals to young families, people 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.
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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.
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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.
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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.
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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 detectors. 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.
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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.
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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.
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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 that 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.
Can ADUs Exceed General Plan and Zoning Densities?
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.
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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.
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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.
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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.
Also, when a garage, carport or covered parking structure is demolished or where the parking area ceases to exist
so an ADU can be created, the replacement parking must be allowed in any “configuration” on the lot, “…including,
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.
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but not limited to, covered spaces, uncovered spaces, or tandem spaces, or….” Configuration can be applied in a
flexible manner to not burden the creation of ADUs. For example, spatial configurations like tandem on existing
driveways in setback areas or not requiring excessive distances from the street would be appropriate.
Are ADUs Permitted in Existing Residence or Accessory Space?
Yes, ADUs located in single family residential zones and existing space of a single family residence or accessory
structure must be approved regardless of zoning standards (Section 65852.2(a)(1)(B)) for ADUs, including
locational requirements (Section 65852.2(a)(1)(A)), subject to usual non-appealable ministerial building permit
requirements. For example, ADUs in existing space does not necessitate a zoning clearance and must not be
limited to certain zones or areas or subject to height, lot size, lot coverage, unit size, architectural review,
landscape or parking requirements. Simply, where a single family residence or accessory structure exists in any
single fam ily 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.
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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 required 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 standar ds
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 .
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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)
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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
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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, sewer or power, including a connection fee. These requirements apply to
all providers of water, sewer and power, including non-municipal providers.
Local governments may adopt requirements for fees related to parking, other service or connection for water,
sewer or power, however, these requirements must be uniform for all single family residences and JADUs are not
considered a new or separate unit.
A housing unit is a house, an apartment, a mobile home or trailer, a group of rooms, or a single room that
is occupied, or, if vacant, is intended for occupancy as separate living quarters. Separate living quarters
are those in which the occupants live separately from any other persons in the building and which have
direct access from the outside of the building or through a common hall.
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Are There Requirements for Fire Separation and Fire Sprinklers?
Yes, a local government may adopt requirements related to fire and life protection requirements. However, a JADU
shall not be considered a new or separate unit. In other words, if the primary unit is not subject to fire or life
protection requirements, then the JADU must be treated the same.
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Resources
Courtesy of Karen Chapple, UC Berkeley
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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 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 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).
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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. 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 the
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 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 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.
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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 days 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
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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 dwelling unit and the utility or impose a
related connection fee or capacity charge.
B) For an accessory dwelling unit that is not described in subdivision (e), a local agency may require a new or
separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section
66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the
burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures,
upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation
of 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 the sky and extends from a street to one entrance
of the accessory dwelling unit.
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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
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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 shall not
be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, cit y
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.
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Attachment 2: Sample ADU Ordinance
Section XXX1XXX: Purpose
This Chapter provides for accessory dwelling units on lots developed or proposed to be developed with single -
family dwellings. Such accessory dwellings contribute needed housing to the community’s housing stock. Thus,
accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning
regulations and which enhances housing opportunities, including near transit on single family lots.
Section XXX2XXX: Applicability
The provisions of this Chapter apply to all lots that are occupied with a single family dwelling unit and zoned
residential. Accessory dwelling units do exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and are a residential use that is consistent with the existing general plan and zoning
designation for the lot.
Section XXX3XXX: Development Standards
Accessory Structures within Existing Space
An accessory dwelling unit within an existin g 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 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.
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.
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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 historicall y 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 acces sory 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 detrimental to the public health and safety or would introduce
unreasonable privacy impacts to the immediate neighbors.
B. In order to approve an administrative use permit under Section 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.
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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.
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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.
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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.
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
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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 provisio ns 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.
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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
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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.
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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.
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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
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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).
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Minutes - DRAFT
PLANNING COMMISSION
Wednesday, February 22, 2017
Regular Meeting of the Planning Commission
CALL TO ORDER
A Regular Meeting of the Planning Commission was called to order on Wednesday, February 22,
2017 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo,
California, by Chair Stevenson.
ROLL CALL
Present: Commissioners Kim Bisheff, Hemalata Dandekar, Daniel Knight, John Larson, Ronald
Malak, Vice-Chair John Fowler, and Chair Charles Stevenson
Absent: None
Staff: Assistant City Attorney Jon Ansalabehere, Community Development Director Michael
Codron, Deputy Director Xzandrea Fowler, Housing Programs Manager Jenny
Wiseman, and Recording Secretary Monique Lomeli. Other staff members presented
reports or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
Chair Stevenson led the Pledge of Allegiance.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None.
End of Public Comment--
CONSIDERATION OF MINUTES
Minutes of the Planning Commission meeting of December 14, 2016
ACTION: MOTION BY COMMISSIONER DANDEKAR, SECONDED BY
COMMISSIONER MALAK, CARRIED BY CONSENSUS to approve the minutes
of the Planning Commission for the meeting of December 14, 2016.
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DRAFT Minutes – Planning Commission Meeting of February 22, 2017 Page 2
Minutes of the Planning Commission meetings of January 11, 2017 and January 25, 2017
ACTION: MOTION BY COMMISSIONER DANDEKAR, SECONDED BY
COMMISSIONER MALAK, CARRIED BY CONSENSUS to approve the minutes
of the Planning Commission for the meeting of January 11, 2017 and January 25,
2017.
PUBLIC HEARINGS
1. City-Wide. CODE-0107-2017: Review of amendments to Title 17 (Zoning
Regulations) of the Municipal Code associated with Accessory Dwelling Unit (ADU)
provisions with a Categorical Exemption from Environmental Review; City of San Luis
Obispo, applicant.
Housing Programs Manager Jenny Wiseman provided the staff report with use of a
PowerPoint presentation and responded to Commissioner inquiries.
Chief Building Official Anne Schneider responded to Commissioners requests for
clarification.
Public Comments:
Jerry Rioux, suggested the Accessory Dwelling Unit (ADU) size restrictions include
reasonable accommodations for Americans with Disabilities Act (ADA) compliance
and suggested the City consider tiny homes as Accessory Dwelling Units.
Michael Boudreau, stated 450 feet is an insufficient living space and encouraged the
City to consider a sliding impact fee.
Greg Wynn, San Luis Obispo, referred to a previously submitted correspondence item,
providing a PowerPoint presentation to demonstrate the livability of small units;
suggested City requirements should mirror state requirements.
Randy Russom, RRM Design Group, AIA president-elect, stated the 450-sq. ft. ADU
limit is inconsistent with City goals and does not provide meaningful housing;
suggested the City follow state requirements and responded to Commissioners
inquiries.
Cynthia Boche, San Luis Obispo, encouraged infill development and requested the City
allow ADUs up to 1,200 square feet per state law.
Corey Dudley, San Luis Obispo, shared personal experience with accessory dwelling
units and requested the Commission reconsider the 450-sq. ft. size restriction.
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DRAFT Minutes – Planning Commission Meeting of February 22, 2017 Page 3
Theodora Jones, spoke in opposition to increased size restrictions or allowance of tiny
homes; urged the Commission to consider environmental effects of small dwelling
units.
Steve Delmartini spoke in opposition to the 450-sq. ft. size restriction and requested the
Commission consider a procedure to address possible hardships.
Jeff Eckles, Homebuilders of Central Coast, encouraged the Commission to provide
flexibility in ADU size restrictions.
Brett Strickland, San Luis Obispo, voiced opposition to the proposed 450 ft. ADU
restriction and encouraged the Commission to consider all demographics when setting
standards.
End of Public Comment--
Commission discussion followed.
Community Development Director Codron and Assistant City Attorney Ansolabehere
responded to Commissioner inquiries regarding the appropriateness of modifications to
the Zoning Regulation Chapter 17.10.020 Accessory Spaces amendments.
ACTION: MOTION BY VICE CHAIR FOWLER, SECOND COMMISSIONER
BISHEFF, to adopt the Planning Commission recommendation that the City Council
introduce and adopt an Ordinance amending Title 17 of the Municipal Code regarding
accessory dwelling units with the following amendments:
Subsection C.2. Eliminate R-3 and R-4 zones.
Subsection C.8. Change the maximum size from 450 square feet to 800 square feet,
allowing administrative discretion for units 801-1200 square feet, not to exceed 50% of
the primary residence and 50% site coverage.
Subsection E.1. Eliminate the inspection requirement.
Amend Finding #2 to reflect changes to subsection C.8.
MOTION CARRIED 7-0 ON THE FOLLOWING ROLL CALL VOTE:
AYES: BISHEFF, DANDEKAR, KNIGHT, LARSON, MALAK, VICE-CHAIR
FOWLER, CHAIR STEVENSON
NOES: NONE.
ABSENT: NONE.
Commission provided direction to staff to clarify the language in subsection C5.
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DRAFT Minutes – Planning Commission Meeting of February 22, 2017 Page 4
Commission Recessed at 8:30 p.m. and reconvened at 8:40 p.m. with 7 members present.
BUSINESS ITEM
1. Study Session on the status of implementation of the Climate Action Plan, the Energy
Code, and the Green Building Standards.
Chief Building Official Anne Schneider provided a status report on the implementation of
the Climate Action Plan (CAP), the Energy Code, and the Green Building Standards.
Deputy Director of Long-Range Planning Xzandrea Fowler provided information
regarding CAP policy implementations and requested feedback regarding the Climate
Action Plan Implementation Strategy Plan Recommendations provided in the staff report.
Commission discussion followed.
Deputy Director Fowler responded to Commission inquiries and received individual
comments.
Public Comment:
None.
End of Public Comment--
2. Presentation and information session regarding State Density Bonus Law and
Housing Accountability Act.
Assistant City Attorney Jon Ansolabehere presented an overview of the State Density
Bonus Law and Housing Accountability Act with use of a PowerPoint presentation.
LIAISON REPORTS
Deputy Director Fowler provided an agenda forecast.
ADJOURNMENT
The meeting was adjourned at 10:15 p.m. The next Regular meeting of the Planning Commission
is scheduled for Wednesday, March 8 , 2017 at 6:00 p.m., in the Council Chamber, 990 Palm
Street, San Luis Obispo, California.
APPROVED BY THE ADVISORY BODY NAME: XX/XX/2017
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ORDINANCE NO. #### (2017 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE ASSOCIATED WITH
ACCESSORY DWELLING UNITS WITH A STATUTORY EXEMPTION
FROM ENVIRONMENTAL REVIEW (CODE-0107-2017)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street , San Luis Obispo, California, on
February 22, 2017 (CODE-0107-2017) and recommended the City Council adopt amendments to
the City’s Municipal Code related to the regulation of Accessory Dwelling Units (ADUs); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 2,
2017, for the purpose of considering amendments to the Municipal Code related to the regulation
of ADUs (CODE-0107-2017); and
WHEREAS, the City Council finds that the proposed amendments are consistent with
Assembly Bill 2299 and Senate Bill 1069, the City’s General Plan, the purposes of the Zoning
Regulations, and other applicable City ordinances; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. Pursuant to Public Resources Code section
21080.17, the adoption of an ordinance to implement Government Code section 65852.2 is exempt
from the California Environmental Quality Act (CEQA). Similarly, the ministerial approval of
ADU applications would not be a "project" for CEQA purposes, and environmental review would
not be required prior to approving individual applications.
SECTION 2. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed amendments to the City’s ADU regulations will not significantly alter the
character of the City or cause significant health, safety or welfare concerns, since the
amendments are consistent with the General Plan and directly implement City goals and
policies.
2. The proposed amendments to the City’s ADU regulations are consistent with Assembly
Bill 2299 and Senate Bill 1069 and Government Code section 65952.2
3. The proposed amendments to the City’s ADU regulations do not burden the development
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of ADUs within the City.
SECTION 3. Chapter 17.100. “Definitions, S.” (Single Family Dwelling) of the City of
San Luis Obispo’s Municipal Code is hereby amended to read as follows:
Single Family Dwelling. A building designed for and/or occupied exclusively by one
family, or one of more persons occupying premises and living as a single housekeeping
unit which is not attached to or located on a lot with commercial uses. Single family
dwellings contain one dwelling on one lot. Single family dwellings may also include
approved secondary accessory dwelling units. Also includes factory built, modular housing
units, constructed in compliance with the Uniform, Building Code (UBC), and mobile
homes/manufactures housing units that comply with the National Manufactured Housing
Construction and Safety Standards Act of 1974, places on permanent foundations.
SECTION 4. Chapter 17.21.010 (Secondary Dwelling Units) of the City of San Luis
Obispo’s Municipal Code is hereby repealed and replaced in its entirety to read as follows:
Chapter 17.21: Accessory Spaces
Sections:
17.21.010 Accessory Dwelling Units
17.21.020 Guest Quarters
17.21.030 Accessory Structures
17.21.010 Accessory Dwelling Units.
A. Purpose.
1. The purpose of this chapter is to provide for the creation of accessory dwelling units in a
manner that is consistent with requirements set forth in California Government Code
Sections 65852.2, as amended from time to time.
2. Implementation of this section is meant to expand housing opportunities by increasing the
number of smaller units available within existing neighborhoods.
B. Definitions.
For the purpose of this section, the following words and phrases have the meanings given them in
this section:
1. “Accessory dwelling unit” means an attached or detached dwelling unit which provides
complete independent living facilities for one or more persons and complies with all
provisions of this section. It shall include permanent provisions for living, sleeping, eating,
cooking and sanitation on the same parcel as the primary unit. An Accessory Dwelling Unit
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also includes the following:
a. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
2. “Director” means the director of the Community Development Department or his designate.
3. “Director’s Action” means the required submittal of an Administrative Approval Application
and review by the Community Development Director.
4. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street
to one entrance of the accessory dwelling unit. Passageways are not required for detached
accessory dwelling units.
5. “Primary unit” means the existing single-family residential structure on the site.
C. General Requirements.
1. Application. Where this section does not contain a particular type of standard or procedure,
conventional zoning standards and procedures shall apply.
2. Areas Where Accessory Dwelling Units Are Allowed. Upon meeting the requirements of
this section, accessory dwelling units may be established in the following zones: R-1, R-2,
R-3, R-4, and O, when the primary use on the site is a single-family dwelling.
3. Areas Prohibited. Accessory dwelling units shall not be established in any condominium
or planned development project unless specifically addressed in the planned development
ordinance as adopted or amended, or any mobile home subdivision, or trailer park.
4. No Subdivision of Property. No subdivision of property shall be allowed where an
accessory dwelling unit has been established unless the subdivision meets all requirements
of zoning and subdivision regulations.
5. Sale of Property. This section shall also apply to new owners of property where an accessory
dwelling unit has been established. All conditions of Director’s Action (if applicable),
restrictive covenants, and other contractual agreements with the city shall apply to the
property and the new owners.
6. Unit Types Allowed. An accessory dwelling unit may be either attached or detached to the
primary unit on the lot.
a. An attached accessory dwelling unit shall be defined as either attached to (by a
minimum of one shared wall), or completely contained within, the primary existing
single family dwelling unit.
b. A detached accessory dwelling unit shall be defined as new residential square footage
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not attached or sharing any walls with the primary existing single family dwelling
unit.
7. Size of Accessory Dwelling Unit. The gross floor area of an accessory dwelling unit shall
be no less than an efficiency unit, and shall not exceed the lesser of fifty percent (50%) of
the primary unit’s existing living area or eight hundred (800) square feet. The Director may
authorize an exception to this standard up to 1,200 square feet by a Director’s Action, defined
above.
8. Accessory dwelling units are limited to one (1) unit per property.
D. Performance Standards and Compatibility.
1. Design Standards. Accessory dwelling units shall conform to all applicable development
standards included in the underlying zone such as height, yards, parking, building coverage,
etc. An accessory dwelling unit that conforms to this chapter 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.
a. Accessory dwelling units shall conform to all applicable building and construction
codes.
b. No passageway, defined above, shall be required in conjunction with the construction
of a detached accessory dwelling unit.
c. No setback shall be required for an existing garage that is converted to an accessory
dwelling unit, and a setback of no more than five feet from the side and rear lot lines
shall be required for an accessory dwelling unit that is constructed above a garage.
d. Accessory dwelling units shall not be required to provide fire sprinklers if fire
sprinklers are not required for the primary residence.
e. No additional parking spaces shall be required for an accessory dwelling unit.
i. Replacement of Required Parking for Primary Unit: When a garage, carport,
or covered parking structure is demolished or converted in conjunction with
the construction of an accessory dwelling unit, replacement parking spaces
may be located in any configuration on the same lot as the accessory dwelling
unit, including but not limited to covered spaces, uncovered spaces, or tandem
spaces.
f. Accessory dwelling units on listed historic properties and in historic districts shall be
found consistent with the Historic Preservation Ordinance including Historic
Preservation Guidelines and Secretary of Interior Standards for the Treatment of
Historic Properties.
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g. Where ADUs are being created within an existing structure (primary or accessory),
no new utility connection or payment of impact fees shall be required. For all other
ADUs, a new utility connection for the ADU and payment of impact fees shal l be
required.
2. Architectural Compatibility. Accessory dwelling units should be architecturally and
functionally compatible with the primary residence. The accessory dwelling unit shall
comply with the following design standards:
a. Architectural Style and Form. Architectural style and form shall match or be
compatible with the style and form of the primary residence on the property.
b. Materials. The materials of the accessory dwelling unit shall match or be compatible
the materials of the primary residence on the property.
Compliance with these design standards shall be reviewed ministerially and be performed
during the building permit application process.
E. Procedure requirements.
An accessory dwelling unit that meets the standards contained in Section 17.21.010 shall be subject
to ministerial review (Building Permit) and approval without discretionary review (i.e. Use Permit,
Architectural Review, etc.) or public hearing. All applications shall be permitted within 120 days of
submission of a complete application which complies with all applicable requirements and
development standards as set forth in this Chapter.
Any application for an accessory dwelling that exceeds the greater of fifty percent (50%) of the
primary unit’s existing living area or eight hundred (800) square feet may apply for a Director’s
Action, defined above, in which the Community Development Director may authorize an exception
to that standard.
F. Owner-Occupancy.
The owner of the property must occupy either the primary residence or the accessory dwelling unit.
The Director may waive this requirement for a period of up to one year based on a showing of a
hardship. A hardship shall include, but not be limited to, inheritance of property with an accessory
dwelling unit.
G. Covenant Agreement
Prior to the issuance of building permits for an accessory dwelling unit, a covenant agreement shall
be recorded which discloses the structure’s approved floor plan and status as a “accessory dwelling
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unit” and agreeing that the property will be owner-occupied. This agreement shall be recorded in the
office of the County Recorder to provide constructive notice to all future owners of the property.
H. Violations.
Violation of any of the provisions shall be subject to basic code enforcement action as provided in
Title 1 of this code.
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SECTION 5. Chapter 17.22: Use Regulation. Table 9 (Uses Allowed by Zone).
Residential Uses land uses of the City of San Luis Obispo’s Municipal Code is hereby repealed
and replaced in its entirety to read as follows:
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SECTION 6. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the city' s rules and regulations. It
is the city' s express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
SECTION 7. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes shall be published at least five days prior to its final passage in the Tribune, a
newspaper published and circulated in said City, and the same shall go into effect at the expiration
of 30 days after its final passage. A copy of the full text of this ordinance shall be on file in the
Office of the City Clerk on and after the date following introduction and passage to print and shall
be available to any member of the public.
INTRODUCED on the_______ day of _____, 2017, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the______ day of______, 2017, on the following vote:
AYES:
NOES:
ABSENT:
Mayor Heidi Harmon
ATTEST:
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
Carrie Gallagher
City Clerk
Packet Pg 182
11
D
als N
Citywide
CODE -0107-2017
Review of amendments to Municipal Code Title 17 (Zoning
Regulations) associated with Accessory Dwelling Unit provisions
with a Statutory Exemption from Environmental Review
May 2, 2017
Applicant: City of San Luis Obispo
Recommendation
Introduce an ordinance to amend Title 17
Zoning Regulations) of the Municipal
Code associated with Accessory Dwelling
Units, with a statutory exemption from
environmental review.
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AB 2299 SB 1069
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Effective January 1, 2017
Amended CA Government Code
Section 65852.2
City's existing secondary dwelling unit
ordinance now null and void
Bills aim to reduce barriers and promote
the development of accessory dwelling
units.
Accessory Dwelling Unit Definition
Secondary Dwelling Unit" now "Accessory Dwelling
Unit"
Accessory dwelling unit" means an attached or detached
dwelling unit which provides complete independent living
facilities for one or more persons and complies with all
provisions of this section. It shall include permanent
provisions for living, sleeping, eating, cooking and sanitation
on the same parcel as the primary unit.
3
2
Required Amendments
Unit can be:
Attached to primary dwelling (increase in floor
space)
Detached from primary dwelling
Located within existing space of single family
dwelling or accessory space (no new floor
space)
Maximum of 1 parking space per unit, unless ADU
meets specified criteria (then no parking required).
Required Amendments Continued
Ministerial approval process of ADUs
Not all ADUs are subject to new utility connections
or impact fees.
a No net increase in floor area
ADUs shall not be required to provide fire
sprinklers if they are not required in the primary
residence.
3
Utility Connection Requirements
Legislation requires all impact fees be
charged proportional to actual impact.
Utilities will work to create fee proportional
to impact of an 800 square feet ADU.
No separate utility connections are required,
and no impact fees can be charged, for ADUs
contained within the existing space of the
primary unit or accessory space.
ADU General Requirements
Remaining
x ADUs may be established in the R-1, R-2, R-3, R-4,
or 0 zones where the primary use on the site is a
single family dwelling.
w One ADU per qualifying property.
a Short term rentals subject to Homestay Rental
regulations (Ch. 17.08.140).
Owner occupied unit only.
7
2
Size Requirements
50% of existing
primary
residence size,
up to 800 sq. ft.
Maximum
150* sq. ft
Minimum
Parking
Requirements
Parking requirements
forADUs shall not
exceed one parking
space per unit or per
bedroom.
ADUs may be minimum of 150
square feet
a "Efficiency unit" by Section
17958.1 of the Health and
Safety Code
Recommend maximum size be
50% of the existing primary
residence size, up to 800 square
feet.
a Director's Action would allow
review of ADUs up to 1,200
square feet.
Located within '/2
mile from transit
Located within a
historic district
Parking permits not
offered to ADU
Car share vehicle
within one block of
ADU
4,
Parking
RequirementsFf
r
Continued ,=: a
Only 135 parcels in the
City would be subject to
parking requirements.
Recommendation to
remove parking
requirement for
accessory dwelling
units.
tlwMlti Ir -
0 1 1
Owner Occupancy
Recommendation to continue to require either `
the ADU or the existing single family
residence be owner occupied.
Record Covenant Agreement
No inspections required
Support Planning Commission
recommendation to incorporate a one-year
hardship provision.
Inheritance, illness, deployment, etc.
Approval needed by Community Development
Director.
ADU Review Process
Applications meeting standards in
chapter subject only to ministerial review.
No architectural review required.
ADUs associated with listed historic dwellings
may be subject to further review.
Exception for size.
Approved (permitted) or denied within
120 days of complete application.
Recommendation
Introduce an ordinance to amend Title 17
Zoning Regulations) of the Municipal Code
associated with Accessory Dwelling Units,
with a statutory exemption from
environmental review.
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13
14
7
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Fee Estimate — New Detached o
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Fee Estimate — New SFR
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Dimensions Valuation
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Estimate — New SFR Mal
r><.rdMl6 la d2.a;1n41 uYry .
xces,ary ase naacgs Im< IU) Dimensions
Valuation wrY
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Fee Estimate — Garage Conversion
Dimensions Valuation
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Plan Check Account Payment by Contact
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Fee Estimate — Conversion
of Existing Square Footage
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0 city of san Luis onispo application checklist
11
Administrative
r Director's Action w:w+ «w:.: Approval
a,».:w
A"=: for ADU's over 800 A,X``''14
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sq.
a.
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11
Can a Tiny Home be an ADU?
Wheels?
City toning Regulations currenlly do not allow long term (permanent)
occupancy of tiny homes on wheels outside of Mobile Home Paries:
Manufactured units allowed as an ADU on a permanent foundation.
320 square feet built to National Manufactured Housing Construction &
Safety Act
Tiny Home less than 220 sq.ft?
Zoning Regulation update will allow opportunity to change "efficiency unit"
from 220 to 150 sq. ft. (2 person max.)
Would not comply with Health and Safety Code 179581,1 if less than 150.
in ADUs must comply with Building Code
City Zoning Regulation Update will present opportunity to look into
required amendments needed to allow tiny homes on wheels, or
less than 220 square feet.
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