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HomeMy WebLinkAboutCouncil Agenda Report (2020-02-04) - Public Hearing to Introduce an Ordinance amending Chapter 17 (Zoning Regulations) - Accessory Dwelling UnitsDepartment Name: Community Development Cost Center: 4003 For Agenda of: February 4, 2020 Placement: Public Hearing Estimated Time: 75 Minutes FROM: Michael Codron, Community Development Director Prepared By: Kyle Van Leeuwen, Assistant Planner SUBJECT: PUBLIC HEARING - INTRODUCE AN ORDINANCE AMENDING TITLE 17 ZONING REGULATIONS) OF THE MUNICIPAL CODE ASSOCIATED WITH ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT PROVISIONS, AND ADOPT AN EMERGENCY ORDINANCE APPROVING AMENDMENTS TO TITLE 17 RECOMMENDATION 1. Introduce an ordinance to amend Title 17 (Zoning Regulations) of the Municipal Code Attachment A), as recommended by Planning Commission (Attachment C) with a statutory exemption from environmental review. 2. Adopt an Emergency Ordinance approving amendments to Title 17 (Zoning Regulations) of the Municipal Code (Attachment B), that will be in effect until April 27, 2020, with a statutory exemption from environmental review. DISCUSSION Background On October 9, 2019, Governor Newsom signed Assembly Bill 68 ("AB 68"), Assembly Bill 670 AB 670”), Assembly Bill 881 (“AB 881”), and Senate Bill 13 ("SB 13") into law, all of which became effective on January 1, 2020. These four bills amended various sections of the California Government Code related to accessory dwelling unit (ADU) and junior accessory dwelling unit JADU) regulations. The new laws regulate parking, type and size of units, approval process and timelines, and water and sewer utility requirements applicable to ADUs and JADUs in an attempt to further facilitate the creation of these units to assist with the housing crisis in the State. The Community Development Department has prepared a draft amendment to the City’s Zoning Regulations Chapter 17.86.020 for compliance with these new State laws. New regulations from the State require that ADU applications be approved within 60 days upon submittal. Due to the required time frames for ordinance adoption and the subsequent effective date, any ADU applications submitted in early January would need to be approved (within the next several weeks) if consistent with the State requirements only. In order to eliminate this gap” in the applicability of the City of San Luis Obispo’s (“City”) ordinance, it is recommended that the Council adopt an Urgency Ordinance to amend Zoning Regulations Sections 17.86.20, 17.70.120, 17.156.004, and 17.156.022 (Attachment B), alongside the ordinance establishing the permanent amendments. The language and regulations in both the Emergency Ordinance and the permanent ordinance would be the same. Packet Page 115 Item 8 New State Law Requirements Definition of an ADU: “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as a single-family or multifamily structure is or will be situated. Definition of a JADU: “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and is contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. AB 68, 670, 881, and SB 13 amended various sections of the California Government Code that regulates ADUs and JADUs, making changes to the ability of local municipalities to regulate such units. The impactful portions of these bills in relation to the City’s Zoning Regulations are summarized below. Changes to State Law applicable to ADUs: A. Expands the type of properties where ADUs can be established to include lots with existing or proposed multifamily structures. B. Allows for multiple ADUs to be established on lots with existing multifamily structures. C. Restricts the ability of the City to require owner-occupancy in connection to any new ADU applications until 2025. D. Specifies ADUs must be ministerially approved when 16 feet in height or less. E. Eliminates any size restrictions that are based on a percentage of the primary residence’s square footage for detached ADUs. F. Eliminates the City’s ability to require replacement parking when a garage or carport is converted or demolished to create an ADU. G. Limits the minimum rear and side setback to four feet from property line. H. Requires ADUs be approved within 60 days when consistent with stated standards previously 120 days). I. Makes any restrictive covenants or homeowners association restrictions on ADUs unenforceable. J. Limits when impact fees can be levied to ADUs that are 750 square feet or more in size. K. Limits size restrictions for new ADUs in relation to the number of bedrooms provided. Changes to State Law applicable to JADUs: A. Requires approval of JADUs (previously was a choice to allow by local ordinance). B. Requires that JADUs be approved ministerially when consistent with state language or local ordinance. Packet Page 116 Item 8 Planning Commission Review of ADUs and JADUs. On January 8, 2020, the Planning Commission evaluated staff recommended amendments to the ADU and JADU regulations (Attachment C). The Planning Commission supported these amendments, recommending adoption to the City Council, with the exception of 1) language requiring new ADUs to match the primary residence’s roof pitch and color, and 2) prohibiting JADUs within existing attached garages. These recommendations are incorporated into the draft Ordinances (Attachments A & B) and are discussed further below. Modifications to City Ordinance and Planning Commission Recommendations In addition to the required amendments per AB 68, 670, 881, and SB 13, the City has the ability to set stricter objective provisions for certain components of ADUs. All modifications of the existing Zoning Regulations chapter proposed for amendment are included in AttachmentA1. Proposed new language in the Zoning Regulations is underlined and proposed deleted language is shown in strikethrough. City staff worked carefully to 1) ensure the proposed ordinance amendment complies with State law and 2) determine where in the new laws the State permits local jurisdictions to identify objective criteria for ministerial review of ADUs and JADUs. Specific sections that contain more substantive revisions and allowed modification are discussed in detail below: Location Previous state language required that ADUs be permitted on properties where the primary use of the property was a single-family residence. The state has expanded this language to include properties that are developed for multifamily residential use. This also includes mixed use developments, so long as the specific structure associated with the proposed ADU does not contain a commercial use. The proposed updates to the Zoning Regulations will allow for ADUs on such properties that meet the criteria set by the state. Size Requirements The new legislation provides specific unit sizes that must be allowed by a local ordinance. Specifically, a local ordinance must allow ADUs up to 850 square feet, and up to 1,000 square feet if more than one bedroom is proposed. The existing City ordinance allows for ADUs up to 800 square feet in size to be approved through a ministerial building permit and does not set any limits on the number of bedrooms in relation to that size. The proposed new language in the Zoning Regulations will be consistent with this new requirement. The new State legislation also specifies that ADUs up to 16 feet in height be approved by a ministerial building permit only. Staff proposes that the Zoning Regulations language be changed to specifically allow ADUs up to 16 feet in height under a ministerial process. New ADUs proposed to be taller than 16 feet in height would require discretionary review through a Director’s Action approval process. Design Criteria At the Planning Commission hearing, staff suggested additional language related to design standards for ADUs. That additional language state that the new ADU match the roof pitch of the primary unit and use matching colors. This was in addition to existing standards calling for ADUs to match the style and form of the primary unit and use matching materials. Packet Page 117 Item 8 Planning Commission Recommendation: Remove this additional language to allow for some flexibility in designing ADUs, as the specific inclusion of roof pitch and color requirements are too ridged. Staff Response: Staff supports the Planning Commission’s recommendation and this language has been removed from the amendments proposed to council. Junior Accessory Dwelling Units As required by State law, provisions for JADUs are included in the proposed amendment to the Zoning Regulations. JADUs are units created within the footprint of a single-family residence, have a separate entrance, provide food preparation areas and cooking facilities, and are limited to 500 square feet in size. While JADUs can include a kitchen sink and bathroom, those amenities are not required under State law. JADUs must be located on an owner-occupied property and are limited to one per lot. A new section consistent with State law is proposed to be added to the Zoning Regulations to allow for this type of dwelling unit. Planning Commission Recommendation: Allow for garages to be converted to JADUs and allow for ADUs to be converted to JADUs. This scenario was discussed at the Planning Commission hearing as it related to specific public comment. The Planning Commission recommended accommodating this scenario, so long as it did not conflict with State law. Staff Response: Staff has received direction from the California Department of Housing and Community Development that allowing JADUs to be created through garage conversion, or to allow previously created ADUs to be re-designated as JADUs is not consistent with State law. Specifically, JADUs that are converted from existing space must be created from the livable square footage of a single-family residence. Staff has included language specifying this restriction in the proposed amendments. Additional Revisions for Compliance with State Law Staff received additional direction from the California Department of Housing and Community Development after the Planning Commission hearing on January 8th. This discussion identified three aspects of the proposed amendments presented to Planning Commission that were not in compliance with State law. Those aspects are: A. Restricting the number of bedrooms that can be proposed in an ADU to a maximum of two bedrooms. No bedroom limit can be applied. B. Limiting square footage for ADUs that are converted from existing square footage of a single-family structure or created on multifamily lots. No limit can be applied. C. Limiting the number of new detached ADUs on a multifamily lot to not allow at least two units. Two new detached units must be allowed. The proposed amendments presented to Council have incorporated this feedback from the State. Additionally, language specifying that a structure must contain three units to qualify as a multifamily structure has been added, consistent with the definition used by the State. Packet Page 118 Item 8 Policy Context ADUs and JADUs are mandated by the State of California to address housing issues related to supply and affordability. Similarly, the creation of these units, which are smaller in size and primarily created on existing developed lots, advances the Major City Goal to facilitate the production of housing and is consistent with goals and policies of the Land Use 1 and Housing Elements2 of the General Plan. Public Engagement The 12-week time frame between the State’s adoption of the bills regulating ADUs and JADUs and their effective date (January 1, 2020) did not enable staff to conduct workshops or public forums regarding the recommended amendments to the City’s Zoning Regulations in response to these changes to the California Government Code. Public engagement regarding the City’s ADU and JADU ordinance occurred through response to questions and receipt of feedback from the public by Community Development Department staff during the last three years of ADU permitting, which was considered while drafting the proposed amendments. In addition, public correspondence and testimony provided in advance of and during the January 8, 2020 Planning Commission hearing was taken into consideration when formulating the recommendation to the City Council. CONCURRENCE The City Attorney’s office has been involved in the creation of the proposed amendments. Staff has also discussed the proposed amendments with the California Department of Housing and Community Development in order to ensure the proposed amendments comply with State law. ENVIRONMENTAL REVIEW The ordinance is exempt under California Public Resources Code Section 21080.17 (Application of Division to Ordinances Implementing Law Relating to Construction of Dwelling Units and Second Units), which states that: “This division [the California Environmental Quality Act CEQA)] does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code.” Pursuant to this statute, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.2 of the Government Code, which regulates accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) (as defined by Government Code Section 65852.22). 1 Land Use Element Goal 21: Actively seek ways to provide housing which is affordable to residents with very low, low, and moderate incomes, within existing neighborhoods and within expansion areas. Policy 2.2.7: Neighborhood Enhancement - The City shall promote infill development, redevelopment, rehabilitation, and adaptive reuse efforts that contribute positively to existing neighborhoods and surrounding areas. Policy 2.3.9. H.: A mix of housing types, and a range of density within an area is generally desirable. 2 Housing Element Policy 6.10: To help meet the Quantified Objectives, the City will support residential infill development and promote higher residential density where appropriate. Policy 6.17: Encourage residential development through infill development and densification within City Limits and in designated expansion areas over new annexation of land. Packet Page 119 Item 8 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. During its review, the Planning Commission expressed concerns about fiscal impacts associated with the provision of new infrastructure to support ADU’s in existing neighborhoods. At this time, the number of ADU’s expected to be permitted over the next several years is between 30 and 50 units per year spread throughout the City. At the same time, the City has continued to experience reductions in the average occupancy of all residential units in the City. Specifically, the City’s population is not increasing at the steady rate expected based on the number of housing units constructed. Going forward, the City will continue to monitor its infrastructure including water distribution, wastewater collection, traffic congestion, parking availability and other factors in neighborhoods. However, the fiscal impacts associated with the development of ADU’s is not expected to be significant because of the relatively small number of additional units anticipated to be spread out across the City, and because reduced household size in the City means that population is not increasing at the rate previously anticipated. ALTERNATIVES 1. Adopt the Proposed Amendments without the Associated Emergency Ordinance. This would provide for the standard time frame for amendments to take effect. Any application for ADUs and JADUs submitted between January 1 and January 18 would be approved if consistent with state requirements. 2. Adopt the Proposed Emergency Ordinance and Continue Permanent Amendments to a Future Date. The Council could direct staff to conduct additional research on one of more of recommended ordinance components but approve the emergency ordinance to address the gap in the City ordinance’s applicability. The Council should provide direction to staff if this alternative is chosen. 3. Continue the Permanent Amendments to a Future Date and Decline to Adopt the Emergency Ordinance. The Council could direct staff to conduct additional research on one or more of the recommended ordinance components and let the State requirements for ADUs and JADUs take effect in the absence of a City ordinance. The Council should provide direction to staff if this alternative is chosen. 4. Decline to Adopt the Proposed Amendments and Decline to Adopt the Emergency Ordinance. The Council could direct staff to halt efforts to update the City’s ordinance and let the State regulations take effect until directed otherwise by Council. Packet Page 120 Item 8 Attachments: a - Draft Ordinance b - Draft Emergency Ordinance c - Planning Commission Resolution No. PC-1002-20 d - Planning Commission Draft Minutes of January 8, 2020 Packet Page 121 Item 8 O ______ ORDINANCE NO. _____ (2020 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 UNIT AND INTRODUCING JUNIOR ACCESSORY DWELLING UNIT WHEREAS, on October 9, 2019, the California legislature passed, and Governor Newsom signed SB 13, AB 68, AB 670, and AB 881 to encourage development of accessory dwelling units and junior accessory dwelling units; and WHEREAS, the City of San Luis Obispo desires to update its Accessory Dwelling Unit section and introduce a Junior Accessory Dwelling Unit section of Title 17, consistent with current state law; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on January 8, 2020, for the purpose of considering amendments to Title 17 (Zoning Regulations) of the Municipal Code regarding accessory dwelling units and junior accessory dwelling units and recommended approval of amendments to the Municipal Code with revisions; and WHEREAS, the City Council finds that the proposed text amendments are consistent with the 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; and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein as the findings of the Council by this reference. SECTION 2. Section 17.70.120 of the San Luis Obispo Municipal Code, entitled Lot Coverage, is hereby amended to read as follows: 17.70.120 – Lot Coverage A. Purpose and Application. As defined in Chapter 17.158 (General Definitions), lot coverage is the ratio of the total area of a lot covered by the footprint of all structures to the net lot area, typically expressed as a percentage of the total lot area, including all buildings, decks, balconies, porches, accessory structures and accessory dwellings, and similar architectural features. Maximum coverage shall be as provided in the specific property development standards for the various zones in Chapters 17.12 through 17.64, inclusive. Packet Page 122 Item 8 Ordinance No. _____ (2020 Series) Page 2 O ______ Figure 3-10: Lot Coverage B. Excluded from Lot Coverage. The following structures shall be excluded from the lot coverage calculation: 1. Uncovered decks, porches, landings, balconies, and stairways that are 30 inches or less in height, as measured from the adjacent existing grade. Figure 3-11: Decks Excluded from Coverage 2. Roof eaves which project 30 inches or less from the structure are not included in the determination of coverage. 3. Swimming pools and hot tubs that are not enclosed in roofed structures or decks. 4. One small, non-habitable accessory structure under 120 square feet and under seven feet high. Any additional structures above quantity of one shall be included in lot coverage. 5. Up to 400 800 square feet of an accessory dwelling unit. Any additional square footage of an accessory dwelling unit shall be included in lot coverage. Packet Page 123 Item 8 Ordinance No. _____ (2020 Series) Page 3 O ______ SECTION 3. Section 17.86.020 of the San Luis Obispo Municipal Code, entitled Accessory dwelling units and guest quarters, is hereby amended to read as follows: 17.86.020 – Accessory dwelling units, and junior accessory dwelling units, and guest quarters. A. Purpose and Applicability. The purpose of this chapter is to prescribe development and site regulations that apply, except where specifically stated, to accessory dwelling units, and junior accessory dwelling units, and guest quarters, as defined in Chapter 17.156 (Land Use Definitions). B. Accessory Dwelling Units. The provisions in this subsection shall apply to accessory dwelling units as defined in Chapter 17.156 (Land Use Definitions) and where allowed in compliance with Chapter 17.10 (Use Regulations). 1. Purpose. The purpose of this chapter is to provide for the creation of accessory dwelling units in a manner that is consistent with requirements identified in Government Code Section 65852.2, as amended from time to time. Implementation of this section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods. 2. General Requirements. a. Application. Where this section does not contain a particular type of standard or procedure, conventional zoning standards and procedures shall apply. b. Areas Where Accessory Dwelling Units Are Allowed. Upon meeting the requirements of this section, accessory dwelling units may be established in any zone that allows single-unit residential dwellings, when the primary use on the site is an existing or proposed single-unit residential dwelling multi-unit residential dwellings, or mixed-use development (per table 2.1), where a single-family structure, duplex or multifamily structure is existing or proposed. The existing or proposed single-unit residential dwelling is referred to as “primary unit” in this section. Accessory dwelling units that conforms to this section shall not be considered a dwelling unit for the purpose of calculating density. c. Areas Prohibited. Accessory dwelling units shall not be established in any condominium, common interest development or planned development project unless specifically addressed in the planned development ordinance as adopted or amended or any mobile home subdivision or trailer park. c. 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 and the resulting subdivision does not maintain the primary residence on the same lot as the accessory dwelling unit(s). Packet Page 124 Item 8 Ordinance No. _____ (2020 Series) Page 4 O ______ d. Sale of Property. This section shall apply to new owners of property where an accessory dwelling unit has been established. All conditions of director’s action to allow exceptions to maximum unit size (if applicable), restrictive covenants and other contractual agreements with the city shall apply to the property and the new owners, except as allowed or prohibited by state law. e. Applicability of Building Codes. Accessory dwelling units shall conform to all applicable building and construction codes. f. Unit Types Allowed. An accessory dwelling unit may be either attached or detached from the primary single-unit residential dwelling on the lot. i. 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 space of the single-unit residential dwelling unit or existing accessory structure. ii. A detached accessory dwelling unit shall be defined as new residential square footage not attached or sharing any walls with the primary existing single-unit residential dwelling unit. g. Size of Accessory Dwelling Unit. The gross floor area of an accessory dwelling unit shall be no less than one hundred fifty square feet and shall not exceed the lesser of fifty percent of the primary unit’s existing living area or eight hundred square feet. The director may authorize an exception to this standard to allow an accessory dwelling unit up to one thousand two hundred square feet through the director’s action process. h. Limitation on Number. Accessory dwelling units are limited to one unit per property. 3. Requirements on Lots with a Proposed or Existing Single-Family Structure or Duplex. a. Unit Types Allowed. An accessory dwelling unit on a lot with a single-family structure or duplex may be either attached or detached from the primary unit. i. Attached: An attached accessory dwelling unit shall be either connected to by a minimum of one shared wall) or contained completely or partially within the existing footprint of a single-family structure or duplex. ii. Detached: A detached accessory dwelling unit shall be either new or converted residential square footage that is not connected to the primary single- family structure or duplex. b. Size of Accessory Dwelling Unit. The gross floor area of an attached or detached accessory dwelling unit shall be as follows: Packet Page 125 Item 8 Ordinance No. _____ (2020 Series) Page 5 O ______ i. Attached: The gross floor area of an attached accessory dwelling unit shall be no less than 150 square feet and shall not exceed the lesser of the following: 50 percent of an existing primary unit’s living area, or; 850 square feet for a studio or one-bedroom unit, or; 1,000 square feet for a unit containing at least two bedrooms. ii. Detached: The gross floor area of a detached accessory dwelling unit shall be no less than 150 square feet and shall not exceed 850 square feet for a studio or one-bedroom unit, or 1,000 square feet for a unit containing at least two bedrooms. iii. An accessory dwelling unit that is entirely within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure shall be no less than 150 square feet. An expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure may be included if the expansion beyond the physical dimensions of the existing structure is limited to accommodating ingress and egress. This does not apply to duplexes. c. Limitation on Number. Only one accessory dwelling unit is permitted per lot. 4. Requirements on Lots with a Proposed or Existing Multifamily Structure Containing Three or More Units. a. Unit Types Allowed. An accessory dwelling unit on a lot with a multifamily structure may be converted from existing square footage, or as new units detached from the primary structure. i. Converted Square Footage Units: Accessory dwelling units may be created within the portions of existing multifamily structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if compliant with state building standards for dwellings. ii. New Detached Units: Accessory dwelling units may be created on a lot that has an existing or proposed multifamily structure and must be detached from the primary structure. b. Size of Accessory Dwelling Unit. The gross floor area of an accessory dwelling unit on a lot with a multifamily structure shall be no less than 150 square feet. c. Limitation on Number. The number of accessory dwelling units shall be limited to no more than 25 percent of the existing or proposed multifamily units but shall not be less than the following per lot: 1) one unit that is converted from existing square footage, or 2) two new detached units. No more than two detached units shall be allowed per lot. Packet Page 126 Item 8 Ordinance No. _____ (2020 Series) Page 6 O ______ d. Lots with both a Multifamily Structure and Single-Family Structure or Duplex. Provisions for accessory dwelling units on lots with multifamily structures cannot not be combined with provisions for lots with single-family structures or duplexes, or vice versa. 3. 5. Performance Standards and Compatibility. a. Design Standards. Accessory dwelling units shall conform to all applicable development standards of the underlying zone, including but not limited to height, setback area, parking, and building coverage, unless otherwise stated in this section or prohibited by state law. i. Accessory dwelling units shall conform to all applicable building and construction codes. ii. No passageway, defined as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit, shall be required in conjunction with the construction of an detached accessory dwelling unit. iii. No setback shall be required for an existing garage permitted structure that is converted to an accessory dwelling unit, or for an accessory dwelling unit that is constructed in replacement of an existing permitted structure, provided it is in the same location and has the same dimensions. or to a portion of an accessory dwelling unit. iv. A setback of no more than five four feet from the side and rear lot lines shall be required for an accessory dwelling unit. that is constructed above a garage. v. Accessory dwelling units that include the creation of new square footage shall be limited to 16 feet in height. Up to 150 square feet of new square footage may be exempted from this requirement in connection to a conversion of existing upper floor square footage, but only as needed to accommodate ingress and egress. vi. Architectural style and form shall match the style and form of the primary residential structure(s) on the property. vii. The materials of the accessory dwelling unit shall match the materials of the primary residential structure(s) on the property. viii. Accessory dwelling units shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence. Packet Page 127 Item 8 Ordinance No. _____ (2020 Series) Page 7 O ______ ix. No additional parking spaces shall be required for an accessory dwelling unit. If a garage or car port is converted or removed to accommodate an accessory dwelling unit, replacement parking is not required. x. Exceptions to these design standards can be approved by the Director, through Directors Action, subject to required findings (section 17.108.040). b. 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. Parking shall be permitted only in those locations specified in these zoning regulations. b. Historic Resources. 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 the Interior standards for the treatment of historic properties. c. Utility Connection Fees. Where an accessory dwelling unit is created within an existing structure (primary or accessory), no new utility connection or payment of impact fees shall be required. For all other accessory dwelling units, a new utility connection for the accessory dwelling unit and payment of impact fees shall may be required if the accessory dwelling unit is 750 square feet or more. e. Architectural Compatibility. Accessory dwelling units shall be architecturally and functionally compatible with the primary residence. The accessory dwelling unit shall comply with the following design standards: i. 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. ii. Materials. The materials of the accessory dwelling unit shall match or be compatible with the materials of the primary residence on the property. 4. 6. Procedure Requirements. An accessory dwelling unit that meets the standards contained in this section shall be subject to ministerial review (building permit) and approval without discretionary review (i.e., use permit, architectural review, etc.) or public hearing. Within one hundred twenty sixty days of receiving a complete application, the city shall approve any such application which complies with all applicable requirements and development standards identified in this chapter. When an accessory dwelling unit is proposed with a new single-family, duplex, or multifamily structure, this sixty-day requirement shall not apply. Packet Page 128 Item 8 Ordinance No. _____ (2020 Series) Page 8 O ______ 5. Owner-Occupancy. The owner of the property shall occupy either the primary residence or the accessory dwelling unit. The director may waive this requirement in one-year increments, not to exceed a total of five consecutive years, based on a showing of a hardship. A hardship shall include, but not be limited to, inheritance of property with an accessory dwelling unit. Owner-occupancy is not required in the R-3 or R-4 zones. 6. 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 an “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. 7. No Short-Term Rental. An accessory dwelling unit cannot be rented for a period of less than 30 days. Homestay use of an accessory dwelling unit is prohibited. 7. 8. Violations. Violation of any of the provisions shall be subject to basic code enforcement action as provided in Title 1 of the Municipal Code. C. Junior Accessory Dwelling Units. The provisions in this Subsection shall apply to junior accessory dwelling units as defined in Chapter 17.156 (Land Use Definitions) and where allowed in compliance with Chapter 17.10 (Use Regulations). 1. Purpose. The purpose of this Chapter is to provide for the creation of junior accessory dwelling units in a manner that is consistent with requirements identified in Government Code Section 65852.22, as amended from time to time. Implementation of this Section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods. 2. General Requirements. a. Application. Where this Section does not contain a particular type of standard or procedure, conventional zoning standards and procedures shall apply. b. Areas Where Junior Accessory Dwelling Units Are Allowed. Upon meeting the requirements of this Section, junior accessory dwelling units may be established in any zone where the use of the property is a single-unit dwelling, either existing or proposed. A junior accessory dwelling unit may only be allowed on a lot with an accessory dwelling unit if the accessory dwelling unit is detached from the single- family structure. c. Sale of Property. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel. Packet Page 129 Item 8 Ordinance No. _____ (2020 Series) Page 9 O ______ d. Location. A junior accessory dwelling unit must be created within the walls of a proposed or existing primary dwelling. Conversion of an existing garage or attached accessory dwelling unit into a junior accessory dwelling unit is not permit by this section. i. An expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure may be included if the expansion beyond the physical dimensions of the existing structure is limited to accommodating ingress and egress. e. Size of Junior Accessory Dwelling Unit. The gross floor area of a junior accessory dwelling unit shall not exceed 500 square feet. f. Limitation on Number. Only one junior accessory dwelling unit, may be located on any residentially zoned lot. A junior accessory dwelling unit may only be located on a lot which contains one permitted single-family structure or in connection to the construction of a single-family structure. One detached accessory dwelling unit may also be located on the lot. 3. Performance Standards and Compatibility. a. Design Standards. Junior accessory dwelling units shall conform to all applicable development standards of the underlying zone, including but not limited to height, setback area, parking, and building coverage. A junior accessory dwelling unit that conforms to this Section shall not be considered a dwelling unit for the purpose of calculating density. i. Junior accessory dwelling units shall conform to all applicable building and construction codes. ii. A separate exterior entry shall be provided to serve a junior accessory dwelling unit. iii. The interior connection to the main living area may be maintained or removed. iv. At a minimum, junior accessory dwelling units shall include an efficiency kitchen, which shall contain a cooking facility, food preparation counter, and storage cabinets. v. Junior accessory dwelling units shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence. vi. No additional parking spaces shall be required for a junior accessory dwelling unit. Packet Page 130 Item 8 Ordinance No. _____ (2020 Series) Page 10 O ______ b. Utility Connection Fees. Where a junior accessory dwelling unit is created no new utility connection or payment of impact fees shall be required. c. Fire and Life Protection. For 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. 4. Procedure Requirements. A junior accessory dwelling unit that meets the standards contained in this Section shall be subject to ministerial review (building permit) and approval without discretionary review (i.e., Use Permit, Architectural Review, etc.) or public hearing. Within sixty days of receiving a complete application, the City shall approve any such application which complies with all applicable requirements of this Section. 5. Owner-Occupancy. The owner of the property shall occupy either the primary residence or the junior accessory dwelling unit. 6. Covenant Agreement. Prior to the issuance of building permits for a junior accessory dwelling unit, a covenant agreement shall be recorded which discloses the structure’s approved floor plan and status as an “junior 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. 7. No Short-Term Rental. A junior accessory dwelling unit cannot be rented for a period of less than 30 days. Homestay use of a junior accessory dwelling unit is prohibited. 8. Violations. Violation of any of the provisions shall be subject to basic code enforcement action as provided in Title 1 of the Municipal Code. C. D. Guest Quarters. 1. Purpose and Intent. The purpose of this section is to establish regulations for the development of guest quarters as an approved accessory use to a primary residential unit. 2. Applicability. This section does not apply to legally established dwellings or accessory dwelling units, or accessory structures which are separately defined in Chapter 17.158 General Definitions). 3. General Requirements. Guest quarters shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc., and shall be subject to the following provisions: a. Accessory to Primary Residence. Guest quarters may only be used in conjunction with a primary residence that contains a kitchen and may consist of detached structures or additions to primary structures. b. Size. Guest quarters shall be no larger than four hundred fifty square feet. Packet Page 131 Item 8 Ordinance No. _____ (2020 Series) Page 11 O ______ c. Density and Development Standards. Guest quarters shall be consistent with density provisions and development standards of the underlying zone. For the purposes of calculating density in multi-unit residential zones, guest quarters will be considered an additional bedroom, accessory to the primary unit. The structure may not exceed four hundred fifty square feet and shall remain in an open floor plan (studio configuration). d. Zones in Which Guest Quarters May Be Allowed. Upon meeting the requirements in this section, guest quarters 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-unit residential dwelling. e. Areas Prohibited. Guest quarters shall not be allowed on nonconforming lots. Guest quarters 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. Guest quarters shall not be allowed on lots with an existing accessory dwelling unit. f. Owner Occupancy. The property must be occupied by the property owner as the owner’s primary place of residence. If a property can no longer be occupied as the owner’s primary place of residence, the guest quarters may continue to be used as habitable space (e.g., office, pool house, art studio) but can no longer be used as overnight sleeping quarters. g. No Separate Rental. Guest quarters may not be rented separately from the primary dwelling unit. h. No Kitchen Facilities. No facilities meeting the definition of a “kitchen” as defined in Chapter 17.158 (General Definitions) may be installed and plumbing shall be provided for bathroom use only. No plumbing may be provided to “wet bars,” dishwashers, or any features that could be used for a kitchen. Plans approved for construction of guest quarters shall not include countertops or plumbing designed for subsequent installation of sinks, dishwashers, garbage disposals, or any other features consistent with the definition of a “kitchen.” 4. Procedure Requirements. Prior to filing building plans with the city building division, the following shall be met: a. Architectural Review Required. All requests shall be reviewed for consistency with the city’s community design guidelines and this section. The director shall determine, upon receiving a 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 the Interior standards for treatment of a historic property. Packet Page 132 Item 8 Ordinance No. _____ (2020 Series) Page 12 O ______ b. Application Contents. A guest quarters permit shall be approved by the director prior to the submittal of documents requesting construction approval. No additional application fees for architectural review shall be required. c. Owner’s Agreement with the City. Prior to the issuance of construction permits, a covenant agreement shall be recorded that discloses the structure’s approved floor plan and status as “guest quarters,” which cannot be used as an independent dwelling unit, and may only be used in conjunction with the primary residence that contains a kitchen. 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 a property can no longer be occupied as the owner’s primary place of residence, the guest quarters may continue to be used as habitable space (e.g., office, pool house, art studio) but shall no longer be used as overnight sleeping quarters. 5. Conversion of Guest Quarters to an Accessory Dwelling Unit. A legally established guest quarters may either be retained in its configuration or be converted to an accessory dwelling unit in compliance with the provisions of this chapter; however, only one accessory dwelling unit or guest quarters is allowed per property. (Ord. 1657 § 17, 2019; Ord. 1650 § 3 (Exh. B), 2018) SECTION 4. Section 17.156.004 of the San Luis Obispo Municipal Code, entitled A Definitions, is hereby amended to read as follows: 17.156.004 – A Definitions Accessory Dwelling Unit (ADU). An attached or detached dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence another primary, single-unit dwelling. An ADU includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same lot as a single-family or multifamily structure is or will be situated the primary unit. An ADU may be structured as one efficiency unit, as defined in of the Health and Safety Code Section 17958.1, and/or (2) a manufactured home, as defined in of the Health and Safety Code Section 18007, among other formats. Accessory Dwelling Unit, Attached. An ADU that is either attached to (by a minimum of one shared wall), or completely contained within, the primary existing space of the single- unit dwelling unit or existing accessory structure. Accessory Dwelling Unit, Detached. An ADU that provides new residential square footage not attached or sharing any walls with the primary existing single-unit dwelling. Packet Page 133 Item 8 Ordinance No. _____ (2020 Series) Page 13 O ______ SECTION 5. Section 17.156.022 of the San Luis Obispo Municipal Code, entitled J Definitions, is hereby amended to read as follows: 17.156.022 – J Definitions Reserved. Junior Accessory Dwelling Unit (JADU). A unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. 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. Environmental Determination. The ordinance is exempt under Public Resources Code Section 21080.17 that applies to local ordinances implementing State regulations related to accessory dwelling units. SECTION 8. Ordinance Number 1657 (2019 Series) is hereby amended and superseded to the extent inconsistent herewith. Packet Page 134 Item 8 Ordinance No. _____ (2020 Series) Page 14 O ______ SECTION 9. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the ____ day of ____, 2020, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ____, 2020, on the following vote: AYES: NOES: ABSENT: Mayor Heidi Harmon ATTEST: Teresa Purrington 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 ___________________________, 2020. Teresa Purrington City Clerk Packet Page 135 Item 8 O ______ ORDINANCE NO. _____ (2020 SERIES) AN EMERGENCY 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 UNIT AND INTRODUCING JUNIOR ACCESSORY DWELLING UNIT WHEREAS, on October 9, 2019, the California legislature passed, and Governor Newsom signed SB 13, AB 68, AB 670, and AB 881 to encourage development of accessory dwelling units and junior accessory dwelling units; and WHEREAS, the City of San Luis Obispo desires to update its Accessory Dwelling Unit section and introduce a Junior Accessory Dwelling Unit section of Title 17, consistent with current State law; and WHEREAS, the existing ordinance governing the creation of an accessory dwelling units fails to meet the requirements of State law and therefor is null and void under State law; and WHEREAS, the City of San Luis Obispo desires to have amendments to the Accessory Dwelling Unit section and Junior Accessory Dwelling Unit section of Title 17 in effect prior to the 60-day required approval deadline for applications submitted after December 31, 2019, consistent with current State law; and WHEREAS, the City Council, pursuant to its police powers, has broad authority to maintain the public peace, health, safety, and general welfare of its community and to preserve the quality of life for its residents; and WHEREAS, Article VI, Section 605 of the City Charter provides that the City Council may as an emergency measure, for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at once at the same meeting if passed by at least four (4) affirmative votes; and WHEREAS, the emergency ordinance is intended to fulfill the urgent need to establish standards, criteria and procedures for ministerial approval of accessory dwelling units and junior accessory dwelling units within the sixty-day mandatory approval period established by State Law; and WHEREAS, an emergency ordinance that is effective immediately is necessary to avoid the immediate threat to public peace, health, safety, or welfare, as failure to adopt this emergency ordinance could result in projects receiving approval that are inconsistent with the City’s regulatory scheme, which is established to protect public peace, health, safety, or welfare; and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: Packet Page 136 Item 8 Ordinance No. _____ (2020 Series) Page 2 O ______ SECTION 1. Incorporation of Recitals. The City Council finds that the forgoing recitals and administrative report presented with this ordinance are true and correct and are incorporated in the ordinance by this reference and adopted as the findings of the City Council. SECTION 2. Findings. The City Council herby finds, determines and declares that this emergency ordinance, adopted pursuant to Government Code Sections 36934 and 36937 is necessary because: a) State law requires applications for the creation of accessory dwelling units be approved within 60 days, which is less than the number of days needed to update the City’s ordinance to be consistent with the revised State laws. The gap between the date at which the City’s previous ordinance is deemed null and void, and the effective date of the proposed amendments to bring the City’s ordinance into compliance with State law would allow for the construction of new structures that are only compliant with State law. b) State laws regulating accessory dwelling units are in conflict with the City’s goal of climate action by allowing structures to be built with a setback of only four feet, with no limitation on height. This reduced setback requirement, when applied to the upper stories of a new structure, will block solar exposure to neighboring properties, reducing or eliminating the benefits of rooftop solar panels. c) Proposed amendments to the City’s accessory dwelling unit ordinance will protect solar exposure and address concerns for privacy, which are not protected or addressed in State requirements for the construction of accessory dwelling units. SECTION 3. Urgent Need. Based on the foregoing recitals and findings, all of which are deemed true and correct, this ordinance is urgently needed for the immediate preservation of the public peace, health, safety, or welfare. This ordinance shall take effect immediately upon adoption in accordance with the provisions set forth in Article VI, Section 605 of the City Charter. SECTION 4. Section 17.70.120 of the San Luis Obispo Municipal Code, entitled Lot Coverage, is hereby amended to read as follows: 17.70.120 – Lot Coverage A. Purpose and Application. As defined in Chapter 17.158 (General Definitions), lot coverage is the ratio of the total area of a lot covered by the footprint of all structures to the net lot area, typically expressed as a percentage of the total lot area, including all buildings, decks, balconies, porches, accessory structures and accessory dwellings, and similar architectural features. Maximum coverage shall be as provided in the specific property development standards for the various zones in Chapters 17.12 through 17.64, inclusive. Packet Page 137 Item 8 Ordinance No. _____ (2020 Series) Page 3 O ______ Figure 3-10: Lot Coverage B. Excluded from Lot Coverage. The following structures shall be excluded from the lot coverage calculation: 1. Uncovered decks, porches, landings, balconies, and stairways that are 30 inches or less in height, as measured from the adjacent existing grade. Figure 3-11: Decks Excluded from Coverage 2. Roof eaves which project 30 inches or less from the structure are not included in the determination of coverage. 3. Swimming pools and hot tubs that are not enclosed in roofed structures or decks. 4. One small, non-habitable accessory structure under 120 square feet and under seven feet high. Any additional structures above quantity of one shall be included in lot coverage. 5. Up to 400 800 square feet of an accessory dwelling unit. Any additional square footage of an accessory dwelling unit shall be included in lot coverage. Packet Page 138 Item 8 Ordinance No. _____ (2020 Series) Page 4 O ______ SECTION 5. Section 17.86.020 of the San Luis Obispo Municipal Code, entitled Accessory dwelling units and guest quarters, is hereby amended to read as follows: 17.86.020 – Accessory dwelling units, and junior accessory dwelling units, and guest quarters. A. Purpose and Applicability. The purpose of this chapter is to prescribe development and site regulations that apply, except where specifically stated, to accessory dwelling units, and junior accessory dwelling units, and guest quarters, as defined in Chapter 17.156 (Land Use Definitions). B. Accessory Dwelling Units. The provisions in this subsection shall apply to accessory dwelling units as defined in Chapter 17.156 (Land Use Definitions) and where allowed in compliance with Chapter 17.10 (Use Regulations). 1. Purpose. The purpose of this chapter is to provide for the creation of accessory dwelling units in a manner that is consistent with requirements identified in Government Code Section 65852.2, as amended from time to time. Implementation of this section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods. 2. General Requirements. a. Application. Where this section does not contain a particular type of standard or procedure, conventional zoning standards and procedures shall apply. b. Areas Where Accessory Dwelling Units Are Allowed. Upon meeting the requirements of this section, accessory dwelling units may be established in any zone that allows single-unit residential dwellings, when the primary use on the site is an existing or proposed single-unit residential dwelling multi-unit residential dwellings, or mixed-use development (per table 2.1), where a single-family structure, duplex or multifamily structure is existing or proposed. The existing or proposed single-unit residential dwelling is referred to as “primary unit” in this section. Accessory dwelling units that conforms to this section shall not be considered a dwelling unit for the purpose of calculating density. c. Areas Prohibited. Accessory dwelling units shall not be established in any condominium, common interest development or planned development project unless specifically addressed in the planned development ordinance as adopted or amended or any mobile home subdivision or trailer park. c. 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 and the resulting subdivision does not maintain the primary residence on the same lot as the accessory dwelling unit(s). Packet Page 139 Item 8 Ordinance No. _____ (2020 Series) Page 5 O ______ d. Sale of Property. This section shall apply to new owners of property where an accessory dwelling unit has been established. All conditions of director’s action to allow exceptions to maximum unit size (if applicable), restrictive covenants and other contractual agreements with the city shall apply to the property and the new owners, except as allowed or prohibited by state law. e. Applicability of Building Codes. Accessory dwelling units shall conform to all applicable building and construction codes. f. Unit Types Allowed. An accessory dwelling unit may be either attached or detached from the primary single-unit residential dwelling on the lot. i. 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 space of the single-unit residential dwelling unit or existing accessory structure. ii. A detached accessory dwelling unit shall be defined as new residential square footage not attached or sharing any walls with the primary existing single-unit residential dwelling unit. g. Size of Accessory Dwelling Unit. The gross floor area of an accessory dwelling unit shall be no less than one hundred fifty square feet and shall not exceed the lesser of fifty percent of the primary unit’s existing living area or eight hundred square feet. The director may authorize an exception to this standard to allow an accessory dwelling unit up to one thousand two hundred square feet through the director’s action process. h. Limitation on Number. Accessory dwelling units are limited to one unit per property. 3. Requirements on Lots with a Proposed or Existing Single-Family Structure or Duplex. a. Unit Types Allowed. An accessory dwelling unit on a lot with a single-family structure or duplex may be either attached or detached from the primary unit. i. Attached: An attached accessory dwelling unit shall be either connected to by a minimum of one shared wall) or contained completely or partially within the existing footprint of a single-family structure or duplex. ii. Detached: A detached accessory dwelling unit shall be either new or converted residential square footage that is not connected to the primary single- family structure or duplex. b. Size of Accessory Dwelling Unit. The gross floor area of an attached or detached accessory dwelling unit shall be as follows: Packet Page 140 Item 8 Ordinance No. _____ (2020 Series) Page 6 O ______ i. Attached: The gross floor area of an attached accessory dwelling unit shall be no less than 150 square feet and shall not exceed the lesser of the following: 50 percent of an existing primary unit’s living area, or; 850 square feet for a studio or one-bedroom unit, or; 1,000 square feet for a unit containing at least two bedrooms. ii. Detached: The gross floor area of a detached accessory dwelling unit shall be no less than 150 square feet and shall not exceed 850 square feet for a studio or one-bedroom unit, or 1,000 square feet for a unit containing at least two bedrooms. iii. An accessory dwelling unit that is entirely within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure shall be no less than 150 square feet. An expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure may be included if the expansion beyond the physical dimensions of the existing structure is limited to accommodating ingress and egress. This does not apply to duplexes. c. Limitation on Number. Only one accessory dwelling unit is permitted per lot. 4. Requirements on Lots with a Proposed or Existing Multifamily Structure Containing Three or More Units. a. Unit Types Allowed. An accessory dwelling unit on a lot with a multifamily structure may be converted from existing square footage, or as new units detached from the primary structure. i. Converted Square Footage Units: Accessory dwelling units may be created within the portions of existing multifamily structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if compliant with state building standards for dwellings. ii. New Detached Units: Accessory dwelling units may be created on a lot that has an existing or proposed multifamily structure and must be detached from the primary structure. b. Size of Accessory Dwelling Unit. The gross floor area of an accessory dwelling unit on a lot with a multifamily structure shall be no less than 150 square feet. c. Limitation on Number. The number of accessory dwelling units shall be limited to no more than 25 percent of the existing or proposed multifamily units but shall not be less than the following per lot: 1) one unit that is converted from existing square footage, or 2) two new detached units. No more than two detached units shall be allowed per lot. Packet Page 141 Item 8 Ordinance No. _____ (2020 Series) Page 7 O ______ d. Lots with both a Multifamily Structure and Single-Family Structure or Duplex. Provisions for accessory dwelling units on lots with multifamily structures cannot not be combined with provisions for lots with single-family structures or duplexes, or vice versa. 3. 5. Performance Standards and Compatibility. a. Design Standards. Accessory dwelling units shall conform to all applicable development standards of the underlying zone, including but not limited to height, setback area, parking, and building coverage, unless otherwise stated in this section or prohibited by state law. i. Accessory dwelling units shall conform to all applicable building and construction codes. ii. No passageway, defined as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit, shall be required in conjunction with the construction of an detached accessory dwelling unit. iii. No setback shall be required for an existing garage permitted structure that is converted to an accessory dwelling unit, or for an accessory dwelling unit that is constructed in replacement of an existing permitted structure, provided it is in the same location and has the same dimensions. or to a portion of an accessory dwelling unit. iv. A setback of no more than five four feet from the side and rear lot lines shall be required for an accessory dwelling unit. that is constructed above a garage. v. Accessory dwelling units that include the creation of new square footage shall be limited to 16 feet in height. Up to 150 square feet of new square footage may be exempted from this requirement in connection to a conversion of existing upper floor square footage, but only as needed to accommodate ingress and egress. vi. Architectural style and form shall match the style and form of the primary residential structure(s) on the property. vii. The materials of the accessory dwelling unit shall match the materials of the primary residential structure(s) on the property. viii. Accessory dwelling units shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence. Packet Page 142 Item 8 Ordinance No. _____ (2020 Series) Page 8 O ______ ix. No additional parking spaces shall be required for an accessory dwelling unit. If a garage or car port is converted or removed to accommodate an accessory dwelling unit, replacement parking is not required. x. Exceptions to these design standards can be approved by the Director, through Directors Action, subject to required findings (section 17.108.040). b. 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. Parking shall be permitted only in those locations specified in these zoning regulations. b. Historic Resources. 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 the Interior standards for the treatment of historic properties. c. Utility Connection Fees. Where an accessory dwelling unit is created within an existing structure (primary or accessory), no new utility connection or payment of impact fees shall be required. For all other accessory dwelling units, a new utility connection for the accessory dwelling unit and payment of impact fees shall may be required if the accessory dwelling unit is 750 square feet or more. e. Architectural Compatibility. Accessory dwelling units shall be architecturally and functionally compatible with the primary residence. The accessory dwelling unit shall comply with the following design standards: i. 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. ii. Materials. The materials of the accessory dwelling unit shall match or be compatible with the materials of the primary residence on the property. 4. 6. Procedure Requirements. An accessory dwelling unit that meets the standards contained in this section shall be subject to ministerial review (building permit) and approval without discretionary review (i.e., use permit, architectural review, etc.) or public hearing. Within one hundred twenty sixty days of receiving a complete application, the city shall approve any such application which complies with all applicable requirements and development standards identified in this chapter. When an accessory dwelling unit is proposed with a new single-family, duplex, or multifamily structure, this sixty-day requirement shall not apply. Packet Page 143 Item 8 Ordinance No. _____ (2020 Series) Page 9 O ______ 5. Owner-Occupancy. The owner of the property shall occupy either the primary residence or the accessory dwelling unit. The director may waive this requirement in one-year increments, not to exceed a total of five consecutive years, based on a showing of a hardship. A hardship shall include, but not be limited to, inheritance of property with an accessory dwelling unit. Owner-occupancy is not required in the R-3 or R-4 zones. 6. 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 an “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. 7. No Short-Term Rental. An accessory dwelling unit cannot be rented for a period of less than 30 days. Homestay use of an accessory dwelling unit is prohibited. 7. 8. Violations. Violation of any of the provisions shall be subject to basic code enforcement action as provided in Title 1 of the Municipal Code. C. Junior Accessory Dwelling Units. The provisions in this Subsection shall apply to junior accessory dwelling units as defined in Chapter 17.156 (Land Use Definitions) and where allowed in compliance with Chapter 17.10 (Use Regulations). 1. Purpose. The purpose of this Chapter is to provide for the creation of junior accessory dwelling units in a manner that is consistent with requirements identified in Government Code Section 65852.22, as amended from time to time. Implementation of this Section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods. 2. General Requirements. a. Application. Where this Section does not contain a particular type of standard or procedure, conventional zoning standards and procedures shall apply. b. Areas Where Junior Accessory Dwelling Units Are Allowed. Upon meeting the requirements of this Section, junior accessory dwelling units may be established in any zone where the use of the property is a single-unit dwelling, either existing or proposed. A junior accessory dwelling unit may only be allowed on a lot with an accessory dwelling unit if the accessory dwelling unit is detached from the single- family structure. c. Sale of Property. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel. Packet Page 144 Item 8 Ordinance No. _____ (2020 Series) Page 10 O ______ d. Location. A junior accessory dwelling unit must be created within the walls of a proposed or existing primary dwelling. Conversion of an existing garage or attached accessory dwelling unit into a junior accessory dwelling unit is not permit by this section. i. An expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure may be included if the expansion beyond the physical dimensions of the existing structure is limited to accommodating ingress and egress. e. Size of Junior Accessory Dwelling Unit. The gross floor area of a junior accessory dwelling unit shall not exceed 500 square feet. f. Limitation on Number. Only one junior accessory dwelling unit, may be located on any residentially zoned lot. A junior accessory dwelling unit may only be located on a lot which contains one permitted single-family structure or in connection to the construction of a single-family structure. One detached accessory dwelling unit may also be located on the lot. 3. Performance Standards and Compatibility. a. Design Standards. Junior accessory dwelling units shall conform to all applicable development standards of the underlying zone, including but not limited to height, setback area, parking, and building coverage. A junior accessory dwelling unit that conforms to this Section shall not be considered a dwelling unit for the purpose of calculating density. i. Junior accessory dwelling units shall conform to all applicable building and construction codes. ii. A separate exterior entry shall be provided to serve a junior accessory dwelling unit. iii. The interior connection to the main living area may be maintained or removed. iv. At a minimum, junior accessory dwelling units shall include an efficiency kitchen, which shall contain a cooking facility, food preparation counter, and storage cabinets. v. Junior accessory dwelling units shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence. vi. No additional parking spaces shall be required for a junior accessory dwelling unit. Packet Page 145 Item 8 Ordinance No. _____ (2020 Series) Page 11 O ______ b. Utility Connection Fees. Where a junior accessory dwelling unit is created no new utility connection or payment of impact fees shall be required. c. Fire and Life Protection. For 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. 4. Procedure Requirements. A junior accessory dwelling unit that meets the standards contained in this Section shall be subject to ministerial review (building permit) and approval without discretionary review (i.e., Use Permit, Architectural Review, etc.) or public hearing. Within sixty days of receiving a complete application, the City shall approve any such application which complies with all applicable requirements of this Section. 5. Owner-Occupancy. The owner of the property shall occupy either the primary residence or the junior accessory dwelling unit. 6. Covenant Agreement. Prior to the issuance of building permits for a junior accessory dwelling unit, a covenant agreement shall be recorded which discloses the structure’s approved floor plan and status as an “junior 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. 7. No Short-Term Rental. A junior accessory dwelling unit cannot be rented for a period of less than 30 days. Homestay use of a junior accessory dwelling unit is prohibited. 8. Violations. Violation of any of the provisions shall be subject to basic code enforcement action as provided in Title 1 of the Municipal Code. C. D. Guest Quarters. 1. Purpose and Intent. The purpose of this section is to establish regulations for the development of guest quarters as an approved accessory use to a primary residential unit. 2. Applicability. This section does not apply to legally established dwellings or accessory dwelling units, or accessory structures which are separately defined in Chapter 17.158 General Definitions). 3. General Requirements. Guest quarters shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc., and shall be subject to the following provisions: a. Accessory to Primary Residence. Guest quarters may only be used in conjunction with a primary residence that contains a kitchen and may consist of detached structures or additions to primary structures. b. Size. Guest quarters shall be no larger than four hundred fifty square feet. Packet Page 146 Item 8 Ordinance No. _____ (2020 Series) Page 12 O ______ c. Density and Development Standards. Guest quarters shall be consistent with density provisions and development standards of the underlying zone. For the purposes of calculating density in multi-unit residential zones, guest quarters will be considered an additional bedroom, accessory to the primary unit. The structure may not exceed four hundred fifty square feet and shall remain in an open floor plan (studio configuration). d. Zones in Which Guest Quarters May Be Allowed. Upon meeting the requirements in this section, guest quarters 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-unit residential dwelling. e. Areas Prohibited. Guest quarters shall not be allowed on nonconforming lots. Guest quarters 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. Guest quarters shall not be allowed on lots with an existing accessory dwelling unit. f. Owner Occupancy. The property must be occupied by the property owner as the owner’s primary place of residence. If a property can no longer be occupied as the owner’s primary place of residence, the guest quarters may continue to be used as habitable space (e.g., office, pool house, art studio) but can no longer be used as overnight sleeping quarters. g. No Separate Rental. Guest quarters may not be rented separately from the primary dwelling unit. h. No Kitchen Facilities. No facilities meeting the definition of a “kitchen” as defined in Chapter 17.158 (General Definitions) may be installed and plumbing shall be provided for bathroom use only. No plumbing may be provided to “wet bars,” dishwashers, or any features that could be used for a kitchen. Plans approved for construction of guest quarters shall not include countertops or plumbing designed for subsequent installation of sinks, dishwashers, garbage disposals, or any other features consistent with the definition of a “kitchen.” 4. Procedure Requirements. Prior to filing building plans with the city building division, the following shall be met: a. Architectural Review Required. All requests shall be reviewed for consistency with the city’s community design guidelines and this section. The director shall determine, upon receiving a 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 the Interior standards for treatment of a historic property. Packet Page 147 Item 8 Ordinance No. _____ (2020 Series) Page 13 O ______ b. Application Contents. A guest quarters permit shall be approved by the director prior to the submittal of documents requesting construction approval. No additional application fees for architectural review shall be required. c. Owner’s Agreement with the City. Prior to the issuance of construction permits, a covenant agreement shall be recorded that discloses the structure’s approved floor plan and status as “guest quarters,” which cannot be used as an independent dwelling unit, and may only be used in conjunction with the primary residence that contains a kitchen. 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 a property can no longer be occupied as the owner’s primary place of residence, the guest quarters may continue to be used as habitable space (e.g., office, pool house, art studio) but shall no longer be used as overnight sleeping quarters. 5. Conversion of Guest Quarters to an Accessory Dwelling Unit. A legally established guest quarters may either be retained in its configuration or be converted to an accessory dwelling unit in compliance with the provisions of this chapter; however, only one accessory dwelling unit or guest quarters is allowed per property. (Ord. 1657 § 17, 2019; Ord. 1650 § 3 (Exh. B), 2018) SECTION 6. Section 17.156.004 of the San Luis Obispo Municipal Code, entitled A Definitions, is hereby amended to read as follows: 17.156.004 – A Definitions Accessory Dwelling Unit (ADU). An attached or detached dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence another primary, single-unit dwelling. An ADU includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same lot as a single-family or multifamily structure is or will be situated the primary unit. An ADU may be structured as one efficiency unit, as defined in of the Health and Safety Code Section 17958.1, and/or (2) a manufactured home, as defined in of the Health and Safety Code Section 18007, among other formats. Accessory Dwelling Unit, Attached. An ADU that is either attached to (by a minimum of one shared wall), or completely contained within, the primary existing space of the single- unit dwelling unit or existing accessory structure. Accessory Dwelling Unit, Detached. An ADU that provides new residential square footage not attached or sharing any walls with the primary existing single-unit dwelling. Packet Page 148 Item 8 Ordinance No. _____ (2020 Series) Page 14 O ______ SECTION 7. Section 17.156.022 of the San Luis Obispo Municipal Code, entitled J Definitions, is hereby amended to read as follows: 17.156.022 – J Definitions Reserved. Junior Accessory Dwelling Unit (JADU). A unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. SECTION 8. Effectiveness. This emergency ordinance shall be codified and remain in effect for 180 days, or until permanent amendments to chapter 17, section 17.86.020, are adopted, whichever comes first. On that date, this ordinance shall be automatically repealed and shall be of no further force and effect. SECTION 9. Environmental Determination. In accordance with Public Resources Code Section 21080.17 that applies to local ordinances implementing State regulations related to accessory dwelling units, adoption of this emergency ordinance is exempt from the provisions of the California Environmental Quality Act. SECTION 10. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it should have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 11. Legislative history and effective date. This ordinance was adopted on February 4, 2020 and shall be effective immediately and codified in Chapter 17 and shall be automatically repealed on March 18, 2020 at midnight. Packet Page 149 Item 8 Ordinance No. _____ (2020 Series) Page 15 O ______ SECTION 12. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the ____ day of ____, 2020, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ____, 2020, on the following vote: AYES: NOES: ABSENT: Mayor Heidi Harmon ATTEST: Teresa Purrington 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 __________________________, 2020. Teresa Purrington City Clerk Packet Page 150 Item 8 RESOLUTION NO. PC-1002-20 A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING CITY COUNCIL INTRODUCE AND ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE ASSOCIATED WITH ACCESSORY DWELLING UNIT AND INTRODUCING JUNIOR ACCESSORY DWELLING UNIT PROVISIONS WITH A STATUTORY EXEMPTION FROM ENVIRONMENTAL REVIEW (CODE-0821-2019) WHEREAS, on October 9, 2019, the California legislature passed, and Governor Newsom signed SB 13, AB 68, AB 670, and AB 881 to encourage development of accessory dwelling units and junior accessory dwelling units; and WHEREAS, the City of San Luis Obispo desires to update its Accessory Dwelling Unit section and introduce a Junior Accessory Dwelling Unit section of Title 17, consistent with current state law; and 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 January 8, 2020, for the purpose of considering amendments to Title 17 (Zoning Regulations) of the Municipal Code regarding accessory dwelling units and junior accessory dwelling units; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the proposed legislation; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Finding. Based upon all the evidence, the Planning Commission makes the following findings: 1. The proposed amendments to Title 17 are consistent with State law and 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 size limitations for accessory dwelling units are consistent with California Government Code Sections 65852.2 and 65852.22 and will not burden the development of accessory dwelling units and junior accessory dwelling units. Section 2. Environmental Review. The ordinance is exempt under Public Resources Code Section 21080.17 that applies to local ordinances implementing State regulations related to accessory dwelling units Packet Page 151 Item 8 I Planning Commission Resolution # 1002-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page2 Section 3. Recommendation. The Planning Commission does hereby recommend the City Council introduce and adopt an Ordinance amending Title 17 (Zoning Regulations) of the Municipal Code associated with accessory dwelling units and introducing junior accessory dwelling unit provisions as set forth in Attachment 1. Upon motion of Commissioner Stevenson, seconded by Commissioner Jorgensen, and on the following roll call vote: AYES: Commissioners Jorgensen, Kahn, McKenzie, Quincey, Stevenson, Vice-Chair Dandekar and Chair Wulkan NOES: None REFRAIN: None ABSENT: None The foregoing resolution was adopted this gth day of January 2020. Packet Page 152 Item 8 Planning Commission Resolution# 1002-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page 3 Attachment 1: Title 17 Amendments 17.86.020-Accessory dwelling units, junior accessory dwelling units, and guest quarters. A. Purpose and Applicability. The purpose of this Chapter is to prescribe development and site regulations that apply, except where specifically stated, to accessory dwelling units. junior accessory dwelling units, and guest quarters, as defined in Chapter 17.156 (Land Use Definitions). B. Accessory Dwelling Units. The provisions in this subsection shall apply to accessory dwelling units as defined in Chapter 17.156 (Land Use Definitions) and where allowed in compliance with Chapter 17.1 O (Use Regulations). 1. Purpose. The purpose of this chapter is to provide for the creation of accessory dwelling units in a manner that is consistent with requirements identified in Government Code Section 65852.2, as amended from time to time. Implementation of this section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods. 2. General Requirements. a. Application. Where this section does not contain a particular type of standard or procedure, conventional zoning standards and procedures shall apply. b. Areas Where Accessory Dwelling Units Are Allowed. Upon meeting the requirements of this section, accessory dwelling units may be established in any zone that allows single-unit residential dwellings, whoA tho primaFY use oA tho site is an existing or proposed singly 1:Jnit residential dwelling . multi-unit residential dwellings, or mixed-use development (per table 2.1 ). where a single-family structure or multifamily structure is existing or proposed . The existing or proposed single 1:Jnit residential dwelling is ref erred to as "primary unit" in this section. Areas PFehibited. A-OcossOF)' dwelling 1:Jnits shall not be established in any condominium , common interest development or planned development project unless specifically addressed in tho planned de·.iolopmont ordinance as adopted or amended or any mobile home s1:1bdivision or trailer park. de. No Subdivision of Property. No subdivision of property shall be allowed where an accessory dwelling unit has been established unloss tho s1:1bdivision moots all roquirnmonls of zoning and s1:1bdi1Jision regulations and the resulting subdivision does not maintain the primary residence on the same lot as the accessory dwelling unit(s). ed. Sale of Property. This section shall apply to new owners of property where an accessory dwelling unit has been established. All conditions of director's action to allow oxcoptions to maximum unit size (if applicable), restrictive covenants and other contractual agreements with the city shall apply to the property and the new owners, except as allowed by state law. f. URit Ty~es Allewed. An accossOF)' dwelling un~ may be either attached or detached from tho primaF)' single unit residential dwelling on tho lot. 1) An attached accessory dwelling unit shall be defined as either attached to (by a minimum of one shared wall), or completely coAtained within , tho primaF)' existing space of tho single 1:Jnit rosidontial dwelling unit or existing accessory struct1:1ro . 2) A detached accessory dwelling unit shall be defined as new residential sq1:1aro footage not attached or sharing any walls with !he primary existing single 1:1nit res idential dwelling 1;1nit. Packet Page 153 Item 8 Planning Commission Resolution # 1002-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page4 g. Size af AGsessal)' Dwelling Ynit. The gross floor area ol an accossor:y Elwolling unit shall ee no loss than one hundree lifty sq1:1are foot and shall not ox:cood the lessor of fifty por:cent of the primaf)' 1:1nit's existing living area or: eight h1:1ndFOd sq1:1aro foot. Tl:ie director: may authorize an exception to this standare to allow an accossof)' dwelling unit up to one thousand two h1:1ndred square loot lhrougf:l lho Eliroctor's action process . R. Limitation on Number. Accessory dwelling 1,mits aFO limited to one unit per propofty. 3. Requirements on Lots with a Proposed or Existing Single-Family Structure. Unit Types Allowed. An accessory dwelling unit on a lot with a single-family structure may be either attached or detached from the primary unit and may be constructed as a studio, one-bedroom, or two- bedroom unit. 1) Attached: An attached accessory dwelling unit shall be either connected to (by a minimum of one shared wall) or contained completely or partially within the existing footprint of a single-family structure. 2) Detached : A detached accessory dwelling unit shall be either new or converted square footage that is not connected to the primary single-family structure. b. Size of Accessory Dwelling Unit. The gross floor area of an attached or detached accessory dwelling unit shall be as follows : 1) Attached : The gross floor area of an attached accessory dwelling unit shall be no less than a 150 square feet and shall not exceed the lesser of the following: 50 percent of an existing primary unit's living area, or: 850 square feet for a studio or one-bedroom unit, or; 1,000 square feet for a two- bedroom unit. 2) Detached: The gross floor area of a detached accessory dwelling unit shall be no less than 150 square feet and shall not exceed 850 square feet for a studio or one-bedroom unit, or 1,000 square feet for a two-bedroom unit. c. Limitation on Number. Only one accessory dwelling unit is permitted per lot. 4. Requirements on Lots with a Proposed or Existing Multifamily Structure. a. Unit Types Allowed. An accessory dwelling unit on a lot with a multifamily structure may be converted from exist ing squa re footage, or as new construction either attached to or detached from the primary structure . Accessory dwelling units may be constructed as studio, one-bedroom, or two-bedroom units. 1) Converted Square Footage Units : Accessory dwelling units may be created within the portions of existing multifamily structures that are not used as livable space, includ ing , but not limited to, storage rooms, boiler rooms, passageways, attics, basements . or garages, if compliant with state building standards for dwellings. 2) New Square Footage Units : Accessory dwelling units that include the construction of new square footage may be created on a lot that has an existing or proposed multifamily structure and may be attached to or detached from the primary dwelling, if compliant with state building standards for dwellings . Packet Page 154 Item 8 Planning Commission Resolution # 1002-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page 5 b. Size of Accessory Dwelling Unit. The gross floor area of an accessory dwelling unit on a lot with a multifamily structure shall be no less than 150 square feet and shall not exceed 850 square feet for a studio or one -bedroom unit. or 1,000 square feet for a two-bedroom unit. Q:. Limitation on Number. The number of accessory dwelling units shall be limited to no more than 25 percent of the existing or proposed multifamily units, but shall not be less than one unit per lot. On a lot with an existing multifamily structure(s), no more than two units that include the construction new square footage shall be allowed . d. Lots with Both Single-Family and Multifamily Structures. Provisions for accessory dwelling units on lots with multifamily structures shall not be combined with provisions for lots with single-family structures or vice versa. 5. Performance Standards and Compatibility. a. Design Standards. Accessory dwelling units shall conform to all applicable development standards of the underlying zone, including but not limited to height, setback area, parking, and building coverage, unless otherwise stated in this section. An accessory dwelling unit that conforms to this Section shall not be considered a dwelling unit for the purpose of calculating density. 1) Accessory dwelling units shall conform to all applicable building and construction codes. 2) No passageway, defined as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit, shall be required in conjunction with the construction of an Eletached accessory dwelling unit. 3) No setback shall be required for an existing ~ permitted structure that is converted to an accessory dwelling unit. or for an accessory dwelling unit that is constructed in replacement of an existing permitted structure. provided it is in the same location and has the same dimensions. 9f-a por:tioA of aA accessory ElwelliAg 1:mit. 4) A setback of no more than five four feet from the side and rear lot lines shall be required for an accessory dwelling unit. 5) Accessory dwelling units that include the creation of new square footage shall be limited to 16 feet in height. Up to 150 square feet of new square footage may be exempted from this requirement in connection to a conversion of existing upper floor square footage, but only as needed to accommodate ingress and egress. 6) Architectural style and form shall match the style and form of the primary residential structure(s) on the property. 7) The materials of the accessory dwelling unit shall match the materials of the primary residential structure(s) on the property. 8) Accessory dwelling units shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence. 9) No additional parking spaces shall be required for an accessory dwelling unit. If a garage or carport is converted or removed to accommodate an accessory dwelling unit. replacement parking is not required . 10) Exceptions to these design standards can be approved by the Director, through Directors Action, subject to required findings {section 17.108 .040). Packet Page 155 Item 8 Planning Commission Resolution # 1002-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page 6 b. Replasement of Re1:1uired Parking fer Prima')' UAit. When a garage , caFpoFt, or co·rerod 13arking str1:1cl1:1re is demolished or oonveFted in oonjunction with tl:le oonstr1:1ction of an acoessory dwelling 1:1nit, re13laoement 13arking s13aoes may be located in any configuration on tl:le same lo! as tRe accessory dwelling unit , incl1:1ding b1:1t not limited to ooverod spaoes , 1:1nooverod spaces, or tandem s13aces . Parking shall be permitted enly in those looatiens s13eoif ied in these iening regulatiens. b. Historic Resources. 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 the Interior standards for the treatment of historic properties. c. Utility Connection Fees. Where an accessory dwelling unit is created within an existing structure primary or accessory), no new utility connection or payment of impact fees shall be required. For all other accessory dwelling units, a new utility connection for the accessory dwelling units and payment of impact fees SRaH may be required if the accessory dwelling unit is 750 square feet or more. e. Arshitestural Compatibility. Aooessory dwelling 1:1nits shall be arol:liteot1:1Fally and functionally cempatible with tl:le primary Fesidence . The accessory dwelling unit shall cem13ly with tRe following design slandaFds : 1) Arohitect1;1ral Style and Form. Arcl:litectural style and farm shall match er be cem13atible with tl:le style and form of tl:le 13rimary residence on tho 13ro130Fty. 2) Materials . Tl:le mate rials of the accessory dwelling un it shall match er be com13atiblo with tho matmials el the 13rimary residence on tl:le 13ro13erty 4.6. Procedure Requirements. An accessory dwelling unit that meets the standards contained in this Section shall be subject to ministerial review (building permit) and approval without discretionary review (i.e., Use Permit, Architectural Review, etc.) or public hearing. Within +2G 60 days of receiving a complete application, the City shall approve any such application which complies with all applicable requirements and development standards identified in this Chapter. When an accessory dwell ing unit is proposed with a new single-family or multifamily structure. this 60 -day requirement shall not apply. 5. OwRer OssupaRsy . Tho owner ef tho 13ro13erty sl:lall occu13y either tho primary Fesidence or the accessery dwelling l:lnit. The direotor may waive this reql:liromont in one year inoroments , net to e*oeed a total of five consecutive years , based en a sl:lowing of a 1:laFdshi13. A hardsl:lip sl:lall inolude , bu! not be limited to , inheritance of 13ro13erty with an acoossory dwelling 1.mit. Owner ooou13anoy is not reql:lirod in tho R 3 or R 4 6. CoveRaRt AgreemeRt. Prior to tl:lo issuanoo of builaing 13ormits fer an accessory dwelling unit, a oovenant agreement shall be reoerded whioh discloses the str1:1cturo 's appro·1ed fleer 13lan and stat1:1s as an "accessory dwelling unit " and agroeing that the 13ro13erty will be owner ooot113 ied. This agreernent shall be resoFded in the offioe of tho cot1nly reooFder to provide censtmctive notice to all fl:ltl:lre ewners of the 13ro13erty . 7. No Short-Term Rental. An accessory dwelling unit cannot be rented for a period of less than 30 days. Homestay use of an accessory dwelling unit is prohibited. 18. Violations. Violation of any of the provisions shall be subject to basic code enforcement action as provided in Title 1 of the Municipal Code. 9. Exceptions. Except as provided in subsection 8.5.a.(10), no exceptions to the provisions of this Section may be approved. Packet Page 156 Item 8 Planning Commission Resolution # 1002-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page 7 C. Junior Accessory Dwelling Units. The provisions in this Subsection shall apply to iunior accessory dwelling units as defined in Chapter 17.156 (Land Use Definitions) and where allowed in compliance with Chapter 17.10 Use Regulations). 1. Purpose. The purpose of this Chapter is to provide for the creation of junior accessory dwelling units in a manner that is consistent with requirements identified in Government Code Section 65852.22, as amended from time to time. Implementation of this Section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods. 2. General Requirements. a. Application . Where this Section does not contain a particular type of standard or procedure, conventional zoning standards and procedures shall apply. b. Areas Where Junior Accessory Dwelling Units Are Allowed. Upon meeting the requirements of this Section, junior accessory dwelling units may be established in any zone where the use of the property is a single-unit dwelling, either existing or proposed . A junior accessory dwelling unit may only be allowed on a lot with an accessory dwelling unit if the accessory dwelling unit is detached from the single-family structure. c. Sale of Property: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel. d. Location. A junior accessory dwelling unit must be created within the walls of a proposed or existing primary dwelling. Conversion of an existing attached garage into a junior accessory dwelling unit is permit by this section. 1) An expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure may be included if the expansion beyond the physical dimensions of the existing structure is limited to accommodating ingress and egress. e. Size of Junior Accessory Dwelling Unit. The gross floor area of a junior accessory dwelling unit shall not exceed 500 square feet. f. Limitation on Number. Only one junior accessory dwelling unit may be located on any residentially zoned lot. A junior accessory dwelling unit may only be located on a lot which contains one permitted single-family structure or in connection to the construction of a single-family structure. One detached accessory dwelling unit may also be located on the lot. 3. Performance Standards and Compatibility. a. Design Standards . Junior accessory dwelling units shall conform to all applicable development standards of the underlying zone, including but not limited to height. setback area, parking, and building coverage. A junior accessory dwelling unit that conforms to this Section shall not be considered a dwelling unit for the purpose of calculating density. 1) Junior accessory dwelling units shall conform to all applicable building and construction codes. 2) A separate exterior entry shall be provided to serve a junior accessory dwelling unit. 3) The interior connection to the main living area may be maintained or removed. 4) At a minimum, junior accessory dwelling units shall include an efficiency kitchen, which shall contain a cooking facility, food preparation counter, and storage cabinets. Packet Page 157 Item 8 Planning Commission Resolution # 1002-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page 8 5) Junior accessory dwelling units shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence . 6) No additional parking spaces shall be required for a junior accessory dwelling unit. b. Utility Connection Fees. Where a junior accessory dwelling unit is created no new utility connection or payment of impact fees shall be required . c. Fire and Life Protection. For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling un it shall not be considered a separate or new dwelling unit. 4. Procedure Requirements. A junior accessory dwelling unit that meets the standards contained in this Section shall be subject to ministerial review (building permit) and approval without discretionary review (i.e .• Use Permit. Architectural Rev iew. etc.) or public hearing. Within 60 days of receiving a complete application, the City shall approve any such application which complies with all applicable requirements and development standards. 5. Owner-Occupancy. The owner of the property shall occupy either the primary residence or the junior accessory dwelling unit. 6. Covenant Agreement. Prior to the issuance of building permits for a junior accessory dwelling unit, a covenant agreement shall be recorded which discloses the structure 's approved floor plan and status as a juni or 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. 7. No Short-Term Rental. A junior accessory dwelling unit cannot be rented for a period of less than 30 days. Homestay use of a junior accessory dwelling unit is prohibited 8. Violations. Violation of any of the provisions shall be subject to basic code enforcement action as provided in Title 1 of the Municipal Code: CD. Guest Quarters. 1. Purpose and Intent. The purpose of this Section is to establish regulations for the development of guest quarters as an approved accessory use to a primary residential unit. 2. Applicability. This Section does not apply to legally established dwellings or accessory dwelling units, or accessory structures which are separately defined in Chapter 17.158 (General Definitions). 3. General Requirements. Guest quarters shall conform to all applicable Zoning Regulations such as height, yards, parking, building coverage, etc., and shall be subject to the following provisions: a. Accessory to Primary Residence. Guest quarters may only be used in conjunction with a primary residence that contains a kitchen and may consist of detached structures or additions to primary structures. b. Size. Guest quarters shall be no larger than four hundred fifty square feet. c. Density and Development Standards. Guest quarters shall be consistent with density provisions and development standards of the underlying zone. For the purposes of calculating density in multi-unit residential zones, guest quarters will be considered an additional bedroom, accessory to the primary unit. The structure may not exceed four hundred fifty square feet and shall remain in an open floor plan (studio configuration). Packet Page 158 Item 8 Planning Commission Resolution # 1002-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page9 d. Zones in Which Guest Quarters May Be Allowed. Upon meeting the requirements in this Section, guest quarters may be established in the following zones: R-1, R-2, R-3, R-4, and 0, when the primary use on the site is a single-unit residential dwelling. e. Areas Prohibited. Guest quarters shall not be allowed on nonconforming lots. Guest quarters 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. Guest quarters shall not be allowed on lots with an existing accessory dwelling unit. f. Owner Occupancy. The property must be occupied by the property owner as the owner's primary place of residence. If a property can no longer be occupied as the owner's primary place of residence, the guest quarters may continue to be used as habitable space (e.g., office, pool house, art studio) but can no longer be used as overnight sleeping quarters. g. No Separate Rental. Guest quarters may not be rented separately from the primary dwelling unit. h. No Kitchen Facilities. No facilities meeting the definition of a "kitchen" as defined in Chapter 17.158 General Definitions) may be installed and plumbing shall be provided for bathroom use only. No plumbing may be provided to "wet bars," dishwashers, or any features that could be used for a kitchen. Plans approved for construction of guest quarters shall not include countertops or plumbing designed for subsequent installation of sinks, dishwashers, garbage disposals, or any other features consistent with the definition of a "kitchen." 4. Procedure Requirements. Prior to filing building plans with the City Building Division, the following shall be met: a. Architectural Review Required. All requests shall be reviewed for consistency with the City's Community Design Guidelines and this Section. The Director shall determine, upon receiving a 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 guest quarters permit shall be approved by the Director prior to the submittal of documents requesting construction approval. No additional application fees for architectural review shall be required. c. Owners Agreement with the City. Prior to the issuance of construction permits, a covenant agreement shall be recorded that discloses the structure's approved floor plan and status as "guest quarters," which cannot be used as an independent dwelling unit, and may only be used in conjunction with the primary residence that contains a kitchen. 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 a property can no longer be occupied as the owner's primary place of residence, the guest quarters may continue to be used as habitable space (e.g., office, pool house, art studio) but shall no longer be used as overnight sleeping quarters. 5. Conversion of Guest Quarters to an Accessory Dwelling Unit. A legally established guest quarters may either be retained in its configuration or be converted to an accessory dwelling unit in compliance with the provisions of this Chapter; however, only one accessory dwelling unit or guest quarters is allowed per property. Packet Page 159 Item 8 Planning Commission Resolution # 1002-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page 10 17.70.120-Lot Coverage A. Purpose and Application. As defined in Chapter 17 .158 (General Definitions), lot coverage is the ratio of the total area of a lot covered by the footprint of all structures to the net lot area, typically expressed as a percentage of the total lot area , including all buildings, decks, balconies, porches, accessory structures and accessory dwellings, and similar architectural features. Maximum coverage shall be as provided in the specific property development standards for the various zones in Chapters 17.12 through 17.64, inclusive . roof eave not included lot area = 8,000 square feet structures = 2, 100 square feet lot coverage = 26% B. Excluded from Lot Coverage. The following structures shall be excluded from the lot coverage calculation: 1. Uncovered decks , porches, landings, balconies , and stairways that are 30 inches or less in height, as measured from the adjacent existing grade. Figure 3-11: Decks Excluded from Coverage Included in coverage Packet Page 160 Item 8 I • • Planning Commission Resolution # 1002-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page 11 2. Roof eaves which project 30 inches or less from the structure are not included in the determination of coverage. 3. Swimming pools and hot tubs that are not enclosed in roofed structures or decks. 4. One small, non-habitable accessory structure under 120 square feet and under seven feet high. Any additional structures above quantity of one shall be included in lot coverage. 5. Up to 400 800 square feet of an accessory dwelling unit. Any additional square footage of an accessory dwelling unit shall be included in lot coverage. Packet Page 161 Item 8 Planning Commission Resolution # 1002-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page 12 17.156.004-A Definitions Accessory Dwelling Unit (ADU). An attached or detached dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence aAotl:lor primary, siAglo l:IAit dwolliAg. An ADU includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same lot as a single-family or multifamily structure is or will be situated tho primary uAit An ADU may be structured as one efficiency unit, as defined in of the Health and Safety Code Section 17958.1, and/or (2) a manufactured home, as defined in of the Health and Safety Code Section 18007, among other formats. AccessaF)' QwelliRg URit, Attached. AA ADU tl:lat is oitl:ler attael:lod to (by a miAimum of one shared wall), or eomplotoly eoAtaiAod withiA , the primary existiAg spaeo of the siAglo UAit dwolliAg unit or oxistiAg aecessory str1:1eturo. Accessary DwelliRg Unit, 9etached. An ADU that provides new residential SEjUaFe footage not attaehod or sl:laring any walls with tl:lo primary existing single unit dwelling. 17.156.022-J Definitions Reserved. Junior Accessory Dwelling Unit (JADU). A unit that is no more than 500 square feet in size and contained entirely within asingle-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. Packet Page 162 Item 8 City ofSanLuisObispo, Council Agenda, CityHall, 990Palm Street, SanLuis Obispo Minutes - Draft Planning Commission Regular Meeting Wednesday, January 8, 2020 CALL TO ORDER A Regular Meeting of the San Luis Obispo Planning Commission was called to order on Wednesday, January 8, 2020 at 6:03 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Chair Wulkan. ROLL CALL Present: Commissioners Robert Jorgensen, Steve Kahn, John McKenzie, Nicholas Quincey, Charles Stevenson, Vice-Chair Hemalata Dandekar, and Chair Mike Wulkan Absent: None Staff: Community Development Director Michael Codron, Principal Planner Tyler Corey, Assistant City Attorney Charles Bell, and Deputy City Clerk Kevin Christian Pledge of Allegiance PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA David Brodie 1. CONSENT AGENDA – CONSIDERATION OF MINUTES ACTION: MOTION BY COMMISSIONER STEVENSON, SECOND BY COMMISSIONER KAHN, CARRIED 7-0-0 to approve the Special Planning Commission Minutes of November 6, 2019. Packet Page 163 Item 8 Planning Commission Meeting Minutes Page 2 of 5 January 8, 2020 PUBLIC HEARINGS 2. Project Address: 545 Higuera & 486 Marsh; Case #: ARCH-0017-2019; Zone: C-D; Marsh Higuera Mixed Use LLC, owner/applicant. Review of a proposed four-story, 50- foot tall, mixed-use project consisting of 5,241 square feet of commercial use on the ground floor, eight hotel suites, and 39 residential units. Project includes: a request for a mechanical parking lift; parking, landscaping, and site improvements; and a categorical exemption from environmental review (CEQA). Senior Planner Shawna Scott presented the staff report and responded to Commission inquiries. Applicant representative Joel Snyder, Ten Over Studio, summarized building design considerations, provided comments concerning potential impacts to nearby historic buildings, and reviewed neighborhood auto, pedestrian, and bicycling connectivity. Chair Wulkan opened the public hearing. Public Comments David Brodie David Maksoudian Lori Manfredi James Papp Applicant representative Joel Snyder, and applicant Taylor Judkins, responded to Commission questions raised during public comment. Chair Wulkan closed the public hearing. ACTION: MOTION BY COMMISSIONER STEVENSON, SECOND BY VICE CHAIR DANDEKAR, SECOND WITHDRAWN BY VICE CHAIR DANDEKAR, MOTION SECOND BY COMMISSIONER McKENZIE, CARRIED 5-0-2 (Commissioner Quincey and Vice Chair Dandekar Dissenting) to continue the item to a date uncertain to allow the applicant to redesign the exteriors, specifically the street facing façades, of both buildings, a and b, to bring them into compatibility with adjacent and surrounding architectural forms to protect and preserve the scale and character of the downtown historic area (Community Design Guide specific references: 1.1, 3.1.a, 3.1.b, and generally sections 2 through 5). Further the applicant should explore the idea of step backs to the top two floors, a one-way driveway, and the use of taller trees for screening neighboring properties. 4. Agenda Item 4 was heard at this time. RECESS Chair Wulkan called for a recess at 7:50 p.m. The meeting reconvened at 8:00 p.m. with all Commissioners present. Packet Page 164 Item 8 Planning Commission Meeting Minutes Page 3 of 5 January 8, 2020 3. Project Address: 301 Prado; Case #: ARCH-0424-2019; Zone: B-P-SP, C/OS-SP; 301 Prado Group, LLC, owner/applicant. Review of seven two-story structures consisting of approximately 160,000 square feet of office and industrial space. The project is consistent with the Margarita Area Specific Plan Final Environmental Impact Report (EIR) and Supplemental Initial Study and Mitigated Negative Declaration (MND) adopted for Vesting Tentative Tract Map #3011. Associate Planner Kyle Bell presented the staff report and responded to Commission inquiries. Applicant Representative Pam Ricci, RRM Design Group, reviewed the history and purpose of the project coming before the Planning Commission, and provided a broad overview of project consistency to City Design Guidelines. Chair Wulkan opened the public hearing. Public Comments None Chair Wulkan closed the public hearing ACTION: MOTION BY COMMISSIONER STEVENSON, SECOND BY COMMISSIONER JORGENSEN, CARRIED 7-0-0 to adopt a resolution entitled: A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION APPROVING THE DEVELOPMENT OF SEVEN, TWO-STORY STRUCTURES CONSISTING OF APPROXIMATELY 159,663 SQUARE FEET OF OFFICE AND INDUSTRIAL SPACE. THE PROJECT IS CONSISTENT WITH THE MARGARITA AREA SPECIFIC PLAN FINAL ENVIRONMENTAL IMPACT REPORT (EIR) AND SUPPLEMENTAL INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION IS/MND) ADOPTED FOR VESTING TENTATIVE TRACT MAP #3011; AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED JANUARY 8, 2020 (301 PRADO ROAD, ARCH-0424-2019)” with conditions as presented in the staff report, except amending condition 14 to require continuity of sign design within the project. Packet Page 165 Item 8 Planning Commission Meeting Minutes Page 4 of 5 January 8, 2020 The following item was reviewed out of order, prior to the meeting recess and item 3. 4. Project Address: 862 Aerovista; Case #: ARCH-0430-2019 & USE-0522-2019; Zone: BP-SP; SLOQ Properties LLC, owner and Quaglino Properties LLC, applicant. Review of a new two-story office development consisting of 37,508 square feet of office space and associated site improvements including parking lots, site access upgrades, landscaping upgrades, and minor improvements to the unnamed drainage tributary that daylights along the north and west property lines. The project also includes a minor use permit request to allow a medical office use with the Business Park zone within the Airport Area Specific Plan. Project is categorically exempt from environmental review (CEQA). Associate Planner Kyle Bell recommended that the Commission continue the public hearing to a date uncertain to allow the applicant team more time to revise the Biological Assessment Survey in order to provide greater clarification regarding the on-site habitats. ACTION: By unanimous consensus, the Commission continued this item to a date uncertain. 5. Case #: CODE-0821-2019. Review of amendments to Title 17 (Zoning Regulations) of the Municipal Code associated with provisions for Accessory Dwelling Units and Junior Accessory Dwelling Units, with a Categorical Exemption from Environmental Review. Assistant Planner Kyle Van Leeuwen presented the staff report and responded to Commission inquiries. Chair Wulkan opened the public hearing. Public Comments Cristina Pires Dustin Pires Matt Leal Greg Wynn Garrett Philbin reading for Krista Jeffries Tammy Cody Chair Wulkan closed the public hearing. Staff responded to questions raised during public comment. ACTION: MOTION BY COMMISSIONER STEVENSON, SECOND BY COMMISSIONER JORGENSEN, CARRIED 7-0-0 to adopt a resolution entitled: A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING CITY COUNCIL INTRODUCE AND ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE ASSOCIATED WITH ACCESSORY DWELLING UNIT AND INTRODUCING JUNIOR ACCESSORY DWELLING UNIT PROVISIONS WITH A STATUTORY EXEMPTION FROM ENVIRONMENTAL REVIEW (CODE-0821-2019)” with environmental review and proposed amendments to Zoning Regulations as presented in the staff report with the following exception: Packet Page 166 Item 8 Planning Commission Meeting Minutes Page 5 of 5 January 8, 2020 Environmental Review to only identify a statutory rule under public resource code 21080.17 as reason for exemption and removing language citing the “general rule” exception from CEQA. Strike additional language proposed to be added to B.5.a.(6) and B.5.a.(7), and only include language previously include in this section regarding matching style and form, and compatable materials. Adding B.9. which states that no additional exceptions, except as provided in B.5.a(10) may be approved. Revising language for Junior Accessory Dwelling Units to allow for garages to be converted to a Junior Accessory Dwelling Unit (C.2.d). Revising language for Junior Accessory Dwelling Units to allow for an internal connection to the main living area to be maintained or removed. COMMENT AND DISCUSSION 6. Agenda Forecast – Principal Planner Tyler Corey provided an update of upcoming projects. ADJOURNMENT The meeting was adjourned at 9:32 p.m. The next Regular meeting of the Planning Commission is scheduled for Wednesday, January 22, 2020 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. APPROVED BY THE PLANNING COMMISSION: XX/XX/2020 Packet Page 167 Item 8 Page intentionally left blank. Packet Page 168 Item 8 Citywide CODE-0107-2017 Review of amendments to Title 17 (Zoning Regulations) of the Municipal Code associated with Accessory Dwelling Unit and Junior Accessory Dwelling Unit provisions with a Statutory Exemption from Environmental Review February 4, 2020 Applicant: City of San Luis Obispo Recommendation 2 1. Introduce an ordinance to amend Title 17 of the Municipal Code, as recommended by Planning Commission with a statutory exemption from environmental review. 2. Adopt an Emergency Ordinance approving amendments to Title 17 of the Municipal Code, with a statutory exemption from environmental review. Background Effective January 1, 2020 Amended CA Government Code Section 65852.2 & 65852.22 Without update to City ordinance, ADU and JADU applications must be approved if compliant with state language within 60 days 3 SB13AB68, 670, 881 Accessory Dwelling Unit (ADU) Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as a single -family or multifamily structure is or will be situated 4 State ADU Changes 5 ADUs now allowed on multi family properties ADU permitting cannot require owner-occupancy ADUs up to 16’ in height must receive ministerial approval ADUs that eliminate parking are not required to replace parking ADUs require only a 4’ setback from side and rear lot lines ADUs that meet requirements must be approved in 60 days Significant changes 6 Previous City Ordinance Under State Language Proposed City Ordinance Size Maximum square feet)800 sf 1200 sf 1000 sf* Multifamily Properties Not allowed Allowed Allowed* Owner- Occupancy Required Not Required Not Required* Side and Rear Setback Req’ 5 Feet or more) 4 Feet Minimum 4 Feet Minimum* Height Normal Zoning Standards Must allow 16 Feet 16 Feet Maximum* Stricter limits cannot be established Junior Accessory Dwelling Unit (JADU) Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. 7 State JADU Language 8 Junior Accessory Dwelling Units now required to be approved through a ministerial process. Requirements and Limitations on JADUs are set by the state, and include: Limit of 500 sf Must be within a single-family residential structure Owner-Occupancy of property State language does not allow for less restrictive standards to be set by the City Can be combined on lot with detached ADU Proposed Height Limitation of 16 feet 9 State law allows a city ordinance to include a maximum height requirement, but not less than 16 feet City ordinance cannot require a setback of more than 4 feet for ministerial approval. Exceptions to the height requirement can be approved through a Director’s Action application. Setbacks that address privacy and solar exposure on upper stories will be approved Proposed Height Limitation of 16 feet 10 Proposed Size Limitation of 1000 11 Units are intended to be “accessory” dwelling units Ordinance can no longer limit size of detached units based on the area of primary residence. Over-incentivizing ADUs may leave regular density unused. Clarification on Impact Fees and Utilities 12 The City does not currently collect impact fees for ADUs. This ordinance update does not change impact fees. Language about impact frees is included in the update to be consistent with state language. Typically, new or upgraded utility connections are only required if the existing laterals do not support the additional flows required by the new unit(s) Clarification on ADU to JADU Conversion 13 JADUs must be created from existing livable square footage of a single-family residence As ADUs are considered a separate unit, they are not included as a part of the single-family residence. More substantial limits apply to JADUs than ADUs. Emergency Ordinance 14 Provides a clear understanding what requirements are to be followed in connection to City regulations already seen confusion interpreting/applying State Language) 44 Days until ordinance is in effect likely creates a rush” to have applications approved before then if not consistent with City ordinance. State requirements do not provide protections for solar exposure or address privacy concerns Clarification on Wastewater Flow Offset 15 State language allows for a City to create areas where ADUs are not allowed based on water and sewer capacity and availability. Muni Code 13.08.396 allows for development within capacity constrained areas through offsetting a project’s additional demand. Offset calculations are based on the sewage generation and peaking factors identified in the uniform design criteria, found in the City’s adopted engineering standards. Recommendation 16 1. Introduce an ordinance to amend Title 17 of the Municipal Code, as recommended by Planning Commission with a statutory exemption from environmental review. 2. Adopt an Emergency Ordinance approving amendments to Title 17 of the Municipal Code, with a statutory exemption from environmental review. ADU to JADU Modification to Language to allow some flexibility 17 d. Location. A junior accessory dwelling unit must be created within the walls of a proposed or existing primary dwelling. Conversion of an existing garage or attached accessory dwelling unit into a junior accessory dwelling unit is not permit by this section. What is Inflow and Infiltration (I/I)? Inflow is stormwater that enters the wastewater collection system at points of direct connection Infiltration is water that flows through the ground into the wastewater collection system through cracked sewer mains and/or private sewer laterals I/I -Recent Studies Average Dry Weather Flow Conditions Peak Wet Weather Flow Conditions Capacity Constraints