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HomeMy WebLinkAboutItem 5 - CODE-0821-2019 (ADU Ordinance Update)PLANNING COMMISSION AGENDA REPORT SUBJECT: 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. PROJECT ADDRESS: Citywide BY: Kyle Van Leeuwen, Assistant Planner Phone Number: (805) 781-7091 E-mail: kvanleeu@slocity.org FILE NUMBER: CODE-0821-2019 FROM: Tyler Corey, Principal Planner RECOMMENDATION: Adopt the attached Planning Commission resolution, which recommends that the City Council introduce and adopt an Ordinance amending Title 17 (Zoning Regulations) of the Municipal Code regarding accessory dwelling units and junior accessory dwelling units. SUMMARY 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 will become 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 update to the City’s Zoning Regulations Chapter 17.86.020 for compliance with these new state laws. 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 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. 1.0 COMMISSION’S PURVIEW The recommended amendments are being brought before the Planning Commission to provide Commissioners with an opportunity to evaluate the proposed code amendments and make a recommendation to the City Council. Draft Zoning Regulation amendments are included in Attachment 1. Formatting of the amendments include strikethrough on text proposed to be deleted, and new text is underlined, so that the changes are clear to the public and the Commissioners. Meeting Date: January 8, 2020 Item Number: 5 Item 5 Packet Page 299 CODE-0821-2019 Page 2 2.0 BACKGROUND California Government Code Sections 65852.2 and 65852.22 require that local governments use a ministerial (i.e. by-right) process for the approval of ADU and JADU applications, subject to certain objective development standards. The City Council adopted the City’s existing ADU regulations in 2017, and the same ordinance language was carried over in the Zoning Regulations update (adopted in October 2018), with a minor modification to ADU owner-occupancy requirements in March of 20191. The ordinance currently in effect allows ADUs in all zoning districts that allow single-family residential use (R-1, R-2, R-3, R-4, & O zones), subject to specific criteria (e.g. owner-occupant requirement, various development standards such as size and setback, etc.), except where prohibited by the Ordinance. With the passage of the four new bills, the amended State Law invalidates a local agency's existing ADU ordinance if it does not comply will all the requirements of the newly adopted state standards by the date in which these bills became effective (January 1, 2020). The Community Development Department is proposing to amend the City's existing Accessory Dwelling Unit Ordinance (Chapter 17.86.020 of the Zoning Regulations) and other applicable sections in order to align with the amended state law, which will allow the City to continue to regulate the development of ADUs consistent with the new State standards. New State Law also requires the approval of JADUs; therefore, the proposed Zoning Regulations amendments include regulations specific to JADUs. 3.0 DISCUSSION 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 that ADUs that must be ministerially approved are those 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). 1 2019 Zoning Regulations: https://www.slocity.org/home/showdocument?id=5861 Item 5 Packet Page 300 CODE-0821-2019 Page 3 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 by the ADU. 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. Modifications to City Ordinance 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 Attachment 1. 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 and will limit the number of bedrooms that can be included in an ADU to two bedrooms. 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. 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 Item 5 Packet Page 301 CODE-0821-2019 Page 4 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. 4.0 ENVIRONMENTAL REVIEW The proposed code amendments have been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the proposed amendments have been determined to be exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3) (Review for Exemption) because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significantly effect on the environment. The ordinance is also exempt under Public Resources Code Section 21080.17 that applies to local ordinances implementing State regulations related to accessory dwelling units 5.0 ALTERNATIVES 1.The Commission may modify certain proposed amendments to Zoning Regulation Chapter 17.86.020 so long as they are consistent with Government Code Section 65852.2 and 65852.22 2.The Commission may continue action, if additional information is needed. Specific direction should be given to staff. ATTACHMENTS: 1.Zoning Regulation Text Amendments (Legislative Draft) 2.Draft Planning Commission Resolution Item 5 Packet Page 302 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 17.10 (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 singly unit 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-unit residential dwelling is referred to as “primary unit” in this section. 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. dc.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). 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 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 by state law. f.Unit Types Allowed. An accessory dwelling unit may be either attached or detached from the primary single-unit residential dwelling on the lot. (2) 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. (3)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. Item 5 Packet Page 303 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. a.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. d.Unit Types Allowed. An accessory dwelling unit on a lot with a multifamily structure may be converted from existing square 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, including, 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. e.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. Item 5 Packet Page 304 f.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. g.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 detached accessory dwelling unit. (3)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 a portion of an accessory dwelling unit. (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, including roof pitch, shall match the style and form of the primary residential structure(s) on the property. (7)The colors and materials of the accessory dwelling unit shall match the colors and 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). 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. Item 5 Packet Page 305 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 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: (1)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. (2)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 120 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 dwelling unit is proposed with a new single-family or multifamily structure, this 60-day requirement shall not apply. 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. 78.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. Item 5 Packet Page 306 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 garage into a junior accessory dwelling unit is not 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 must be maintained, but a door may be added for sound attenuation. (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. (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 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 60 days of receiving a complete application, the City shall approve any such application which complies with all applicable requirements and development standards. Item 5 Packet Page 307 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 “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. 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). 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 Item 5 Packet Page 308 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 m ay 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. Item 5 Packet Page 309 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. 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. Item 5 Packet Page 310 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. Item 5 Packet Page 311 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. 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. Item 5 Packet Page 312 RESOLUTION NO. PC-XXXX-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 finding: 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 proposed code amendments have been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the proposed amendments have been Item 5 Packet Page 313 Planning Commission Resolution # XXXX-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page 2 determined to be exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3) (Review for Exemption) because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significantly effect on the environment. The ordinance is also exempt under Public Resources Code Section 21080.17 that applies to local ordinances implementing State regulations related to accessory dwelling units 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 _________________, seconded by Commissioner ___________________, and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was adopted this 8th day of January 2020. _____________________________ Tyler Corey, Secretary Planning Commission Item 5 Packet Page 314 Planning Commission Resolution # XXXX-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 17.10 (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 singly unit 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-unit residential dwelling is referred to as “primary unit” in this section. 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. dc. 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). 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 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 by state law. f. Unit Types Allowed. An accessory dwelling unit may be either attached or detached from the primary single-unit residential dwelling on the lot. (1) 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. (2) 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. Item 5 Packet Page 315 Planning Commission Resolution # XXXX-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page 4 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. a. 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 existing square 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, including, 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. Item 5 Packet Page 316 Planning Commission Resolution # XXXX-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. 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 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 detached accessory dwelling unit. (3) 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 a portion of an accessory dwelling unit. (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, including roof pitch, shall match the style and form of the primary residential structure(s) on the property. (7) The colors and materials of the accessory dwelling unit shall match the colors and 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). Item 5 Packet Page 317 Planning Commission Resolution # XXXX-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page 6 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 units 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: (1) 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. (2) 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 120 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 dwelling unit is proposed with a new single-family or multifamily structure, this 60-day requirement shall not apply. 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. 78. 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). Item 5 Packet Page 318 Planning Commission Resolution # XXXX-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page 7 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 garage into a junior accessory dwelling unit is not 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 must be maintained, but a door may be added for sound attenuation. (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. (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. Item 5 Packet Page 319 Planning Commission Resolution # XXXX-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page 8 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 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 “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. 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). 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. Item 5 Packet Page 320 Planning Commission Resolution # XXXX-20 CODE-0821-2019 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Zoning Regulations Amendments Page 9 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 m ay 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. Item 5 Packet Page 321 Planning Commission Resolution # XXXX-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. 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 Item 5 Packet Page 322 Planning Commission Resolution # XXXX-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. Item 5 Packet Page 323 Planning Commission Resolution # XXXX-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 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. 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. Item 5 Packet Page 324