Key Provisions in Chart: Zones Floor Area Ratio Setbacks Parking Approval Timeframe Owner Occupancy Lot Size Fees HCD Oversight Amnesty Program

Size: px

Start display at page:

Download "Key Provisions in Chart: Zones Floor Area Ratio Setbacks Parking Approval Timeframe Owner Occupancy Lot Size Fees HCD Oversight Amnesty Program"

Arlene Shelton
5 years ago
Views:

1 Accessory Dwelling Unit (ADU) Comparative Chart Current State Standards City of Santa Barbara Santa Barbara County City of Goleta City of Carpinteria Proposed State Legislation This chart was created to view key provisions of the ADU laws and the differences between the current State standards, the proposed and current local ordinances on the South Coast, and proposed State legislation. This chart may not be up to date and is not intended to replace the reading of any adopted state law or local ordinance. If you have questions regarding ADU s, contact your local jurisdiction or professional planner. Key Provisions in Chart: Zones Floor Area Ratio Setbacks Parking Approval Timeframe Owner Occupancy Lot Size Fees HCD Oversight Amnesty Program California State legislation creating flexibility and latitude for allowing homeowners to build ADU's: SB 1069 (Wieckowski) Effective January 1, 2017 AB 2299 (Bloom) Effective January 1, 2017 AB 2406 (Thurmond) Effective January 1, 2017 SB 229 (Wieckowski) Effective January 1, 201 AB 494 (Bloom) Effective January 1, 2018 Proposed California State legislation: SB 831 (Wieckowski) SB 1469 (Skinner) AB 2890 (Ting) Updated May 3, 2018

2 Zones 4/17/18 The lot is zoned for singlefamily or multifamily use and contains an existing or proposed single-family dwelling. All area s except in Extreme High Fire areas 1/31/18 All areas except ADU s shall not be allowed in Special Problem Areas All area s Secondary dwelling units proposed to be located within the single-family residential zone district (R-1), or the multi-family residential zone district (PRD) where the property is developed with one single-family residence Shall not apply to secondary dwelling units proposed in the planned unit development zone district (PUD). 831 & Local agency will provide for creation of ADU s in areas where a single-family or multifamily dwelling is authorized 831 & 1469 & Local agency may designate areas where ADUs may be excluded for fire and life safety purposes based on clear findings that are supported by a preponderance of the evidence eliminates traffic and public safety as considerations

3 Floor Area Ratio 4/17/18 For interior and attached ADU s the increased floor area of the unit does not exceed 50% of the existing living area, with a maximum increase in floor area of 1,200 square feet For detached ADU s, maximum floor area is 1,200 square feet Maximum Floor Area Attached ADU - shall not exceed 50% of the living area of the Primary Residential Unit, or 1,200 sq ft, whichever is less. Maximum Floor Area Detached ADU - Lot Area Max ADU Living Area 5,000 sq ft 600 sq ft 5,000 9, sq ft sq ft 10,000 1,000 sq ft 14,999 sq ft 15,000 sq ft or larger 1,200 sq ft 1/31/18 Maximum Floor Area Attached ADU - shall not exceed 50% of the living area of the Primary Residential Unit, or 1,200 sq ft, whichever is less. Maximum Floor Area Detached ADU - Lot Area Max ADU Living Area 0-9,999 sq ft 400 sq ft 10, sq ft 19,999 sq ft 20,000 sq ft sq ft 1 acre Over 1 acre 1,000 sq ft to 2 acres Over 2 acres 1,200 sq ft The minimum floor area of an ADU is 200 sq ft The floor area of an ADU may not exceed 10% of the total net lot area of the subject lot Not exceed a maximum floor area of 1,000 sq ft, or 50% of the existing floor area of the principal dwelling, whichever is less The floor area of a secondary unit may be no larger than 30% of the living area of the primary dwelling unit, and shall be a maximum of 700 square feet. The unit shall not exceed the maximum permitted floor area ratio of the underlying zone district Square footage of a proposed ADU shall not be considered when calculating an allowable floor-to-area ratio for the lot upon which the ADU is to be located 1469 & 2890 Prohibits height limits of > 16 feet and requires to allow of at least 800 sq ft Requires local agencies to permit both ADU and JADU to meet the 1,200 sq ft size limit on the same lot

4 Setbacks 4/17/18 No setback can be required from an existing garage that is converted to an ADU. Accessory buildings shall comply with the minimum setback requirements of the zone. 1/31/18 ADU shall comply with the setback regulations that apply to the principal dwelling except that a setback of 5 feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above an existing garage All required setbacks for the base zone district will be applicable to the location of newly constructed ADUs, except for an ADU located entirely within an existing and legally permitted structure that is currently nonconforming as to setbacks The required setbacks of the underlying zone district shall be satisfied. This standard also includes distance required between buildings on the same site. In no case shall the secondary dwelling unit be located closer to the front property line than the primary dwelling unit, or occupy any portion of the yard area between a primary dwelling and the street Eliminates setback requirements for a living area or accessory structure converted to an ADU, and reduces the setback requirement to 3 ft from 5 ft for a new ADU 1469 & 2890 Prohibits setback requirements for an ADU converted from any living area or accessory structure, prohibits a local agency from specifying side or rear setbacks to other structures, and allows only a 5 ft setback to be required for an ADU constructed above or attached to a garage

5 Parking 4/17/18 Reduces parking requirements to one space per bedroom or unit Off street parking to be tandem or in setback areas unless specific findings such as fire and life safety conditions are made Prohibits parking requirements if the ADU: - Is within a half mile from public transit - Is within an architecturally and historically significant historic district - Is part of an existing primary residence or an existing accessory structure - Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU - Is located within one block of a car share area Required Parking for the Primary Residential Unit: Automobile parking for the Primary Residential Unit shall be provided in compliance except as provided below: - Any parking converted or demolished for ADU shall be replaced on the same lot - In order to maintain visibility for adjacent driveways and intersections, uncovered parking spaces shall comply with Section , Visibility at Driveways and Intersections (Visibility Triangle) 1/31/18 A minimum of one off-street parking space shall be provided on the same lot on which the accessory dwelling unit is located except if meets State parking requirements Any loss in existing required off-street parking for a singlefamily dwelling due to conversion of a garage to an ADU must be replaced on the subject lot On-site parking for an ADU is not required. If on-site parking is voluntarily provided for an ADU, it may be located within the setbacks and/or in a tandem configuration, but must be located outside of any public right-of-way, including roadways and sidewalks 1 parking space shall be required for each bedroom of the secondary dwelling unit, which space(s) shall be in addition to any parking spaces required for the primary dwelling unit The parking space for the secondary dwelling unit shall be enclosed within a garage 831 & Eliminates parking replacement requirements for garages, carports, or covered parking structures that are converted into ADUs 1469 prohibits requiring replacement parking 1469 & 2890 prohibits requiring parking for up to 2 ADU s on a single-family lot in these situations

6 Approval Timeframe 4/17/18 Ministerially approve within 120 days an application to create within a single family residential zone one ADU per single family lot if the unit is: contained within an existing residence or accessory structure has independent exterior access from the existing residence has side and rear setbacks that are sufficient for fire safety. 1/31/ day period only applies to the review of the planning permit as the statute does not reference a building permit as it does specifically in other section of the statute No discretionary permit shall be required for the creation of secondary dwelling units within the single-family residential or multi-family residential zone districts that comply with the provisions of this chapter. Secondary dwelling units within these zone districts are permitted through the issuance of an administrative coastal development permit All applications for secondary dwelling units shall be reviewed by the architectural review board (ARB) at a public meeting 831 & 1469 & Reduces the local approval timeframe from 120 days to 60 days. A failure to act within 60 days would result in the approval of the application 1469 prohibits local agencies from using other laws to delay permitting

7 Owner Occupancy 4/17/18 Local government can require an applicant to be an owner occupant. Owner may reside in the primary or accessory structure. ADU can t be rented less than 30 days Local agencies which impose this requirement should require recordation of a deed restriction regarding owner occupancy to comply with GC Section Require owner occupied covenant in perpetuity in single-family zones Bilateral clause to recover legal fees of enforcement to the non-prevailing party No rentals less than 30 days Noticing requirement 1/31/18 No rentals less than 30 days Require owner occupied with proof from Homeowner s Property Tax Exemption No rentals less than 30 days Property owner must reside on the property as their primary place of residence at the time of application submittal and for a minimum of 3 years after approval and construction of the ADU. A Homeowners Property Tax Exemption from the Santa Barbara County Assessor is required as proof of primary residency. The owner of the parcel shall reside on the parcel. The property owner shall enter into a restrictive covenant with the city regarding such owner-occupancy requirement on a form prepared by the city, which shall be recorded against the property prior to issuance of building permits Noticing required An agreement with a local agency to maintain owner occupancy as a condition for issuance of a building permit for an ADU shall be void 1469 allows verification of owner occupancy once a year, based on published public documents (such as driver s license) and defines owneroccupant to be any of the following: - The owner of the lot, regardless of whether ownership of the lot is held in trust on behalf of the owner - A trust if ownership is half on behalf of a person with disability and that person occupies wither the primary dwelling or ADU - An organization or person that owns the lot and leases the primary dwelling or ADU at a below-market rent pursuant to an agreement with a local agency

8 Lot Size 4/17/18 An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning. 1/31/18 The total floor area of all covered structures, including an attached or detached ADU, must not exceed the maximum lot coverage of the underlying zone district The minimum parcel size shall be eight thousand (8,000) square feet and the minimum dimensions shall be that prescribed within the underlying zone district Prohibits a local agency from implementing standards for minimum lot size requirements for ADUs and shall allow for the construction of an ADU on any lot that allows for construction of a home, unless specific findings are made by the local agency that the construction of the unit would adversely impact public safety

9 Fees 4/17/18 ADUs shall not be considered new residential uses for the purpose of calculating utility connection fees or capacity charges, including water and sewer service Prohibits a local agency from requiring an ADU applicant to install a new or separate utility connection or impose a related connection fee or capacity charge for ADUs that are contained within an existing residence or accessory structure For attached and detached ADUs, this fee or charge must be proportionate to the burden of the unit on the water or sewer system and may not exceed the reasonable cost of providing the service Filing Fees - Ranges from approximately $580 to $9,500 (depending on the scope) as of July 1, 2017, subject to change every fiscal year. (must have site plan, elevations, floor plans) The existing City water meter serving the property must be adequately sized to serve all existing and proposed improvement. If it is located in a detached structure that is newly constructed from the ground up, or part of new development on the lot where the primary residence and the ADU (either attached or detached) are both newly constructed from the ground up, the water service to the accessory dwelling unit shall be measured by a privately owned and maintained submeter or a City water meter. If the existing water meter is used to serve both the ADU and the primary residence, then the existing City water/sewer utility account will be reclassified to multifamily residential with two dwelling units. 1/31/18 The applicant shall pay development impact mitigation fees in compliance with ordinances and/or resolutions adopted by the County. The amount of the required fee shall be based on the fee schedules in effect when paid Prior to approval of first grading and/or building permit(s), the owner/applicant must pay all applicable permit fees in full as required by City ordinances and resolutions Prior to the issuance of any permit for development of a secondary dwelling unit on any property zoned single-family or multi-family residential, an application for a secondary dwelling unit permit shall be submitted and processed as provided in this chapter. An application fee for the processing of a secondary dwelling unit under this chapter shall be consistent with the city's adopted fee schedule. 831 & An ADU shall not be subject to impact fees, connection fees, capacity charges, or any other fees levied by a local agency, school district, or water corporation 1469 prohibits all developer fees, including school district fees, connection fees, capacity charges, and any other fees levied by a local agency, school district, special district, or water corporation 2890 ADU & JADU on a single-family lot, when assessed as new construction, be valued exclusively on the basis of the building permit values of the ADU ministerial permit and shall not trigger a reassessment of the value of the underlying land or other structures of the property

10 HCD Oversight 4/17/18 ADU ordinances must be submitted to the State Department of Housing and Community Development within 60 days after adoption, including amendments to existing ordinances. However, upon submittal, the ordinance is not subject to a Department review and findings process similar to housing element law (GC Section 65585) 1/31/ & 1469 & HCD may notify the AG if a local government has taken an action in violation of ADU law 1469 requires local agency to submit ADU ordinance within 60 days of adopting it 1469 & 2890 a local jurisdiction that receives findings from HCD must consider them, and must adopt findings of its own if it believes that its ordinance complies with state law 2890 Requires HCD to create small home building standards to apply to ADU s (most costeffective construction standards by 1/1/20)

11 Amnesty Program NONE 4/17/18 1/31/ This bill creates a 10-year amnesty program for substandard ADUSs. The bill grants an ADU owner with a non-compliant ADU a 10 year delay to make necessary changes to bring that ADU up to code. The delay applies to changes that, in the judgment of the local building official, and in consultation with fire and code enforcement officials, is not necessary to protect the health and safety of the building residents Local agency shall not require existing zoning nonconforming improvements to be corrected as a condition of granting the ministerial permit

PLANNING COMMISSION STAFF REPORT. DISCUSSION ON ACCESSORY DWELLING UNITS (ADUs)

Agenda Item: 2A PLANNING COMMISSION STAFF REPORT DISCUSSION ON ACCESSORY DWELLING UNITS (ADUs) MEETING DATE: December 3, 2018 TO: FROM: CITY PLANNING COMMISSION Planning, City of Solvang DATE PREPARED: