4/27/2017. Accessory Dwelling Units (ADUs) Zoning Ordinance Amendments Planning Commission April 27, 2017

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1 Accessory Dwelling Units (ADUs) Zoning Ordinance Amendments Planning Commission April 27,

2 Presentation Overview Recap of Project Status Need for Update Walk-through of Major Ordinance Provisions Planning Commission Comments/Questions on individual sections or provisions in order of presentation 2

3 Recap: Status & Overall Approach to Project Intro to subject March 23, 2017 PC meeting Retain and modify existing regulatory framework as needed Create special provisions needed for conformance w/ specific requirements of state law Proceed as expeditiously as possible to amend ZO Apply state law in the meantime and until effective date of new County regulations Pipeline allowance for permit applications based on state laws in interim 3

4 Organization of Topics Use Class and Tables Amendments (definition and site approval notes) (A) Intent Review (B) General Provisions (C) Urban Districts (D) Rural Districts (E) Conversions (F) Parking (G) Construction Above Existing Garage (H) Exemption from Discretionary Approvals 4

5 Use Classification Changes Retain use of term secondary dwelling Reference as appropriate state ADU laws and terminology Minor edits to ensure understanding that a secondary dwelling is a complete independent living unit Attached units include those created from conversion of space w/in existing primary DU 5

6 Use Regulation Tables Changes No change to districts in which allowed No change to permitting requirements (by right) Modifies/eliminates Table notes referring to site approval requirements and discretionary review requirements 6

7 (A) Intent Review A. Intent. The intent of this section is to provide a valuable and relatively affordable form of housing for family members, the elderly, students, in-home health care providers, the disabled, and others, within existing neighborhoods and on existing legal lots. It is intended to regulate such housing units to ensure that they are relatively unobtrusive on the site, do not significantly impact adjacent properties, and do not diminish neighborhood character. This section shall be interpreted in a manner consistent with state law, including, but not limited to implements Section of the California Government Code. 7

8 (B) General Provisions Previous section only addressed density exemption Revised section collects and incorporates various general requirements from County regs and state laws Noteworthy: Owner occupancy One per lot 120 day review 8

9 (C) Urban Districts Floor area increases: Lots less than 10k s.f.: 640 to 800 s.f. allowance Lots 20k s.f. or more, 800 to 1,000 s.f. allowance Clarify allowance for attached one car garage for detached DUs Eliminate driveway limitation and Special Permit Parking and owner-occupancy go under General Provisions 9

10 (D) Rural Districts Lot Size Categories Lots 1 <2.5 acres: Floor area 800 to 1,000 s.f. allowance (2 bedrooms) Appropriate height limit 1.5 stories, 21 feet Standard residential setbacks apply Create allowance for attached one-car garage/carport 250 s.f. or less (previously only allowed 2.5 acres or more) Eliminate driveway limitation and Special Permit provisions 10

11 (D) Rural Districts Lot Size Categories (cont. d) Lots 2.5 <20 acres: Floor area 1,000 to 1,200 s.f. allowance (max.) Modify category to Lots 2.5 acres or greater Eliminate 20 ac. and greater lot size category Eliminate proximity and Special Permit provisions Retain owner-occupancy requirement Lots 0.5 to <1.0 acre: allow to potentially have 800 s.f. attached SDU if possible (site constraints, septic needs, wells, etc..) 11

12 (D)(6) Dwelling Attached to Accessory Building Retain 2.5 acre min. lot size for these provisions Allow attachment to another accessory building/use Limit total building mass to 200% of floor area allowed for secondary dwelling Eliminate Special Permit requirement Retain restrictions on use, habitable space and heating/plumbing/electrical in non-dwelling portion 12

13 (E) Conversions New section to address specific provisions of state law Conversion of detached garage/accessory building W/in existing SFR (floor area limits apply) Independent exterior access required Setbacks sufficient for fire safety 13

14 (F) Parking New section consolidates parking-related provisions Number of spaces for secondary DUs retained Retention of on-site spaces per state law Special parking exemptions as per state law with clarifications (e.g.: w/in 0.5 mile of public transit & designated point of access such as bus stop) Special exemption eligibility evaluated and determined on case-by-case basis with verification by staff 14

15 (G) Construction Above Existing Garage Vague provision of state law, unclear intent, minimal setbacks (5 ft. side and rear max.) Staff approach and recommendation: allow within certain limits for consistency with Intent that Secondary Dwellings be relatively unobtrusive on the site, do not significantly impact adjacent properties, and do not diminish neighborhood character. Detached garages: Allow with 1.5 stories, 21 ft. height, limited roof dormer features. Maintain existing structure integrity Attached garages: Allow, no reduction in setbacks, no exceedance of height allowed 15

16 (H) Exemption from Discretionary Approvals General intent to eliminate all discretionary review requirements consistent with state law Substitute quantified standard of LRV 45 or less (light reflectivity standard/brightness) for all Design Review needs Applicable in d, -d1, -d2 and sr where Design Review may be required -h1, Historic Preservation District (New Almaden), apply only 45 LRV or less standard except for Priority List 1 & 2 properties -h1 List 1 and 2 properties remain subject to Design Review, HHC review, public hearing, community input 16

17 Process and Timelines Overview presented to PC March meeting Obtain PC recommendation if possible April 27, mid-may additional hearing Schedule for BofS hearing before July Effective date 30 days after BofS adoption Pipeline provision for projects designed pursuant to state ADU laws Informational updates, neighborhood outreach, use in code enforcement, additional staff training 17

18 Conclusion County s urban and rural settings require specialized regulations, no one size fits all approach possible Proposed regulations build on current regs, past experience, and liberalize provisions as appropriate Most of state laws incorporated without significant difficulty Evaluate implementation and report to PC and BofS in 1-2 years, possible fine-tuning 18

19 Questions? 19