2017-10-17 (City Council Staff Report),o't" %p,4a-'*A, -as? 4s ? (0 ? Hj.o ? o7ORCuh'&9 'CityCouncilReportItem:Category:Date:Public HearingOctober 17, 2017TITLEPublic Hearing to consider an appeal of the Planning Commission'sdecision to uphold the Community Development Director'sinterpretation of the Accessory Dwelling Unit Ordinance (CMC Ch.21.23) with regard to when an accessory structure constitutes an"existing garage" and to what extent an "existing garage" may bereconstructed for purposes of conversion to an accessory dwellingunit, and as specifically applied to a proposed conversion of anexisting accessory structure to an accessory dwelling unit, onproperty located at 1363 Capri Drive in the R-1-8 (Single-FamilyResidential) Zoning District. (Resolution / Roll Call Vote)RECOMMENDATIONThe Planning Commission recommends that the City Council take the following action:Adopt a Resolution, approving the appeal and overturning the PlanningCommission's decision to uphold the Community Development Director'sinterpretation of the Accessory Dwelling Unit Ordinance (CMC Ch. 21.23), andrefer the matter back to the Community Development Director to reconsiderissuance of the building permit.ENVIRONMFNTAL DETERMINATION1.This matter is Statutorily Exempt under Section 15268 of the California EnvironmentQuality Act (CEQA) Guidelines in that construction of an accessory dwelling unit is aministerial act not subject to CEQA.BACKGROUNDCurrent Ordinance: On September 27, 2016, Governor Brown signed Senate Bill (SB)1069 (Wieckowski) and Assembly Bill (AB) 2299 (Bloom), which together amended theprovisions of California Government Code Section 65852.2 pertaining to theconstruction of accessory dwelling units (reference Attachment 2). In response to aJanuary 1 , 20l71egislative deadline for local agencies to come into compliance, the Cityexpedited preparation of a zoning code text amendment. On December 12, 2016 theCity Council adopted Ordinance No. 2216, adding Chapter 21.23 (Accessory DwellingUnits) to the Campbell Municipal Code (CMC).Appellant's Request: On May s, 2017, Alex Keyser, owner of 1363 Capri Drive,submitted an application for a building permit for construction of an accessory dwellingunit (ADU) from an existing accessory structure (reference Attachment 3 -Construction Plans) that had been previously permitted as a garage. Staff's review ofthis permit application concluded that the project did not qualify for a setback exceptionas a garage conversion in that the structure was not a "garage," as that term is definedby the Zoning Code for the purpose of actually parking vehicles to satisfy the off-street12.
City Council Report - October 17, 2017PLN2017-210 - Appeal of Planning Commission DecisionPage 2 of 4parking requirement. Mr. Keyser's proposal also brought to light the question of to whatextent an existing structure can be demolished and reconstructed and still beconsidered a "conversion."As a result, the application was denied and Mr. Keyser was informed that he wouldhave to construct an ADU that satisfied all standard setback requirements (referenceAttachment 4 - Plan Check Memo). Following the City's denial of a building permit, Mr.Keyser filed an appeal challenging the Community Development Director interpretationof the Accessory Dwelling Unit (ADu) Ordinance (CMC Ch. 21 .23) as it applied to hisstructure (reference Attachment 5).Planning Commission Action: The Planning Commission considered Mr. Keyser'sappeal at its August 22, 2017 meeting (reference Attachment 6 - PlanningCommission Staff Report). The Commission took comment from the appellant anddiscussed the matter, voting by a 4-2-1 vote (Commissioners Rivlin and Reynolds votingno and Commissioner Hernandez absent) to deny the appeal and uphold theCommunity Development Director's interpretation that the structure was not a garageand, that notwithstanding, conversion to an ADU must not result in a new orsubstantially different structure.D?SCUSSIONOn September 1 , 2017, Mr. Keyser filed an appeal with the City Clerk, challenging thePlanning Commission's denial on several grounds, as stated in the submitted appealIetter (reference Attachment 7). Staff also received correspondence from Mr. GeoffBradley who conveyed an opinion as to the applicability of a provision in the State Iawwith respect to the conversion of accessory structures. Although not acknowledging thesource of this information, staff's research located a memorandum from the CaliforniaDepartment of Housing and Community Development (HCD), entitled AccessoryDwelling Unit Memorandum that articulated HCD's interpretation of the State Iegislation(reference Attachment 8). It appears that HCD has taken a more permissive approachin its reading of the legislation, and since it was released at the end of 2016, cities suchas Campbell that took efforts to satisfy the State's January 1 st deadline did not have thebenefit of the memorandum. Although such guidance is not binding, the memorandumdoes provide valuable insight that might inform how local agencies may interpret thelegislation. Based on this new information, staff feels compelled to recommend that theCity Council overturn the Planning Commission's decision.Specifically, the Planning Commission's decision was predicated on application of CMCSec. 21 .34.040.B, which provides for a setback exception for existing garages that areconverted to ADUs.Existing garages. An existing garage that is fully (not partially) converted to an accessory dwellingunit is subject to all provisions of this Chapter except that no additional setback from propertylines or to other existing structures shall be required, provided that the existing garage is notexpanded. Any expansion of the structure shall comply with applicable setback requirements andshall not be permitted to exercise the setback exception for non-conforming structures providedfor in Section 21.58.050.F (Exceptions).
City Council Report - October 17, 2017PLN2017-210 - Appeal of Planning Commission DecisionPage 3 of 4This section was intended to implement Cal.Gov. Code § 65852.2(a)(1)(D)(vii):(vii) No setback shall be required for an existing garage that is converted to a accessory dwellingunit, and a setback of no more than five feet from the side and rear Iot Iines shall be required foran accessory dwelling unit that is constructed above a garage.However, the entire discussion of whether or not the structure is a garage would bemade moot by the HCD's interpretation of Cal. Gov. Code § 65852.2(e), below, whichprovides a broad allowance for creation of an ADU within an existing single-familyresidence or accessory structure:Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve anapplication for a building permit to create within a single-family residential zone one accessorydwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existingresidence, and the side and rear setbacks are sufficient for fire safety.At the time the City was preparing its ADU ordinance, this section was understood bystaff and the City Attorney to provide only procedural direction (i.e., that an ADU mustbe approved by a ministerial application). Under the HCD's interpretation, though, thisprovision allows individuals to create an ADU within an existing building area withoutcompliance to otherwise applicable standards, as long as the location of the structureprovides sufficient setbacks for fire safety.At this time, staff has confirmed that the setbacks are sufficient for fire safety (i.e., thepermit plans were approved by the Fire District). As such, in keeping with HCD'sguidance, staff is recommending that the Council approve the appeal and refer thematter back to the Community Development Director to issue a permit to the appellantto convert the existing accessory structure to an ADU, provided that the conversiondoes not result in the demolition of the structure and Mr. Keyser takes appropriateaction to cause an existing public utility easement on which the existing structureencroaches to be vacated prior to issuance of a building permit.PUBLIC COMMENTTwo letters in support of the appellant were received (reference Attachment 9).NEXT STEPSTo address the new information, staff recommends that the preparation of a zoningcode text amendment to clarify the City's ordinance.Attachments:1. Draft Resolution2. CA Gov. Code Section 65852.23. Construction Plans4. Plan Check Memos. Appeal Letter (of CDD Decision)6. Planning Commission Staff Report, dated August 22, 20177. Appeal Letter (of PC Decision)8. Accessory Dwelling Unit Memorandum9. Public Comment
City Council Report - October 17, 2017PLN2017-210 - Appeal of Planning Commission Decision-='-761 Famp, Senior Planner7vPaul Kermoyan, Community Development DirectorPrepared by:Reviewed by:Page 4 of 4Reviewed by:/2.Wil5am "e$rThrin,- City Attorney,/Approved by:,.z- ?Brian Loventhal, City Manager
Attachrnent # 1RESOLUTION NO.BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF CAMPBELL APPROVING AN APPEAL (PLN2017-210) ANDOVERTURNING THE PLANNING COMMISSION'S DECISIONTO UPHOLD THE COMMUNITY DEVELOPMENT DIRECTOR'SINTERPRETAT?ON OF THE ACCESSORY DWELLING UNITORDINANCE (CMC CH. 21.23) AND REFERRING THEMATTER BACK TO THE COMMUNITY DEVELOPMENTDIRECTOR TO RECONSIDER ISSUANCE OF THE BU?LDINGPERMIT, FOR PROPERTY LOCATED AT 1363 CAPRI DRIVE.After notification and public hearing, as specified by law and affer presentation by theCommunity Development Director, proponents and opponents, the hearing was closed.Affer due consideration of all evidence presented, the City Council did find as follows withrespect to file number PLN2017-210:1. OnDecemberl2,2016,theCityCounciladoptedOrdinanceNo.2216,approvingaZoning Code Amendment (PLN2016-335) to replace Campbell Municipal Code(CMC) Section 21.36.200 (Secondary dwelling units) with new Chapter 21.23(Accessory Dwelling Units) and to amend various other sections of the CampbellMunicipal Code to achieve consistency with California Senate Bill 1069 (Wieckowski)and Assembly Bill 2299 (Bloom) pertaining to the construction of accessory dwellingunits.2. In adopting Ordinance No. 2216, the City Council found that the new CMC Chapter21.23 (Accessory Dwelling Units) was consistent with the mandatory provisions ofSenate Bill 1069 (Wieckowski) and Assembly Bill 2299 (Bloom), while maintaininglocally appropriate standards for the construction and occupancy of accessorydwelling units.3. As required by the Senate Bill 1069 (Wieckowski) and Assembly Bill 2299 (Bloom),CMC Chapter 21.23 (Accessory Dwelling Units) allows an existing garage to beconverted to an accessory dwelling unit subject to all applicable provisions, exceptthat no additional setback from property lines or to other existing structures shall berequired.4. On May 15, 2017, Alex Keyser, owner of real property commonly known as 1363Capri Drive, submitted an application for a building permit (BLD2017-539) to createan accessory dwelling unit from an existing accessory structure.s. On June 1 , 2017, as based on the Community Development Director's interpretationof when a structure constitutes a "garage," as that term is defined by the ZoningCode for the purpose of parking vehicles to satisfy the off-street parking requirement,the City denied Mr. Keyser's building permit application.
City Council ResolutionPLN2017-210 -1363 Capri Drive - AppealPage 26.On June 21, 2017, Mr. Keyser filed an appeal of the Community DevelopmentDirector's interpretation and resulting permit denial.7.The appeal was considered by the Planning Commission on August 22, 2017, whoby a 4-2-1 vote, denied the appeal and upheld the Community DevelopmentDirector's interpretation.8.The Planning Commission's decision was predicated on application of CMC Sec.21.34.040.B, which provides for a setback exception for existing garages that areconverted to ADUs.Existing garages. An existing garage that is fully (not partially) converted to an accessory dwellingunit is subject to all provisions of this Chapter except that no additional setback from property Iinesor to other existing structures shall be required, provided that the existing garage is not expanded.Any expansion of the structure shall comply with applicable setback requirements and shall not bepermitted to exercise the setback exception for non-conforming structures provided for in Section21 .58.050.F (Exceptions).9.This section was intended to implement Cal.Gov. Code § 65852.2(a)(1 )(D)(vii):(vii) No setback shall be required for an existing garage that is converted to a accessory dwellingunit, and a setback of no more than live feet from the side and rear Iot Iines shall be required for anaccessory dwelling unit that is constructed above a garage.On September 1, 2017, Mr. Keyser filed an appeal of the Planning Commission'sdecision with the City Clerk.10.Subsequent to the filing of the second appeal the City reviewed the CaliforniaDepartment of Housing and Community Development's (HCD) Accessory DwellingUnit Memorandum that articulates the department's interpretation of theaforementioned State legislation.11.The Planning Commission's discussion of whether or not the structure is a garagewould be made moot by the HCD's interpretation of Cal. Gov. Code § 65852.2(e),below, which provides a broad allowance for creation of an ADU within an existingsingle-family residence or accessory structure:12.Based on the new information, and in keeping with the HCD guidance, theCommunity Development Director's previous interpretation is moot and would restrictthe appellant's lawful ability to create an ADU.Notwithstanding subdivisions (a) to (d), inclusive, a Iocal agency shall ministerially approve anapplication for a building permit to create within a single-family residential zone one accessorydwelling unit per single-family Iot if the unit is contained within the existing space of a single-familyresidence or accessory structure, has independent exterior access from the existing residence,and the side and rear setbacks are sufficient for fire safety.13.As such, the Community Development Director's interpretation would be inconsistentwith Housing Element of the General Plan:Program H-5.3a: Secondary Dwelling Units: Provide for the infill of modestly priced rental housingby encouraging secondary units in residential neighborhoods.
City Council ResolutionPLN2017-210 -1363 Capri Drive - AppealPage 3ProgramH-5.3a: Secondary Dwellinq Units: A secondary dwelling unit is aseparate dwelling unit that provides complete, independent Iivingfacilities for one or more persons. It includes permanentprovisions for Iiving, sleeping, cooking, eating, and sanitation onthe same parcel as the primary unit is situated. Given the Iimiteddevelopable Iand remaining in Campbell, integrating secondarydwelling units in existing residential neighborhoods presents anopportunity for the City to accommodate needed rental housing.The development of secondary dwelling units is effective indispersing affordable housing throughout the City and canprovide housing to Iower-income persons, including seniors andcollege students. Approximately 1000 single-family parcels inCampbell are of sufficient size to add a secondary dwelling unit.Implementation Obiective: The City will facilitate the constructionof new secondary dwelling units by making information availableto the public.Based upon the foregoing findings of fact, the City Council further finds and concludesthat:1. The basis for the Community Development Director's interpretation is no longerapplicable.2. The Community Development Director's interpretation is not consistent with theGeneral Plan.3. This action is exempt under Section 15268 of the California Environment Quality Act(CEQA) Guidelines in that construction of an accessory dwelling unit is a ministerialact not subject to CEQA.THEREFORE, BE IT RESOLVED that the City Council approves the appeal and overturnsthe Planning Commission's decision to uphold the Community Development Director'sinterpretation of the Accessory Dwelling Unit Ordinance (CMC Ch. 21.23), and referringthe matter back to the Community Development Director to reconsider issuance of thebuilding permit, for property located at 1363 Capri Drive.PASSED AND ADOPTED this 1 7th day of October, 2017, by the following roll call vote:AYES:COUNCILMEMBERS:NOES: COUNCILMEMBERS:ABSENT: COUNCILMEMBERS:ABSTAIN: COUNCILMEMBERS:APPROVED:Elizabeth "Liz" Gibbons, MayorATTEST:Wendy Wood, City Clerk
l1STATE OF CALIFORNIA'QHY' AUTHENTICATEDBuuau ELECTRONIC LECAL MATERIAlAttachment # 2State of CaliforniaGOVERNMENT CODESection 65852.265852.2. (a) (1) A local agency may, by ordinance, provide for the creation ofaccessory dwelling units in single-family and multifamily residential zones. Theordinance shall do all of the following:(A) Designate areas within the jurisdiction of the local agency where accessorydwelling units may be permitted. The designation of areas may be based on criteria,that may include, but are not limited to, the adequacy of water and sewer services andthe impact of accessory dwelling units on traffic flow and public safety.(B) (i) Impose standards on accessory dwelling units that include, but are notlimited to, parking, height, setback, lot coverage, landscape, architectural review,maximum size of a unit, and standards that prevent adverse impacts on any realproperty that is listed in the California Register of Historic Places.(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parkingrequirements for any accessory dwelling unit located within its jurisdiction.(C) Provide that accessory dwelling units do not exceed the allowable density forthe lot upon which the accessory dwelling unit is located, and that accessory dwellingunits are a residential use that is consistent with the existing general plan and zoningdesignation for the lot.(D) Require the accessory dwelling units to comply with all of the following:(i) The unit is not intended for sale separate from the primary residence and maybe rented.(ii) The lot is zoned for single-family or multifamily use and contains an existing,single-family dwelling.(iii) The accessory dwelling unit is either attached to the existing dwelling orlocated within the living area of the existing dwelling or detached from the existingdwelling and located on the same lot as the existing dwelling.(iv) The increased floor area of an attached accessory dwelling unit shall not exceeds 0 percent of the existing living area, with a maximum increase in floor area of 1,200square feet.(v) The total area of floorspace for a detached accessory dwelling unit shall notexceed 1,200 square feet.(vi) No passageway shall be required in conjunction with the constmction of anaccessory dwelling unit.(vii) No setback shall be required for an existing garage that is converted to aaccessory dwelling unit, and a setback of no more than five feet from the side andrear lot lines shall be required for an accessory dwelling unit that is constmcted abovea garage.
(viii) Local building code requirements that apply to detached dwellings, asappropriate.(ix) Approval by the local health officer where a private sewage disposal systemis being used, if required.(x) (I) Parking requirements for accessory dwelling units shall not exceed oneparking space per unit or per bedroom. These spaces may be provided as tandemparking on an existing driveway.(II) Offstreet parking shall be permitted in setback areas in locations determinedby the local agency or through tandem parking, unless specific findings are made thatparking in setback areas or tandem parking is not feasible based upon specific site orregional topographical or fire and life safety conditions, or that it is not permittedanywhere else in the jurisdiction.(III) This clause shall not apply to a unit that is described in subdivision (d).(xi) When a garage, carport, or covered parking stmcture is demolished inconjunction with the construction of an accessory dwelling unit, and the local agencyrequires that those offstreet parking spaces be replaced, the replacement spaces maybe located in any configuration on the same lot as the accessory dwelling unit,including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces,or by the use of mechanical automobile parking lifts. This clause shall not apply to aunit that is described in subdivision (d).(2) The ordinance shall not be considered in the application of any local ordinance,policy, or program to limit residential growth.(3) When a local agency receives its first application on or after July 1, 2003, fora permit pursuant to this subdivision, the application shall be considered ministeriallywithout discretionary review or a hearing, notwithstanding Section 65901 or 65906or any local ordinance regulating the issuance of variances or special use permits,within 120 days after receiving the application. A local agency may charge a fee toreimburse it for costs that it incurs as a result of amendments to this paragraph enactedduring the 2001-02 Regular Session of the Legislature, including the costs of adoptingor amending any ordinance that provides for the creation of an accessory dwellingunit.(4) An existing ordinance governing the creation of an accessory dwelling unit bya local agency or an accessory dwelling ordinance adopted by a local agencysubsequent to the effective date of the act adding this paragraph shall provide anapproval process that includes only ministerial provisions for the approval of accessorydwelling units and shall not include any discretionary processes, provisions, orrequirements for those units, except as otherwise provided in this subdivision. In theevent that a local agency has an existing accessory dwelling unit ordinance that failsto meet the requirements of this subdivision, that ordinance shall be null and voidupon the effective date of the act adding this paragraph and that agency shall thereafterapply the standards established in this subdivision for the approval of accessorydwelling units, unless and until the agency adopts an ordinance that complies withthis section.
(5) No other local ordinance, policy, or regulation shall be the basis for the denialof a building permit or a use permit under this subdivision.(6) This subdivision establishes the maximum standards that local agencies shalluse to evaluate a proposed accessory dwelling unit on a lot zoned for residential usethat contains an existing single-family dwelling. No additional standards, other thanthose provided in this subdivision, shall be utilized or imposed, except that a localagency may require an applicant for a permit issued pursuant to this subdivision tobe an owner-occupant or that the property be used for rentals of terms longer than 30days.(7) A local agency may amend its zoning ordinance or general plan to incorporatethe policies, procedures, or other provisions applicable to the creation of an accessorydwelling unit if these provisions are consistent with the limitations of this subdivision.(8) An accessory dwelling unit that conforms to this subdivision shall be deemedto be an accessory use or an accessory building and shall not be considered to exceedthe allowable density for the lot upon which it is located, and shall be deemed to bea residential use that is consistent with the existing general plan and zoningdesignations for the lot. The accessory dwelling unit shall not be considered in theapplication of any local ordinance, policy, or program to limit residential growth.(b) When a local agency that has not adopted an ordinance governing accessorydwelling units in accordance with subdivision (a) receives its first application on orafter July 1, 1983, for a permit to create an accessory dwelling unit pursuant to thissubdivision, the local agency shall accept the application and approve or disapprovethe application ministerially without discretionary review pursuant to subdivision (a)within 120 days after receiving the application.(c) A local agency may establish minimum and maximum unit size requirementsfor both attached and detached accessory dwelling units. No minimum or maximumsize for an accessory dwelling unit, or size based upon a percentage of the existingdwelling, shall be established by ordinance for either attached or detached dwellingsthat does not permit at least an efficiency unit to be constmcted in compliance withlocal development standards. Acccssory dwelling units shall not be required to providefire sprinklers if they are not required for the primary residence.(d) Notwithstanding any other law, a local agency, whether or not it has adoptedan ordinance governing accessory dwelling units in accordance with subdivision (a),shall not impose parking standards for an accessory dwelling unit in any of thefollowing instances:(1) The accessory dwelling unit is located within one-half mile of public transit.(2) The accessory dwelling unit is located within an architecturally and historicallysignificant historic district.(3) The accessory dwelling unit is part of the existing primary residence or anexisting accessory structure.(4) When on-street parking permits are required but not offered to the occupantof the accessory dwelling unit.(5) When there is a car share vehicle located within one block of the accessorydwelling unit.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shallministerially approve an application for a building permit to create within asingle-family residential zone one accessory dwelling unit per single-family lot if theunit is contained within the existing space of a single-family residence or accessorystmcture, has independent exterior access from the existing residence, and the sideand rear setbacks are sufficient for fire safety. Accessory dwelling units shall not berequired to provide fire sprinklers if they are not required for the primary residence.(f) (l) Fees charged for the construction of accessory dwelling units shall bedetertnined in accordance with Chapter s (commencing with Section 66000) andChapter 7 (commencing with Section 66012).(2) Accessory dwelling units shall not be considered new residential uses for thepurposes of calculating local agency connection fees or capacity charges for utilities,including water and sewer service.(A) For an accessory dwelling unit described in subdivision (e), a local agencyshall not require the applicant to install a new or separate utility connection directlybetween the accessory dwelling unit and the utility or impose a related connectionfee or capacity charge.(B) For an accessory dwelling unit that is not described in subdivision (e), a localagency may require a new or separate utility connection directly between the accessorydwelling unit and the utility. Consistent with Section 66013, the comiection may besubj ect to a connection fee or capacity charge that shall be proportionate to the burdenof the proposed accessory dwelling unit, based upon either its size or the number ofits plumbing fixtures, upon the water or sewer system. This fee or charge shall notexceed the reasonable cost of providing this service.(g) This section does not limit the authority of local agencies to adopt less restrictiverequirements for the creation of an accessory dwelling unit.(h) Local agencies shall submit a copy of the ordinance adopted pursuant tosubdivision (a) to the Department of Housing and Cormnunity Development within60 days after adoption.(i) As used in this section, the following terms mean:(1) "Living area" means the interior habitable area of a dwelling unit includingbasements and attics but does not include a garage or any accessory structure.(2) "Local agency" means a city, county, or city and county, whether general lawor chartered.(3) For purposes of this section, "neighborhood" has the same meaning as set forthin Section 65589.5.(4) "Accessory dwelling unit" means an attached or a detached residential dwellingunit which provides complete independent living facilities for one or more persons.It shall include permanent provisions for living, sleeping, eating, cooking, andsanitation on the same parcel as the single-family dwelling is situated. An accessorydwelling unit also includes the following:(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.(B) A manufactured home, as defined in Section 18007 of the Health and SafetyCode.
(5) "Passageway" means a pathway that is unobstructed clear to the sky and extendsfrom a street to one entrance of the accessory dwelling unit.(j) Nothing in this section shall be construed to supersede or in any way alter orlessen the effect or application of the California Coastal Act (Division 20 (cornmencingwith Section 30000) of the Public Resources Code), except that the local governmentshall not be required to hold public hearings for coastal development permitapplications for accessory dwelling units.(Amended by Stats. 2016, Ch. 735, Sec. 1.5. (AB 2299) Effective January 1, 2017.)
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httachrnent # 4MEMORANDUM"iCommunity Development DepartmentPlanning DivisionTo:Building DivisionDate: June 1, 2017From:Naz Pouya, Planning TechnicianSubject: Planning Division Plan CheckFile No.:BLD2017-00539-1363 Capri DrThe Planning Division has reviewed the above referenced building permit submittal for theconversion of an existing detached accessory stmcture to an accessory dwelling unit within an R-1-8 zoning district. The following issues need to be addressed prior to Plamiing Divisionclearance for issuance of a Building Perrnit:1. Existing Garage: Campbell Municipal Code Section 21.23.040(B) provides an exception torequired setbacks for existing garages (constructed prior to January 1, 2017) that are fullyconverted to an accessory dwelling unit (ADU). However, this exception does not apply toaccessory structures, only garages. CMC Section 21.72.020 defines a garage as an accessorybuilding or portion of the main building designed for the shelter or storage of automobiles.Because the existing accessory stmcture provides a workshop area, it is not considered agarage under the code definition. As a garage/workshop, it is not eligible for the exception tosetbacks and cannot be converted to an ADU in its current location. A detached ADU maystill be possible at this property, but is subject to the following location standards:Setback from rear property line: 20 feetSetback from interior side property line: 8 feet or 60% of the wall height (whicheveris greater)Setback from the street side property line: 12 feetSeparation between the main home and ADU: distance equal to the wall height of thetaller of the two structures@***Additional requirements can be found within the San Tomas Area Neighborhood Plan at:http://www.cityofcampbell.corn/DocurnentCenter/View/167 and within the attached ADUOrdinance. The ADU Ordinance also includes provisions for interior or attached ADUswhich also may be possible at this property. My contact information is below if you wouldlike clarification or to discuss alternatives for an ADU.PROJECT PLANNER CONTACT:Naz Pouya, Planning Technician(408) 866-2144nazp@cityofcampbell.comPaul Kermoyan, Cornmunity Development DirectorCC:70 North First Stxeet a Campbell, CA 95008-1423 a TEL (408) 866-2140 a FAX (408) 866-5140 a E-MAIL planning@cityofcampbell.com
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Attachrnent # 6ITEM No. 4tm?p,=oa aa- ?s,S ? A-,p.,%o4CHA%o'PLN2017-210Keyser, A.CITY OF CAMPBELL - PLANNING COMMISSIONStaff Report - August 22, 2017Public Hearing to consider the appeal (PLN2017-210) of Alex Keyser of theCornrnunity Development Director's interpretation of the AccessoryDwelling Unit (ADU) Ordinance (CMC Ch. 21.23) as applied to a proposedconversion of an existing accessory stmcture to an accessory dwelling unit,on property located at 1363 Capri Drive.STAFF RECOMMENDATIONThe Planning Commission take the following action:Adopt a Resolution, denying the appeal and upholding the Community DevelopmentDirector's interpretation of the Accessory Dwelling Unit (ADU) Ordinance.ENVIRONMENTAL DETERMINATION1.Staff recommends that the Planning Commission find that this project is Statutorily Exemptunder Section 15270(a) of the California Environment Quality Act (CEQA), pertaining toprojects which a public agency rejects or disapproves.BACKGROUNDADU Ordinance: The City Council adopted Ordinance No. 2216 on December 12, 2016, addingChapter 21.23 (Accessory Dwelling Units) to the Campbell Municipal Code (CMC), incompliance with Senate Bill (SB) 1069 and Assembly Bill (AB) 2299. Together, these billsrequired the City to adopt new provisions that ease parking requirements, increase unit sizes,remove fire sprinkler requirements in some cases, and simplify garage conversions.With regard to garage conversions, the State legislation prohibits the City from applying asetback when an "existing garage" is "converted" to an accessory dwelling unit (ADU). Thisprovision was meant to address the challenge homeowners face when attempting to convert agarage that has a setback less than that required for a dwelling unit (e.g., the garage has a s-footsetback when a dwelling has a 20-foot setback). In the past, this occurrence would generallyhave prevented a conversion of the garage to an ADU. However, under the new provisions aconversion of an existing garage to an ADU can now be achieved without having to comply withthe setback requirements that would otherwise apply to a dwelling unit.However, as implemented by City's ADU ordinance, exercise of the garage conversionprovisions is limited in several ways, as listed below. The intent of these restrictions is tominimize dismption to established neighborhoods and to preclude individuals from creating agarage for the sole purpose of converting it to an ADU under the more lenient provisions.The "existing garage" must be legally constmcted and in existence and/or granted acertificate of occupancy prior to January 1, 2017.The garage cannot have been expanded prior to the proposed conversion.The entirety of the garage must be converted, not only a portion of the garage.***
Staff Report - Planning Cornmission Meeting of August 22, 2017PLN20 17-210-13 63 Capri Dr.Any expansion of the new ADU created by the garage conversion has to comply withapplicable setback requirement and cannot exercise the setback exception for non-conforrning buildings that allows extensions along existing building lines.Any required parking spaces lost during a garage conversion must be replacedconcurrently with the project.City Action: The appellant, Mr. Alex Keyser, is the owner of 1363 Capri Drive, a single-familyresidential property located within the San Tomas Area (reference Attachment 2 - LocationMap). Mr. Keyser secured approval of an Administrative Site and Architectural Review Permit(PLN2016-411) in February for a 1,000 square-foot addition to his residence. In May, hesubmitted a separate application to convert an existing structure to a new accessory dwelling unit(ADU) (reference Attachment 3 - Construction Plans) under the aforementioned garageconversion provisions. However, staffs review of this permit application concluded that theproject did not qualify as a garage conversion in that the structure was not a "garage," as thatterm is defined by the Zoning Code (as discussed below). As a result, the application was deniedand Mr. Keyser was informed that he would have to constmct an ADU that satisfied all standardsetback requirements (reference Attachment 4 - Plan Check Memo).Page 2 of s@*Further conversations with Mr. Keyser also revealed a second issue with the proposedconversion: to what extent can an existing stmcture be demolished and reconstmcted while stillsatisfying the "conversion" criteria. The structure in question is over 60 years old and wouldrequire a significant amount of work to make it a dwelling unit.?: Following the City's denial of a permit, Mr. Keyser filed an appeal challenging theCornmunity Development Director interpretation of the Accessory Dwelling Unit (ADU)Ordinance (CMC Ch. 21.23) as it applied to his structure (reference Attachment 5).DISCUSSIONSince the two issues raised by Mr. Keyser's appeal are both applicable to his property as well as toother property owners in similar situations, the staff report separately discusses the CommunityDevelopment Director's interpretation from their specific application to Mr. Keyser. Following theCommission's decision, the Community Development Director will prepue formal Interpretationon these matters pursuant to CMC Sec. 21.02.030, which will apply to subsequent garageconversion requests. Said interpretation may require an ordinance change to clarify the standards.Garage Definition: Chapter 21.72 of the Campbell Municipal Code provides specific definitionsfor terms used throughout the Zoning Code. These definitions often provide greater specificityfor a better contextual understanding of the term. As such, when provided, such definitions takeprecedent over dictionary definitions or common understanding.Interpretation: A plain reading of the Zoning Code definition for a private garage, below,makes clear that a "garage" is a building designed for the sole purpose of storing vehicles.Although a garage may include additional components (e.g., workshop, storage room, laundryroom, etc.) those component are distinct and separate from the principal purpose of the garage asbuilding intended to store vehicles."Garage, private" means an accessory building or portion of the main building designed for the shelter orstorage of automobiles having a permanent roof and enclosed on all sides.
Staff Report - Planning Commission Meeting of August 22, 2017Page 3 of sPLN2017-210-1363 Capri Dr.The Cornrnunity Development Director therefore determined that within the context of the ADUordinance, an "existing garage" means a garage as defined by the Municipal Code such that onlya structure that is entirely designed to store vehicles may exercise the garage conversionprovisions. As such, a garage that also incorporates a workshop, storage room, or othersecondary use is not an "existing garage".Moreover, the Community Development Director also determined that a structure must not onlybe entirely designed to store vehicles to be considered :? garage, it must also be functionally usedas a garage. This means that the structure must have operable doors (manual or electric), adriveway, be able to accommodate vehicles (i.e., there are no interior or exterior obstmctions thatwould restrict the parking of vehicles), and currently be used for vehicle parking. This wouldpreclude consideration of structures as garages that are no longer used or able to store vehicles,as is often the case when a homeowner retains a detached garage for storage or others purposeswhen building a new attached garage.Application: The structure in question was permitted by Santa Clara County (prior to annexationof the property into the City of Campbell) as a 3-car detached garage. However, as seen in thephotograph and existing elevation below, the stmcture has only two garage doors with the thirdbay inaccessible to vehicles. As such, irrespective of the use of the third bay-be it a storagespace or a workshop-the structure is not strictly a "garage" as defined by the Zoning Code.Additionally, the stmcture does not have a driveway connecting to the public street and its use tostore vehicles has been supplanted by the property's attached garage. As such, Mr. Keyser is notable to exercise the provisions applying to an "existing garage".k7;- "*p?'-4=!1!'%is.%?:":iq?'lLr-+?1Definition of Conversion: Neither the State legislation nor the Zoning Code provide a definitionfor "conversion" or "convert" in context of converting a garage into an ADU. As such, it isnecessary for the City to establish uniform standard that may apply to such conversions.Interpretation: The exceptions granted for garage conversions are intended to allow for alower-cost solution for creation of an ADU as compared to a ground-up constmction. In mostsituations, a garage is a well-built enclosure that satisfies Building Code requirements and whichshould involve minimal stmctural improvements to render it habitable as a dwelling unit. In thisregard, the meaning of "convert" should be narrowly construed to mean changing the use of agarage to a dwelling unit; "convert" does not mean substantial reconstmction of an existingstructure to a new dwelling unit.
Staff Report - Planning Commission Meeting of August 22, 2017Page 4 of sPLN2017-210-1363 Capri Dr.Specifically, "convert" should not mean is reconstruction (removal, replacement, orreinforcement) of exterior wall framing, roof framing/truss system, or exterior wall cladding; assuch alterations would result in a new or substantially different structure, contrary to the purposeof the garage conversion provisions.Additionally, recognizing that garage conversions are "non-conforming" structures-in that theconverted structure does not meet the otherwise applicable setbacks-such conversions shouldalso be held to the restrictions provided in CMC Sec. 21.58.050 (Restrictions on nonconforrningstructures), specifically subsection 'c', below. This section precludes stmctural alterations exceptthose required by law. As such, garage conversions are also prohibited from structural alterationsother than those necessary to ensure seismic safety.Mainteriance, repairs and minor alterations. Except as otherwise provided in this chapter, a nonconformingstructure may be maintained, repaired, and minor alterations made; provided no structural alterations shallbe made except those required by law or ordinance.Application: Although Mr. Keyser has not provided full structural plans for the project, basedon age of the structure, the photographs provided, the proposed installation of entire new roofingmaterial (replacing the corrugated metal with composition shingling), and Mr. Keyser's verbalestimate of the project costs in excess of $200,000, it is likely that the project will not complywith Community Development Director's interpretation. However, this determination wouldonly be relevant should the Planning Commission overturn the Community Developmenta-Iaaa-11111Director s interpretation of the meaning of garage.??'p//ll1f?rirtilAttachments :1. Draft Resolution2. Location Map3. ConstructionPlans4. Plan Check Memos. Appeal Materials1 Additionally, the existing structure is nearly 2-feet into a s-foot public utility easement (PUE) that is presumed tobe unused by any utility agencies. However, unless and until all utility companies with claim to this easement agreeto vacate it the property owner, the City cannot issue a permit, irrespective of the Planning Comrnission'sdetermination.
Staff Report - Planning Commission Meeting of August 22, 2017PLN20l7-210-1363 Capri Dr.Page s of sPrepared by:Approved by:?Daniel Fama, Sepior PlannerVbAly?Paul oyan, Community Development Director
Attaclunent # 7Appeal Letter - Alex and Lana Keyser-1363 Capri Dr.Members of the Campbell City Council, thank you for hearing our appeal of the PlanningCommission denial of our ADU application BLD201 7-00539.We are appealing the Planning Commission's denial of our application based on errors in fadand a dispute of findings. Please see below for the spedics:Summary of Appeal:1. We are appealing the Planning Commission's finding that our perrnmed 3 car detachedgarage is not considered a garage for the purposes of converting R into an ADu. Weprovided evidence to the Planning Commission to show the garage has been and iscurrently being used as a garage. The majority of the Planning Commissmn disregardedthe evidence that our garage is a garage mthout any supporting facts. More detailsmlow.2. We are appealing the Planning Commission's reliance on a vague definition of what isdeemed a mnversion and what is deemed a new structure. We were given one set ofcriteria prior to submitting an application for a building permit (on May 1 5th) and wereIater told that those crtteria were no Ionger valid well after submitting our completedapplication. When we asked fhp Planning Deparhent for new crtteria we were told thmthose did not exist yet. We are asking the City Council to apply the rules in efled whenour completed application for our development project was acoepted by the BuildingDepartment and not hoki us to an unknown set of undefined crtteria and a hypotheticalprooess that may or may not change at a later date-3. We would like the City Council to determine whether or not the Planning Director'srestrictive and new definttion of a garage complies wtth new state laws encouraging thecreation of affordable housing via the conversion of a?ssory structures into ADUs (SB1069 and AB 2299). NeRher state law nor the Campbell ordinance require that a garageproposed to be converted to a spcondary unR be 1 00% exclusively used as a garagetoday (although we do believe we comply mth even the Directors strict interpretation of agarage). The Campbell Municipal Code already has a very clear definition for what agarage is (CMC 21.72.020).4. We are appealing the Commission's decision that a building permit cannot be issuedprior to having all utility companies abandon the 5' utility easement running along theback of our property. This easement has never been used and will Iikely never be usedbecause all uUlities in our neighborhood are louted in the public right of way. We wouldalso understand ff ttm was an issue for a new structure, but the structure in question hasoccupied this easement area for over 60 years mthout issue and based on a prescriptiveright.
Additional Information:What makps our detached garage a garage, even using the Planning Director's veryreatricUve interpretation:1. The structure in question was permitted, designed, and built as a detached garage(perrnit has been shown to the Planning Department and Planning Commission) and itsuse has not been changed since construction.2. Other than a Iimited amount of shelving and cabinets (which almost all garages are likelyto have). The entire interior area is suitable for the storing of automobiles (includingmotor cycles). We have shown a picture of our mini-van parked in the garage as well asa photo of the wide open interior. Bottom line is that even though there are only twogarage doors, the entire interior can be used for storing automobiles and any storage issupportive of the function of this structure being used as a garage (storing tools andparts for automobiles). There are no interior walls, separate rooms or different uses forthis structure.3. The garage is easily accessible via a 12 foot wide marked gate in the fence, a driveway(part gravel and part cement), and 2 garage doors.Incorrect facts and supposiUons that were in the staff report and/or brought up duringthe Planning Commission meeting, along with our responsea:1. Some members of the commission stated that they were not sure that the garage isaccessible, and the staff report incorrectly stated'the structure does not have a drivewayconnecting to the public street".Response: The garage is indeed easily accessible via a Iarge gate and driveway(gravel Ieading to cement). There are no obstacles to parking in the garage. Simplyopen the gate to the yard, open one of the doors to the garage, and park inside.2. The staff report incorrectly states 'it's use to store vehicles has been supplanted by theproperty's affached garage'.Response: Nowhere is it stated that a property can only have one garage that functionsas a garage. Due to the Iimited width and architecture of our attached garage(accommodations for laundry and a chimney protruding into the parking area), we canonly park one car in it. Because of this we park other vehicles in the driveway and in thedetached garage in the back.3. This incorrectly stated item from the staff report was heavily discussed during thePlanning Commission meeting: "the structure has only two garage doors with the thirdbay inaccessible to vehicles. As such irrespective of the use of the third bay - be itstorage space or a workshop - the structure is not strictly a "garage" as defined by theZoning Code."
Response: While it's correct that the structure has only two garage doors, the third bayis absolutely still accessible to motor vehicles by maneuvering them once inside thegarage (the 24 foot depth of the garage allows for this), miich becomes even moreobvious when you consider the fact that a motorcycle is categorized as both a vehicleand automobile. The bottom line is that this detached garage can easily store 3 cars,and if you include motorcycles (which should be included) it can store additionalvehicles.4. Members of the Planning Commission discussed whether or not we still use the garageas a garage.Response: The structure is a permitted garage. The garage has not been structurallychanged since it was built. We use it as a garage and have shown photographicevidence of such in accordance with the City's requirements.s. There was a great deal of discussion about how the structure does not appear to be'sturdy".Response: While the detached garage may not be built to current it is built very solidly.Much of the interior is sheet rocked, but what isn't, appears to be using 3x5 framing,which is stronger than the standard 2x4 framing we see today. The roof framing alsoappears to be solid and in good condition. Every contractor we have shown the buildingto has been surprised by just how solidly it was built. We are confident the building canbe converted to an ADU with very limited demolition and/or reinforcement. Foreconomic reasons, we would like to keep the conversion to a minimum. If much olderbuildings are allowed to be remodeled, so should this one.6.Someone on the Planning Commission stated that we might be trying to convert thisstructure into an ADU because it's larger than the 640 sq/ft size limit on new ADUs, andthat we can always just build a conforming one.Response: This is another incorrect supposition. We are trying to convert this garageinto an ADU for one main reason. Because we are planning on using so much of theexisting garage, it will be less expensive to rernodel/convert than build a new structure.We are planning to use the current for indafion, roof framing, and as much of the wallframing as possible.7. There was quite a bit of discussion about whether or not this conversion met the spirit ofSenate Bill 1069 and Assembly Bill 2299 (the two bills encouraging the conversion ofgarages into ADUs). There were a couple of members of the Planning Commission whothought that the bills only pertained to newish structures that basically just needed thegarage door to be sealed shut.Response: Two of the members of the Planning Commission seemed to strongly agreethat this conversion did indeed meet the spirit of the new bills. We are trying to build thisADU for Lana's 64 year old mother who wants to live near her kids and graridkids, butcannot afford to buy or rent in this area. Our proposed ADU complies with StateHousing Laws and the City's ADU Ordinancp
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Table of ContentsUnderstanding ADUs and Their Importance ...................................................................................... 1Summary of Recent Changes to Accessory Dwelling Unit Laws ..................................................... 3Frequently Asked Questions: Accessory Dwelling Units ................................................................. 7Should an Ordinance Encourage the Development of ADUs?.......................................................... 7Are Existing Ordinances Null and Void?........................................................................................... 7Are Local Governments Required to Adopt an Ordinance? .............................................................. 8Can a Local Government Preclude ADUs? ...................................................................................... 8Can a Local Government Apply Development Standards and Designate Areas?............................. 8Can a Local Government Adopt Less Restrictive Requirements? .................................................... 8Can Local Governments Establish Minimum and Maximum Unit Sizes? .......................................... 9Can ADUs Exceed General Plan and Zoning Densities? ................................................................. 9How Are Fees Charged to ADUs?.................................................................................................. 10What Utility Fee Requirements Apply to ADUs. .. ... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 11What Utility Fee Requirements Apply to Non-City and County Service Districts? ........................... 10Do Utility Fee Requirements Apply to ADUs within Existing Space? .............................................. 10Does "Public Transit" Include within One-half Mile of a Bus Stop and Train Station? ..................... 10Can Parking Be Required Where a Car Share is Available? .......................................................... 11Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? ............................. 11Is Covered Parking Required? ....................................................................................................... 11Is Replacement Parking Required When the Parking Area for the Primary Structure is Used for anADU? ............................................................................................................................................. 11Are Setbacks Required When an Existing Garage is Converted to an ADU? ................................. 11Are ADUs Permitted in Existing Residence and Accessory Space?............................................... 12Are Owner Occupants Required? .................................................................................................. 12Are Fire Sprinklers Required for ADUs?......................................................................................... 12Is Manufactured Housing Permitted as an ADU? ........................................................................... 13Can an Efficiency Unit Be Smaller than 220 Square Feet?............................................................. 13Does ADU Law Apply to Charter Cities and Counties? .................................................................. 13Do ADUs Count toward the Regional Housing Need Allocation.............................................. 14Must Ordinances Be Submitted to the Department of Housing and Community Development? ..... 14
Frequently Asked Questions: Junior Accessory Dwelling Units15Is There a Difference between ADU and JADU?15Why Adopt a JADU Ordinance?17Can JADUs Count towards The RHNA?16Can the JADU Be Sold Independent of the Primary Dwelling?16Are JADUs Subject to Connection and Capacity Fees?16Are There Requirements for Fire Separation and Fire Sprinklers?17Resources18Attachment 1 : Statutory Changes (StrikeouUUnderline)19Attachment 2: Sample ADU Ordinance25Attachment 3: Sample JADU Ordinance28Attachment 4: State Standards Checklist31Attachment s: Bibliography ............................................................................................................ 32
Understanding Accessory Dwelling Unitsand Their ImportancemCourtesy of Karen Chapple, UC BerkeleyCalifornia's housing production is not keeping pace withdemand. In the Iast decade Iess than half of the neededhousing was built. This Iack of housing is impactingaffordability with average housing costs in Californiaexceeding the rest of the nation. As affordabilitybecomes more problematic, people drive Ionger distancesbetween a home that is affordable and where they work,or double up to share space, both of which reducesquality of life and produces negative environmentalimpacts.Beyond traditional market-rate construction andgovernment subsidized production and preservation thereare alternative housing models and emerging trends that cancontribute to addressing home supply and affordability in California.One such example gaining popularity are Accessory Dwelling Units (ADUs) (also referred to as second units, in-Iaw units, or granny flats).What is an ADUAn ADU is a secondary dwelling unit with complete independent living facilities for one or more personsand generally takes three forms:*Detached: The unit is separated from the primary structureAttached: The unit is attached to the primary structureRepurposed Existing Space: Space (e.g., master bedroom) within the primary residence isconverted into an independent Iiving unitJuniorAccessory Dwelling Units: Similar to repurposed space with various streamlining measuresADUs offer benefits that address common development barriers such as affordability and environmental quality.ADUs are an affordable type of home to construct in California because they do not require paying for Iand, majornew infrastructure, structured parking, or elevators. ADUs are built with cost-effective one- or two-story wood frameconstruction, which is significantly Iess costly than homes in new multifamily infill buildings. ADUs can provide asmuch Iiving space as the new apartments and condominiums being built in new infill buildings and serve very wellfor couples, small families, friends, young people, and seniors.ADUs are a different form of housing that can help California meet its diverse housing needs. Young professionalsand students desire to Iive in areas close to jobs, amenities, and schools. The problem with high-opportunity areasis that space is limited. There is a shortage of affordable units and the units that are available can be out of reachfor many people. To address the needs ofindividuals or small families seeking Iiving quarters in high opportunityareas, homeowners can construct an ADU on their lot or convert an underutilized part of their home Iike a garage1
into a junior ADU. This flexibility benefits not just people renting the space, but the homeowner as well, who canreceive an extra monthly rent income.ADUs give homeowners the flexibility to share independent Iiving areas with family members and others, allowingseniors to age in place as they require more care and helping extended families to be near one another whilemaintaining privacy.Relaxed regulations and the cost to build an ADU make it a very feasible affordable housing option. A UC Berkeleystudy noted that one unit of affordable housing in the Bay Area costs about $500,000 to develop whereas an ADUcan range anywhere up to $200,000 on the expensive end in high housing cost areas.ADUs are a critical form of infill-development that can be affordable and offer important housing choices withinexisting neighborhoods. ADUs are a powerful type of housing unit because they allow for different uses, and servedifferent populations ranging from students and young professionals to young families, people with disabilities andsenior citizens. By design, ADUs are more affordable and can provide additional income to homeowners. Localgovernments can encourage the development of ADUs and improve access to jobs, education and services formany Californians.2
Summary of Recent Changes to ADU LawsJril?J*4mjl:alCourkesy of Karen Chapple, UC BerkeleyThe California legislature found and declared that,among other things, allowing accessory dwelling units(ADUs) in single family and multifamily zonesprovides additional rental housing and are anessential component in addressing housing needs inCalifornia. Over the years, ADU law has been revisedto improve its effectiveness such as recent changesin 2003 to require ministerial approval. In 2017,changes to ADU Iaws will further reduce barriers,better streamline approval and expand capacity toaccommodate the development of ADUs.]P:€ADUs are a unique opportunity to address a variety ofhousing needs and provide affordable housingoptions for family members, friends, students, theelderly, in-home health care providers, the disabled,and others. Further, ADUs offer an opportunity to maximize andintegrate housing choices within existing neighborhoods.lWithin this context, the Department has prepared this guidance to assist Iocal governments in encouraging thedevelopment of ADUs. Please see Attachment 1 for the complete statutory changes. The following is a briefsummary of the changes for each bill.SB 1069 (Wieckowski)S.B. 1069 (Chapter 720, Statutes of 2C)1 6) made several changes to address barriers to the development of ADUsand expanded capacity for their development. The following is a brief summary of provisions that go into effectJanuary 1 , 2017.ParkingSB 1069 reduces parking requirements to one space per bedroom or unit. The Iegislation authorizes off streetparking to be tandem or in setback areas unless specific findings such as fire and Iife safety conditions are made.SB 1069 also prohibits parking requirements if the ADU meets any of the following:Is within a half mile from public transit.Is within an architecturally and historically significant historic district.Is part of an existing primary residence or an existing accessory structure.Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU.Is Iocated within one block of a car share area.3
FeesSB 1069 provides that ADUs shall not be considered new residential uses for the purpose of calculating utilityconnection fees or capacity charges, including water and sewer service. The bill prohibits a Iocal agency fromrequiring an ADU applicant to install a new or separate utility connection or impose a related connection fee orcapacity charge for ADUs that are contained within an existing residence or accessory structure. For attached anddetached ADUs, this fee or charge must be proportionate to the burden of the unit on the water or sewer systemand may not exceed the reasonable cost of providing the service.Fire RequirementsSB 1069 provides that fire sprinklers shall not be required in an accessory unit if they are not required in theprimary residence.ADUs within Existing SpaceLocal governments must ministerially approve an applic,ation to create within a single family residential zone oneADU per single family Iot if the unit is:contained within an existing residence or accessory structure.has independent exterior access from the existing residence.has side and rear setbacks that are sufficient for fire safety.These provisions apply within all single family residential zones and ADUs within existing space must be allowed inall of these zones. No additional parking or other development standards can be applied except for building coderequirements.No Total ProhibitionSB 1069 prohibits a Iocal government from adopting an ordinance that precludes ADUs.AB 2299 (Bloom)Generally, AB 2299 (Chapter 735, Statutes of 2016) requires a Iocal government (beginning January 1, 2017) toministerially approve ADUs if the unit complies with certain parking requirements, the maximum allowable size ofan attached ADU, and setback requirements, as follows:*The unit is not intended for sale separate from the primary residence and may be rented.*The Iot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.The unit is either attached to an existing dwelling or Iocated within the living area of the existing dwelling ordetached and on the same lot.*The increased floor area of the unit does not exceed 50% of the existing Iiving area, with a maximumincrease in floor area of 1 ,200 square feet.The total area of floorspace for a detached accessory dwelling unit does not exceed 1 ,200 square feet.*No passageway can be required.*No setback can be required from an existing garage that is converted to an ADU.4
*Compliance with local building code requirements.*Approval by the Iocal health officer where private sewage disposal system is being used.Impact on Existing Accessory Dwelling Unit OrdinancesAB 2299 provides that any existing ADU ordinance that does not meet the bill's requirements is null and void uponthe date the bill becomes effective. In such cases, a jurisdiction must approve accessory dwelling units based onGovernment Code Section 65852.2 until the jurisdiction adopts a compliant ordinance.AB 2406 (Thurmond)AB 2406 (Chapter 755, Statutes of 2016) creates more flexibility for housing options by authorizing Iocalgovernments to permit junior accessory dwelling units (JADU) through an ordinance. The bill defines JADUs to bea unit that cannot exceed 500 square feet and must be completely contained within the space of an existingresidential structure. In addition, the bill requires specified components for a Iocal JADU ordinance. Adoption of aJADU ordinance is optional.Required ComponentsThe ordinance authorized by AB 2406 must include the following requirements:- Limit to one JADU per residential Iot zoned for single-family residences with a single-family residence alreadybuilt on the Iot.- The single-family residence in which the JADU is created or JADU must be occupied by the owner of theresidence.- The owner must record a deed restriction stating that the JADU cannot be sold separately from the single-family residence and restricting the JADU to the size Iimitations and other requirements of the JADUordinance.- The JADU must be Iocated entirely within the existing structure of the single-family residence and JADU haveits own separate entrance.- The JADU must include an efficiency kitchen which includes a sink, cooking appliance, counter surface, andstorage cabinets that meet minimum building code standards. No gas or 220V circuits are allowed.The JADLI may share a bath with the primary residence or have its own bath.Prohibited ComponentsThis bill prohibits a local JADU ordinance from requiring:- Additional parking as a condition to grant a permit.Applying additional water, sewer and power connection fees. No connections are needed as these utilitieshave already been accounted for in the original permit for the home.s
Fire Safety RequirementsAB 2406 clarifies that a JADU is to be considered part of the single-family residence for the purposes of fire andIife protections ordinances and regulations, such as sprinklers and smoke detectors. The bill also requires Iife andprotection ordinances that affect single-family residences to be applied uniformly to all single-family residences,regardless of the presence of a JADU.JADUs and the RHNAAs part of the housing element portion of their general plan, local governments are required to identify sites withappropriate zoning that will accommodate projected housing needs in their regional housing need allocation(RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a JADU towara theRHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit which is fairlyflexible. Local government count units as part of reporting to DOF. JADUs meet these definitions and this billwould allow cities and counties to earn credit toward meeting their RHNA allocations by permitting residents tocreate less costly accessory units. See additional discussion under JADU frequently asked questions.6
Frequently Asked Questions:Accessory Dwelling UnitsShould an Ordinance Encourage the Development of ADUs?Yes, ADU Iaw and recent changes intend to address barriers, streamline approval and expand potential capacityfor ADUs recognizing their unique importance in addressing California's housing needs. The preparation, adoption,amendment and implementation of local ADU ordinances must be carried out consistent with Government CodeSection 65852.150:(a) The Legislature finds and declares all of the following:(1) Accessory dwelling units are a valuable form of housing in California.(2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health careproviders, the disabled, and others, at below market prices within existing neighborhoods.(3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense ofsecurit!1.(4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rentalhousing stock in California.(5) California faces a severe housing crisis.(6) The state is falling far short of meeting cugent and future housing demand with serious consequences forthe state's economy, our ability to build green infill consistent with state greenhouse gas reduction goals, andthe well-being of our citizens, particularly Iower and middle-income earners.(7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents withinexisting neighborhoods, while respecting architectural character.(8) Accessory dwelling units are, therefore, an essential component of California's housing supply.(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency hasthe effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relatingto matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, orburdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units inzones in which they are authorized by local ordinance.S?u.fa,-T7, ? lll1lll?itCourkesy of Karen Chapple, UC Berkeley[Z]Cl1'!r';1Are Existino Ordinances Null and Void?hxistingYes, any Iocal ordinance adopted prior to January 1 , 2017that is not in compliance with the changes to ADU law will benull and void. Until an ordinance is adopted, Iocalgovernments must apply "state standards" (See Attachment4 for State Standards checklist). In the absence of a localordinance complying with ADU law, local review must belimited to "state standards" and cannot include additionalrequirements such as those in an existing ordinance.7
Are Local Governments Required to Adopt an Ordinance?No, a local government is not required to adopt an ordinance. ADUs built within a jurisdiction that lacks a Iocalordinance must comply with state standards (See Attachment 4). Adopting an ordinance can occur throughdifferent forms such as a new ordinance, amendment to an existing ordinance, separate section or specialregulations within the zoning code or integrated into the zoning code by district. However, the ordinance should beestablished Iegislatively through a public process and meeting and not through internal administrative actions suchas memos or zoning interpretations.Can a Local Government Preclude ADUs?No Iocal government cannot preclude ADus.Can a Local Government Apply Development Standards and Designate Areas'.Yes, Iocal governments may apply development standards and may designate where ADUs are permitted (GCSections 65852.2(a%l )(A) and (B)). However, ADUs within existing structures must be allowed in all single familyresidential zones.For ADUs that require an addition or a new accessory structure, development standards such as parking, height,Iot coverage, Iot size and maximum unit size can be established with certain Iimitations. ADUs can be avoided orallowed through an ancillary and separate discretionary process in areas with health and safety risks such as highfire hazard areas. t-Iowever, standards and allowable areas must not be designed or applied in a manner thatburdens the development of ADUs and should maximize the potential for ADU development. Designating areaswhere ADus are allowed should be approached primarily on health and safety issues including water, sewer, trafficflow and public safety. Utilizing approaches such as restrictive overlays, Iimiting ADUs to Iarger Iot sizes,burdensome Iot coverage and setbacks and particularly concentration or distance requirements (e.g., no less than500 feet between ADUs) may unreasonably restrict the ability of the homeowners to create ADUs, contrary to theintent of the Legislature.Requiring Iarge minimum Iot sizes and not allowing smaller Iot sizes for ADUs can severely restrict theirpotential development. For example, large minimum Iot sizes for ADUs may constrict capacity throughoutmost of the community. Minimum Iot sizes cannot be applied to ADUs within existing structures and couldbe considered relative to health and safety concerns such as areas on septic systems. While Iarger lotsizes might be targeted for various reasons such as ease of compatibility, many tools are available (e.g.,maximum unit size, maximum Iot coverage, minimum setbacks, architectural and Iandscape requirements)that allows ADUs to fit well within the built environment.Can a Local Government Adopt Less Restrictive Requirements?Yes, ADU law is a minimum requirement and its purpose is to encourage the development of ADUs. Localgovernments can take a variety of actions beyond the statute that promote ADUs such as reductions in fees, lessrestrictive parking or unit sizes or amending general plan policies.8
Santa Cruz has confronted a shortage of housing for many years, considering its growth in population fromincoming students at UC Santa Cruz and its proximity to Silicon Valley. The city promoted the developmentof ADUs as critical infill-housing opportunity through various strategies such as creating a manual topromote ADUs. The manual showcases prototypes of ADUs and outlines city zoning Iaws andrequirements to make it more convenient for homeowners to get information. The City found thathomeowners will take time to develop an ADU only if information is easy to find, the process is simple, andthere is sufficient guidance on what options they have in regards to design and planning.The city set the minimum Iot size requirement at 4,500 sq. ft. to develop an ADU in order to encouragemore homes to build an ADU. This allowed for a majority of single-family homes in Santa Cruz to developan ADU. For more information, see http://www.cityofsantacruz.com/departments/planninq-and-community-developm ent/proqram s/accessory-dwellinq-unit-developm ent-proq ram.Can Local Governments Establish Minimum and Maximum Unit Sizes?Yes, a local government may establish minimum and maximum unit sizes (GC Section 65852.2(c). However, Iikeall development standards (e.g., height, lot coverage, Iot size), unit sizes should not burden the development ofADUs. For example, setting a minimum unit size that substantially increases costs or a maximum unit size thatunreasonably restricts opportunities would be inconsistent with the intent of the statute. Typical maximum unitsizes range from 800 square feet to 1 ,200 square feet. Minimum unit size must at Ieast allow for an efficiency unitas defined in Health and Safety Code Section 17958.1.ADU law requires local government approval if meeting various requirements (GC Section65852.2(a)(1 )(D)), including unit size requirements. Specifically, attached ADUs shall not exceed 50percent of the existing Iiving area or 1 ,200 square feet and detached ADUs shall not exceed 1 ,200square feet. A local government may choose a maximum unit size Iess than 1 ,200 square feet as longas the requirement is not burdensome on the creation of ADUs.Can ADUs Exceed General Plan and Zoning Densities?An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning.For example, if a zoning district allows one unit per 7,500 square feet, then an ADu would not be counted as anadditional unit. Minimum Iot sizes must not be doubled (e.g., 1 5,000 square feet) to account for an ADU. Further,Iocal governments could elect to allow more than one ADU on a Iot.New developments can increase the total number of affordable units in their project plans byintegrating ADUs. Aside from increasing the total number of affordable units, integrating ADUsalso promotes housing choices within a development. One such example is the Cannery projectin Davis, CA. The Cannery project includes 547 residential units with up to 60 integrated ADUs.ADUs within the Cannery blend in with surrounding architecture, maintaining compatibility withneighborhoods and enhancing community character. ADUs are constructed at the same time asthe primary single-family unit to ensure the affordable rental unit is available in the housingsupply concurrent with the availability of market rate housing.9
How Are Fees Charged to ADUs?All impact fees, including water, sewer, park and traffic fees must be charged in accordance with the Fee MitigationAct, which requires fees to be proportional to the actual impact (e.g., significantly Iess than a single family home).Fees on ADUs, must proportionately account for impact on services based on the size of the ADU or number ofplumbing fixtures. For example, a 700 square foot new ADU with one bathroom that results in Iess Iandscapingshould be charged much Iess than a 2,000 square foot home with three bathrooms and an entirely newIandscaped parcel which must be irrigated. Fees for ADUs should be significantly Iess and should account for aIesser impact such as Iower sewer or traffic impacts.What Utility Fee Requirements Apply to ADUs?Cities and counties cannot consider ADUs as new residential uses when calculating connection fees and capacitycharges.Where ADUs are being created within an existing structure (primary or accessory), the city or county cannotrequire a new or separate utility connections for the ADU and cannot charge any connection fee or capacitycharge.For other ADUs, a Iocal agency may require separate utility connections between the primary dwelling and theADU, but any connection fee or capacity charge must be proportionate to the impact of the ADU based on either itssize or the number of plumbing fixtures.What Utility Fee Requirements Apply to Non-City and County Service Districts?All Iocal agencies must charge impact fees in accordance with the Mitigation Fee Act (commencing withGovernment Code Section 66000), including in particular Section 66013, which requires the connection fees andcapacity charges to be proportionate to the burden posed by the ADU. Special districts and non-city and countyservice districts must account for the Iesser impact related to an ADU and should base fees on unit size or numberof plumbing fixtures. Providers should consider a proportionate or sliding scale fee structures that address thesmaller size and lesser impact of ADUs (e.g., fees per square foot or fees per fixture). Fee waivers or deferralscould be considered to better promote the development of ADUs.Do Utility Fee Requirements Apply to ADUs within Existing Space?No, where ADUs are being created within an existing structure (primary or accessory), new or separate utilityconnections and fees (connection and capacity) must not be required.Does "Public Transit" Include within One-half Mile of a Bus Stop and TrainStation?Yes, "public transit" may include a bus stop, train station and paratransit if appropriate for the applicant. "Publictransit" includes areas where transit is available and can be considered regardless of tighter headways (e.g., 1 sminute intervals). Local governments could consider a broader definition of "public transit" such as distance to abus route.10
Can Parking Be Required Where a Car Share Is Available?No, ADU Iaw does not allow parking to be required when there is a car share located within a block of the ADU. Acar share Iocation includes a designated pick up and drop off Iocation. Local governments can measure a blockfrom a pick up and drop off Iocation and can decide to adopt broader distance requirements such as two to threeblocks.Is Off Street Parking Permitted in Setback Areas or through Tandem Parking?Yes, ADU Iaw deliberately reduces parking requirements. Local governments may make specific findings thattandem parking and parking in setbacks are infeasible based on specific site, regional topographical or fire and lifesafety conditions or that tandem parking or parking in setbacks is not permitted anywhere else in the jurisdiction.However, these determinations should be applied in a manner that does not unnecessarily restrict the creation ofADUs.Local governments must provide reasonable accommodation to persons with disabilities to promote equalaccess housing and comply with fair housing Iaws and housing element law. The reasonableaccommodation procedure must provide exception to zoning and Iand use regulations which includes anADU ordinance. Potential exceptions are not Iimited and may include development standards such assetbacks and parking requirements and permitted uses that further the housing opportunities of individualswith disabilities.Is Covered Parking Required?No, off street parking must be permitted through tandem parking on an existing driveway, unless specific findingsare made.Is Replacement Parking Required When the Parking Area for the PrimaryStructure Is Used for an ADU?Yes, but only if the Iocal government requires ofl-street parking to be replaced in which case flexible arrangementssuch as tandem, including existing driveways and uncovered parking are allowed. Local governments have anopportunity to be flexible and promote ADUs that are being created on existing parking space and can consider notrequiring replacement parking.Are Setbacks Required When an Existing Garage Is Converted to an ADU?No, setbacks must not be required when a garage is converted or when existing space (e.g., game room or office)above a garage is converted. Rear and side yard setbacks of no more than five feet are required when new spaceis added above a garage for an ADU. In this case, the setbacks only apply to the added space above the garage,not the existing garage and the ADU can be constructed wholly or partly above the garage, including extendingbeyond the garage walls.Also, when a garage, carport or covered parking structure is demolished or where the parking area ceases to existso an ADU can be created, the replacement parking must be allowed in any "configuration" on the Iot, "...including,11
but not Iimited to, covered spaces, uncovered spaces, or tandem spaces, or... ." Configuration can be applied in aflexible manner to not burden the creation of ADUs. For example, spatial configurations Iike tandem on existingdriveways in setback areas or not requiring excessive distances from the street would be appropriate.Are ADUs Permitted in Existing Residence or Accessory Space?Yes, ADUs Iocated in single family residential zones and existing space of a single family residence or accessorystructure must be approved regardless of zoning standards (Section 65852.2(a)(1 )(B)) for ADUs, includingIocational requirements (Section 65852.2(a)(1 )(A)), subject to usual non-appealable ministerial building permitrequirements. For example, ADUs in existing space does not necessitate a zoning clearance and must not beIimited to certain zones or areas or subject to height, Iot size, Iot coverage, unit size, architectural review,Iandscape or parking requirements. Simply, wt"iere a single family residence or accessory structure exists in anysingle family residential zone, so can an ADU. The purpose is to streamline and expand potential for ADUs whereimpact is minimal and the existing footprint is not being increased.Zoning requirements are not a basis for denying a ministerial building permit for an ADU, including non-conformingIots or structures. The phrase, "..within the existing space" includes areas within a primary home or within anattached or detached accessory structure such as a garage, a carriage house, a pool house, a rear yard studioand similar enclosed structures.Are Owner Occupants Required?No, however, a Iocal government can require an applicant to be an owner occupant. The owner may reside in theprimary or accessory structure. Local governments can also require the ADu to not be used for short term rentals(terms Iesser than 30 days). Both owner occupant use and prohibition on short term rentals can be required on thesame property. Local agencies which impose this requirement should require recordation of a deed restrictionregarding owner occupancy to comply with GC Section 27281 .5Are Fire Sprinklers Required for ADUs?Depends, ADUs shall not be required to provide fire sprinklers if they are not or were not required of the primaryresidence. However, sprinklers can be required for an ADU if required in the primary structure. For example, if theprimary residence has sprinklers as a result of an existing ordinance, then sprinklers could be required in the ADU.Alternative methods for fire protection could be provided.If the ADU is detached from the main structure or new space above a detached garage, applicants can beencouraged to contact the Iocal fire jurisdiction for information regarding fire sprinklers. Since ADUs are a uniqueopportunity to address a variety of housing needs and provide affordable housing options for family members,students, the elderly, in-home health care providers, the disabled, and others, the fire departments want to ensurethe safety of these populations as well as the safety of those living in the primary structure. Fire Departments canhelp educate property owners on the benefits of sprinklers, potential resources and how they can be installed costeffectively. For example, insurance rates are typically s to 10 percent Iower where the unit is sprinklered. Finally,other methods exist to provide additional fire protection. Some options may include additional exits, emergencyescape and rescue openings, 1 hour or greater fire-rated assemblies, roofing materials and setbacks from propertyIines or other structures.12
Is Manufactured Housing Permitted as an ADU?Yes, an ADU is any residential dwelling unit with independent facilities and permanent provisions for living,sleeping, eating, cooking and sanitation. An ADU includes an efficiency unit (Health and Safety Code Section17958.1 ) and a manufactured home (Health and Safety Code Section 18007).Health and Safety Code Section 18007(a) "Manufactured home," for the purposes of this part, means astructure that was constructed on or after June 15, 1 976, is transportable in one or more sections, is eightbody feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected onsite, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes theplumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home"includes any structure that meets all the requirements of this paragraph except the size requirements andwith respect to which the manufacturer voluntarily files a certification and complies with the standardsestablished under the National Manufactured Housing Construction and Safety Act of 1974 (42 u.s.c.,Sec. 5401 , and following).Can an Efficiency Unit Be Smaller than 220 Square Feet?Yes, an efficiency unit for occupancy by no more than two persons, by statute (Health and Safety Code Section17958.1 ), can have a minimum floor area of 150 square feet and can also have partial kitchen or bathroomfacilities, as specified by ordinance or can have the same meaning specified in the Uniform Building Code,referenced in the Title 24 of the California Code of Regulations.The 20l51nternational Residential Code adopted by reference into the 2016 California Residential Code(CRC) allows residential dwelling units to be built considerably smaller than an Efficiency Dwelling Unit(EDu). Prior to this code change an EDU was required to have a minimum floor area not Iess than 220 sq.ft unless modified by Iocal ordinance in accordance with the California Health and Safety Code which couldallow an EDU to be built no Iess than 150 sq. ft. For more information, see HCD's Information Bulletin athttp://www. hcd .ca.qov/codes/m anufactured-housinq/docs/ib20 16-06. pdf .Does ADU Law Apply to Charter Cities and Counties?Yes. ADU Iaw explicitly applies to "local agencies" which are defined as a city, county, or city and county whethergeneral Iaw or chartered (Section 65852.2(i)(2)).13
Do ADUs Count toward the Regional Housing Need Allocation?Yes, Iocal governments may report ADUs as progress toward Regional Housing Need Allocation pursuant toGovernment Code Section 65400 based on the actual or anticipated affordability. See below frequently askedquestions for JADUs for additional discussion.Must ADU Ordinances Be Submitted to the Department of Housing andCommunity Development?Yes, ADU ordinances must be submitted to the State Department of Housing and Community Development within60 days after adoption, including amendments to existing ordinances. However, upon submittal, the ordinance isnot subject to a Department review and findings process similar to housing element Iaw (GC Section 65585)14
Frequently Asked Questions:Junior Accessory Dwelling UnitsIs There a Difference between ADU and JADU?Yes, AB 2406 added Government Code Section 65852.22,providing a unique option for Junior ADUs. The bill allowslocal governments to adopt ordinances for JADUs, which areno more than 500 square feet and are typically bedrooms in a- single-family home that have an entrance into the unit from{, % the-main home and an entrance to the outside from thesiJADU. The JADU must have cooking facilities, including asink, but is not required to have a private bathroom. Currentlaw does not prohibit Iocal governments from adopting anordinance for a JADU, and this bill explicitly allows, notrequires, a Iocal agency to do so. If the ordinance requires apermit, the Iocal agency shall not require additional parking orcharge a fee for a water or sewer connection as a conditionof granting a permit for a JADU. For more information, seebelow.1t§[)@r'N!,4?.Wi?.u?wff-t.. '1[5tm(7-l@i8"'T71Tf 11s?if.J!Qlll
'?l4-?i!:%'lCourtesy of Lilypad Homes and Photo Credit to Jocelyn KnightADUs and JADUs15il<*1!fAl'!l'iM:ii !alw 71alMaximum Unit Size Yes, generally up to 1 ,200 Square Feet or Yes, 500 Square Foot Maximum50% of Iiving areaKitchen Yes YesBathroom Yes No,CommonSanitationisAllowedSeparateEntrance Depends YesParking Depends, Parking May Be Eliminated and No, Parking Cannot Be RequiredCannot Be Required Under SpecifiedConditionsOwner Occupancy Depends, Owner Occupancy May Be Yes, Owner Occupancy Is RequiredRequiredMinisterialApprovalProcess Yes YesProhibition on Sale of ADU Yes Yes
Why Adopt a JADU Ordinance?JADUs offer the simplest and most affordable housing option. They bridge the gap between a roommate and atenant by offering an interior connection between the unit and main Iiving area. The doors between the two spacescan be secured from both sides, allowing them to be easily privatized or incorporated back into the main Iivingarea. These units share central systems, require no fire separation, and have a basic kitchen, utilizing small plugin appliances, reducing development costs. This provides flexibility and an insurance policy in homes in caseadditional income or housing is needed. They present no additional stress on utility services or infrastructurebecause they simply repurpose spare bedrooms that do not expand the homes planned occupancy. No additionaladdress is required on the property because an interior connection remains. By adopting a JADU ordinance, Iocalgovernments can offer homeowners additional options to take advantage of underutilized space and betteraddress its housing needs.Can JADUs Count towards the RHNA?Yes, as part of the housing element portion of their general plan, Iocal governments are required to identify siteswith appropriate zoning that will accommodate projected housing needs in their regional housing need allocation(RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a unit toward theRHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, aJADU, including with shared sanitation facilities, that meets the census definition and is reported to the Departmentof Finance as part of the DOF annual City and County Housing Unit Change Survey can be credited toward theRHNA based on the appropriate income level. Local governments can track actual or anticipated affordability toassure the JADU is counted to the appropriate income category. For example, some Iocal governments requestand track information such as anticipated affordability as part of the building permit application.A housing unit is a house, an apartment, a mobile home or trailer, a group of rooms, or a single room thatis occupied, or, if vacant, is intended for occupancy as separate living quarters. Separate Iiving quartersare those in which the occupants live separately from any other persons in the building and which havedirect access from the outside of the building or through a common hall.Can the JADU Be Sold Independent of the Primary Dwelling?No, the JADU cannot be sold separate from the primary dwelling.Are JADUs Subject to Connection and Capacity Fees?No, JADUs shall not be considered a separate or new dwelling unit for the purposes of fees and as a result shouldnot be charged a fee for providing water, sewer or power, including a connection fee. These requirements apply toall providers of water, sewer and povver, including non-municipal providers.Local governments may adopt requirements for fees related to parking, other service or connection for water,sewer or power, however, these requirements must be uniform for all single family residences and JADUs are notconsidered a new or separate unit.16
Are There Requirements for Fire Separation and Fire Sprinklers?Yes, a local government may adopt requirements related to fire and Iife protection requirements. However, a JADUshall not be considered a new or separate unit. In other words, if the primary unit is not subject to fire or Iifeprotection requirements, then the JADU must be treated the same.17
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Attachment 1 : Statutory Changes (Strikeout/Underline)Government Code Section 65852.2(a) (1 )Appy A Iocal agency may, by ordinance, provide for the creation of ?accessory dwelling units insingle-family and multifamily residential zones. The ordinance may ?do aq all of the following:(A) Designate areas within the jurisdiction of the local agency where ?accessory dwellinq units may bepermitted. The designation of areas may be based on criteria, that may include, but are not limited to, theadequacy of water and sewer services and the im pact of ?accessory dwelling units on traffic ? ?public safety.(B) (i) Impose standards on ?accessory dwellinq units that include, but are not limited to, parking, height,setback, Iot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverseimpacts on any real properky that is listed in the California Register of Historic Places.(ii) Notwithstandinq clause (il a Iocal aqency may reduce or eliminate parkinq requirements for any accessorydwellinq unit located within its iurisdiction.(C) Provide that ?accessory dwellinq units do not exceed the allowable density for the lot upon whichthe ?accessory dwellinq unit is iocated, and that ?accessory dwellinq units are a residentiai use thatis consistent with the existing general plan and zoning designation for the Iot.(D) Require the accessory dwellinq units to comply with a// of the followinq:(i) The unit is not intended for sale separate from the primary residence and may be rented.(ii) The lot is zoned for sinqle-family or multifamily use and contains an existinq. single-family dwellinq.(iii) The accessory dwellinq unit is either attached to the existing dwellinq or Iocated within the livinq area of theexistinq dwellinq or detached from the existinq dwellinq and Iocated on the same lot as the existinq dwelling.(iv) The increased floor area of an attached accessory dwellinq unit shall not exceed 50 percent of the existinqlivinq area, with a maximum increase in floor area of 1,200 square feet.(v) The total area of floorspace for a detached accessory dwellinq unit shall not exceed 1, 200 square feet.(vi) No passaqeway shall be required in coniunction with the construction of an accessory dwellinq unit.(vii) No setback shall be required for an existinq qaraqe that is converted to a accessory dwelling unit, and asetback of no more than five feet from the side and rear lot lines shall be required for an accessory dwellinq unitthat is constructed above a qarage.(viii) Local buildinq code requirements that apply to detached dwellinqs, as appropriate.(ix) Approval by the local health officer where a private sewaqe disposal system is beinq used, if required.(x) (I} Parkinq requirements for accessory dwellinq units shall not exceed one parkinq space per unit or perbedroom. These spaces may be provided as tandem parking on an existing driveway.(11) Offstreet parkinq shall be permitted in setback areas in locations determined by the local aqency or throuqhtandem parking, unless specific findinqs are made that parkinq in setback areas or tandem parkinq is not feasiblebased upon specific site or reqional topoqraphical or fire and life safety conditions, or that it is not permittedanywhere else in the iurisdiction.(///) This clause shall not apply to a unit that is described in subdivision (d).19
(xi) When a qaraqe, carport, or covered parkinq structure is demolished in coniunction with the construction of anaccessory dwellinq unit, and the local aqency requires that those offstreet parkinq spaces be replaced, thereplacement spaces may be Iocated in any confiquration on the same lot as the accessory dwellinq unit, includinq,but not Iimited to, as covered spaces, uncovered spaces. or tandem spaces, or by the use of mechanicalautomobile parkinq Iifts. This clause shall not apply to a unit that is described in subdivision (d).(2) The ordinance shall not be considered in the application of any Iocal ordinance, policy, or program to Iimitresidential growth.(3) When a local agency receives its first application on or after July 1 , 2003, for a permit pursuant to thissubdivision, the application shall be considered ministerially without discretionary review or a hearing,notwithstanding Section 65901 or 65906 or any Iocal ordinance regulating the issuance of variances or specialusea."aaaa. permits, within 120 days after receivinq the application. A Iocal agency maycharge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance thatprovides for the creation of ? an accessory dwellinq unit.]@) [41 (4-) An ? existinq ordinance qoverninq the creation of an accessory dwellinq unit by a Iocalagency ipihir):i ):nr pef qdepterl ?FI nrrlmqqre rigusmiqri Arll Ir ip irrrirrliprh ipiitt:i riibrliiririr+p (*S W (rl mrhmor i+rfirEf a'ieeliritiep 9Fl er Qher Ii 111} 1 igg'i f9r 1 9€rmit 91lrrll!Qt tn thir 91 Ibdil}irigQ k iwll zgggrit rba'ill 2rrQol lbQieelirqfien '3Rd 'IE)erelle er dir'leererte the a'ieglirqtiep mipirtsriqlm INli+h91 11 tJirrrp.tigpinl m fl Irfl I*ol +g ttiif" " or an accessory dwellinq ordinance adopted by a local agency subsequent to the effectivedate of the act addinq this paraqraph shall provide an approval process that includes only ministerial provisions forthe approval of accessory dwellinq units and shall not include any discretionary processes, provisions, orrequirements for those units, except as otherwise provided in this subdivision. In the event that a local aqency hasan existinq accessory dwellinq unit ordinance that fails to meet the requirements of this subdivision, that ordinanceshall be null and void upon the effective date of the act addinq this paraqraph and that aqency shall thereafterapply the standards established in this subdivision for the approval of accessory dwellinq units, unless and until thea5eg. adopts an ordinance :Fl yrem"'ipre iiritt:i riibdiiririep (*1 er (rS imrithm 1 ?g eJq';ir qfter rereiiripg fheiBBliritieq >Ietwif):irtqpdiqg Sertien FiGIG)1 er 6'igg6 euspr Igrql *qeqrsr rhill gript * vqri-"iwp gr spyi-al i irp'I'--'""eermit fnr ths rrsaitinp nf a'i Anl I if thn b rll I rar?ipr uri+b a'ill rif tba frillriiariori'@ that complies with this section.fs--'I'l-I-%-l%Jr..(b S Thn i init ir prit i? f.rv ra:ila carl w*st ha rao+rirl(Fl S Thn Int ir "yriprirl 'Enr sinrile faamilv rir mi il+ifamilii i ieo(rl Tho lrit rrip+iinr iq nyir+ipri rinrilp-fimilii rliarrillioriI'sz)----rrr-;-,arlS The Anl I ir either gtfirhed te the evairfipa dwellipg gpd Igrifsd ipiithiq th+:i Iiviqq qrpi qf tbs:i oyir+igg diarplliggrirdetyhed frnm fhri eyirtipg dmellipg qqrl Irirqfsrl np fhs rimh lrit -ir thp gwutTha diarelliggszsssx?riy,(Fl The ipirreyed fleer irei rif ip qttyherl Anl I rhill prif pvrppd "IQ nhw? nf fhp ayir+iga Iiirioa iraa'ilw)---'r-rrw',(Fl The fnfil greq nf flririrrgqrg fnr a rlofirhorl Anl l shill pr+t ?ahrl 1 '>Qn rrii i-ara faa+(Gl f2eatiirememr relitmg te heigm refbyk Igt rgverige irrhitortiiril resripshr ri+p plip zsrienar faar rbgraarX%rItiil) "liqrl nfher vripimri reei iiremeptr ririperqllir a'renlirqble fri rsridspfiil rriqrtri ir+iriq ip +hh -zcipp ip iarbir-):i +be orr+naasr ir?(H I I riril bi iildiqri rrirle rem iiremeptr ipihirh innlir fn rlohrhm ?r *s qnprriorii+a(l'i Annrrwa'il bu the Iriril hsqlft=i nffirsr uuhsro * +qrmi+p rpnuaigh rtirgru.ql rstcAem ir baiori iirad if rooiiirad20
fl [?ffl No other Iocal ordinance, policy, or regulation shall be the basis for the denial of a building permit or a usepermit under this subdivision.(,Q fjffl This subdivision establishes the maximum standards that local agencies shall use to evaluate prepeged?a proposed accessory dwelling unit on a Iot zoned for residential use whirh reqt"iip that contains anexisting single-family dwelling. No additional standards, other than those provided in thirriibeliiririeri er riibelmiriep(,afisubdivision, shall be utilized or imposed, except that a Iocal agency may require an applicant for a permitissued pursuant to this subdivision to be an. owner-occupant or that the property be used forrentals of terms lonqer than 30 days.MmAln rhiprier in "rnpipn nrrlipnprnr nr rifhpr rirrliqa'ipry nr mu rha:ipnas in +hh rioaora>I rila'io chill ba rgru iirgrl+ri imrilamrin+ +hic riihrliiiiririn brisrA Iocal agency may amend its zoning ordinance or general plan to incorporatex?-r./1the policies, procedures, or other provisions applicable to the creation of ADUs an accessory dwellinq unit if theseprovisions are consistent with the Iimitations of this subdivision.jp [jJ"An accessory dwellinq unit that conforms to this subdivisionshall be deemed to be an accessory use or an accessory buildinq and shall not be considered to exceed theallowable density for the Iot upon which it is Iocated, and shall be deemed to be a residential usew? that isconsistent with the existing general plan and zoning designations for the lot. The ?accessory dwellinq unitshall not be considered in the application of any local ordinance, policy, or program to limit residential growth.(e) {j2) No ? Iocal agencyrha:ill irlnnt 'aiq rirrliniqrp mhirh trit? r?l? irlnr Arll Ir wi+bia rigrila fzmilir rirmiilfifimilir vriperl ire*c iiqlerr ti:ie nrrlipipre rnqtgipr fiqrliprip irkqriipilorl+:iipri thd 'kkw rwligqpre m*sr ligiithnriripg rinonrti ipifiec rif the rsninp iqrl fi idhor rnqtqiqs fiqrliprir 'H:i":i+ rnnrifir irlsrer'-p imrizrtr nci +ho or iWir baitth- - - - -- - - '? -lj 11 %-- IAJ-'--%-%-'?"'%J-'-Il'l %- --X-irifofir qqrl ipmfa'iro thif mni ilrl rest ilt frnm aiJlnuiipri Anl lr iaii+bin rigrilo faia>ilir a'iarl a>i ilfifiaxilii yrioor{ *ra*c it ic-+iEu' =JIJ - M t J ; IJT Tl;r-'a . that has not adopted an ordinance qoverninq accessory dwellinq units in accordance withsubdivision (a) receives its first application on or affer July 1, 1983, for a permit to create an accessory dwellingunit pursuant to this subdivision, the local aqency shall accept the application and approve or disapprove theapplication ministerially without discretionary review pursuant to subdivision (a) within 120 days after receivinq theapplication.J[ {3;l A Iocal agency may establish minimum and maximum unit size requirements for both attached anddetached seeemJ-accessory dwellinq units. No minimum or maximum size for ?an accessory dwelling unit,or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached ordetached dwellings v? that does not permit at least an efficiency unit to be constructed in compliance with Iocaldevelopment standards. Accessory dwellinq units shall not be required to provide fire sprinklers if they are notrequired for the primary residence.(d) Notwithstandinq any other law, a local agency,, whether or not it has adopted an ordinance qoverning accessorydwellinq units in accordance with subdivision (a). shall not impose parkinq standards for an accessory dwelling unitin any of the following instances:(1 ) The accessory dwelling unit is located within one-half mile of public transit.(2) The accessory dwellinq unit is Iocated within an architecturally and historically significant historic district.(3) The accessory dwellinq unit is part of the existinq primary residence or an existing accessory structure.(4) When on-street parking permits are required but not offered to the occupant of the accessory dwellinq unit.(5) When there is a car share vehicle located within one block of the accessory dwellinq unit.(e)9':arkipn rnni iiromnptr fnr A nl Ir cha:ill pri+ pyrnnrl mh naidriqn rnyri nrir i ini+ nr riar horlrririm Arlrli+iriazl ria:irkiari'-" " ia - ' -s-r-
i-6-v--q?n-s-vv-s.-,m**i he reriiiirsrl nrriirirlorl thit * fiprlipri ir q*r!. fhit +ho irlrli+iriqql nqrkinri reri?mop+r 2CQ rl:rwtl*r rrihtprl tn +bri21
i ire rif +ha Arll l inrl i> rnprir+rinf iari+h mir+igri nhirihhrirbririrl rfiprhrrlr inrilirihln fri oyirfinri rliniJigrir ()ff rtrnntnirkiqq rbqll bp normi+tprl iq rptt>*rk *raa'ir iq Inrqtiripr rlptormiphrl hm thp Inril inpprsr rir thrru iqh hpdom nqrkipniinlprr rnririfir fiqrlipnr qrn mirln thi+ nqrkipn in rn+hairk qrnir rir tiprlpgi nirkipri ir prit friirihlri hirnrl iinnprnorifir ri+n rir rririiripql frinnririntiir"il rir firn inrl Iifri riTnt*i rnprli+iripr rir thit i+ ir nrf nnmittorl ipitiiihprn slrh ipt!:ie ji irirdirtiep Notwithstandinq subdivisions (a) to (d), inclusive, a local aqency shall ministerially approve anapplication for a buildinq permit to create within a sinqle-family residential zone one accessory dwellinq unit persinqle-family /ot if the unit is contained within the existinq space of a sinqle-family residence or accessory structure.has independent exterior access from the existinq residence, and the side and rear setbacks are sufficient for firesafety. Accessory dwellinq units shall not be required to provide fire sprinklers if they are not required for theprimary residence.(f) {jl Fees charged for the construction of ?accessory dwellinq units shall be determined in accordancewith Chapter s (commencing with Section? 66000) and Chapter 7 (commencinq with Section 66012).(2) Accessory dwellinq units shall not be considered new residential uses for the purposes of calculatinq localaqency connection fees or capacity charqes for utilities, includinq water and sewer service.(A) For an accessory dwelling unit described in subdivision (e), a local aqency shall not require the applicant toinstall a new or separate utility connectjon directly between the accessory dwellinq unit and the utHity or impose arelated connection fee or capacity charqe.(B) For an accessory dwelling unit that is not described in subdivision (e), a local aqency may require a new orseparate utility connection directly between the accessory dwellinq unit and the utility. Consistent with Section66013, the connection may be subiect to a connection fee or capacity charqe that shall be proportionate to theburden of the proposed accessory dwellinq unit, based upon either its size or the number of its plumbinq fixtures,upon the water or sewer system. This fee or charqe shall not exceed the reasonable cost of providinq this service.(g) This section does not Iimit the authority of Iocal agencies to adopt less restrictive requirements for the creationof ? an accessory dwelling unit.(h) Local agencies shall submit a copy of the ? ordinance adopted pursuant to subdivision (a) e?tothe Department of Housing and Community Development within 60 days after adoption.(i) As used in this section, the following terms mean:(1 ) "Living area-2- area" means the interior habitable area of a dwelling unit including basements and attics but doesnot include a garage or any accessory structure.(2) "Local agency" means a city, county, or city and county, whether general Iaw or chartered.(3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5.(4) ?"Accessory dwelling unit" means an attached or a detached residential dwelling unit which providescomplete independent living facilities for one or more persons. It shall include permanent provisions for Iiving,sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. ?Anaccessory dwellinq unit also includes the following:(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.(5) "Passaqeway" means a pathway that is unobstructed clear to the sky and extends from a street to one entranceof the accessory dwellinq unit.22
(j) Nothing in this section shall be construed to supersede or in any way alter or Iessen the effect or application ofthe California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), exceptthat the Iocal government shall not be required to hold public hearings for coastal development permit applicationsfor ?accessory dwellinq units.Government Code Section 65852.22.(a) Notwithstandinq Section 65852. 2, a local aqency may, by ordinance, provide for the creation of iunioraccessory dwellinq units in sinqle-family residential zones. The ordinance may require a permit to be obtained forthe creation of a iunior accessory dwellinq unit, and shall do a// of the following:(1 ) Limit the number of iunior accessory dwellinq units to one per residential lot zoned for sinqle-family residenceswith a sinqle-family residence akeady built on the lot.(2) Require owner-occupancy in the single-family residence in which the iunior accessory dwelling unit will bepermitted. The owner may reside in either the remaininq portion of the structure or the newly created iunioraccessory dwellinq unit. Owner-occupancy shall not be required if the owner is another qovernmental aqency,, landtrust, or housinq orqanization.(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permittinqaqency?, and shall include both of the followinq:(A) A prohibition on the sale of the iunior accessory dwellinq unit separate from the sale of the sinqle-familyresidence, including a statement that the deed restriction may be enforced aqainst future purchasers.(B) A restriction on the size and attributes of the iunior accessory dwellinq unit that conforms with this section.(4) Require a permitted iunior accessory dwellinq unit to be constructed within the existinq walls of the structure,and require the inclusion of an existinq bedroom.(5) Require a permitted iunior accessory dwellinq to include a separate entrance from the main entrance to thestructure, with an interior entry to the main livinq area. A permitted iunior accessory dwellinq may include a secondinterior doorway for sound attenuation.(6) Require the permitted iunior accessory dwelling unit to include an efficiency kitchen, which shall include all ofthe following:(A) A sink with a maximum waste line diameter of 1.5 inches.(B) A cookinq facility with appliances that do not require electrical service qreater than 120 volts, or natural orpropane qas.(C) A food preparation counter and storaqe cabinets that are of reasonable size in relation to the size of the iunioraccessory dwellinq unit.(b) (1 ) An ordinance shall not require additional parking as a condition to qrant a permit.(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, includinq the imposition ofa fee for that inspection. to determine whether the iunior accessory dwellinq unit is in compliance with applicablebuilding standards.(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any localordinance regulatinq the issuance of variances or special use permits, be considered ministerially, withoutdiscretionary review or a hearinq. A permit shall be issued within 120 days of submission of an application for a23
permit pursuant to this section. A Iocal aqency may charqe a fee to reimburse the local aqency for costs incurred inconnection with the issuance of a permit pursuant to this section.(d) For the purposes of any fire or life protection ordinance or requlation, a iunior accessory dwellinq unit shall notbe considered a separate or new dwellinq unit. This section shall not be construed to prohibit a city county cityand county or other local public entity from adoptinq an ordinance or requlation relatinq to fire and life protectionrequirements within a sinqle-family residence that contains a iunior accessory dwellinq unit so lonq as theordinance or requlation applies uniformly to all sinqle-family residences within the zone reqardless of whether thesinqle-family residence includes a iunior accessory dwellinq unit or not.(e) For the purposes of providinq service for water, sewer, or power, includinq a connection fee, a iunior accessorydwelling unit shall not be considered a separate or new dwellinq unit.(f) This section shall not be construed to prohibit a local aqency from adoptinq an ordinance or requlation, relatedto parking or a service or a connection fee for water, sewer, or power, that applies to a sinqle-family residence thatcontains a iunior accessory dwellinq unit, so lonq as that ordinance or requlation applies uniformly to all sinqle-family residences reqardless of whether the sinqle-family residence includes a iunior accessory dwellinq unit.(g) For purposes of this section, the followinq terms have the followinq meaninqs:(1 ) "lunior accessory dwellinq unit" means a unit that is no more than 500 square feet in size and containedentirely within an existing sinqle-family structure. A iunior accessory dwellinq unit may include separate sanitationfacilities, or may share sanitation facilities with the existinq structure.(2) "Local agency" means a city county. or city and county,, whether qeneral law or chartered.24
Attachment 2: Sample ADU OrdinanceSection XXXIXXX: PurposeThis Chapter provides for accessory dwelling units on lots developed or proposed to be developed with single-family dwellings. Such accessory dwellings contribute needed housing to the community's housing stock. Thus,accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoningregulations and which enhances housing opportunities, including near transit on single family Iots.Section XXX2XXX: ApplicabilityThe provisions of this Chapter apply to all lots that are occupied with a single family dwelling unit and zonedresidential. Accessory dwelling units do exceed the allowable density for the lot upon which the accessorydwelling unit is located, and are a residential use that is consistent with the existing general plan and zoningdesignation for the Iot.Section XXX3XXX: Development StandardsAccessory Structures within Existing SpaceAn accessory dwelling unit within an existing space including the primary structure, attached or detached garage orother accessory structure shall be permitted ministerially with a building permit regardless of all other standardswithin the Chapter if complying with:1 . Building and safety codes2. Independent exterior access from the existing residence3.Sufficient side and rear setbacks for fire safety.Accessory Structures (Attached and Detached)General:1.2.3.4.s.6.7.8.g.The unit is not intended for sale separate from the primary residence and may be rented.The lot is zoned for residential and contains an existing, single-family dwelling.The accessory dwelling unit is either attached to the existing dwelling or detached from the existingdwelling and Iocated on the same lot as the existing dwelling.The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existingIiving area, with a maximum increase in floor area of 1 ,200 square feet.The total area of floor space for a detached accessory dwelling unit shall not exceed 1 ,200 square feet.Local building code requirements that apply to detached dwellings, as appropriate.No passageway shall be required in conjunction with the construction of an accessory dwelling unit.No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and asetback of no more than five feet from the side and rear lot Iines shall be required for an accessorydwelling unit that is constructed above a garage.Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for theprimary residence and may employ alternative methods for fire protection.Parking:1.2.Parking requirements for accessory dwelling units shall not exceed one parking space per unit or perbedroom. These spaces may be provided as tandem parking, including on an existing driveway or insetback areas, excluding the non-driveway front yard setback.Parking is not required in the following instances:@The accessory dwelling unit is Iocated within one-half mile of public transit, including transitstations and bus stations.25
The accessory dwelling unit is Iocated in the WWWW Downtown, XXX Area, YYY Corridor andZZZ Opportunity Area.The accessory dwelling unit is located within an architecturally and historically significant historicdistrict.When on-street parking permits are required but not offered to the occupant of the accessorydwelling unit.*When there is a car share vehicle Iocated within one block of the accessory dwelling unit.3. Replacement Parking: When a garage, carport, or covered parking structure is demolished or converted inconjunction with the construction of an accessory dwelling unit, replacement parking shall not be requiredand may be located in any configuration on the same lot as the accessory dwelling unit.**Section XXX4XXX: Permit RequirementsADUs shall be permitted ministerially, in compliance with this Chapter within 120 days of application. TheCommunity Development Director shall issue a building permit or zoning certificate to establish an accessorydwelling unit in compliance with this Chapter if all applicable requirements are met in Section XXX3XXXXX, asappropriate. The Community Development Director may approve an accessory dwe!ling unit that is not incompliance with Section XXX3XXXX as set forth in Section XXX5XXXX. The XXXX Health Officer shall approvean application in conformance with XXXXXX where a private sewage disposal system is being used.Section XXX5XXX: Review Process for Accessory Structure Not Complying withDevelopment StandardsAn accessory dwelling unit that does not comply with standards in Section XXX3XX may permitted with a zoningcertificate or an administrative use permit at the discretion of the Community Development Director subject tofindings in Section XXX6XXSection XXX6XXX: FindingsA. In order to deny an administrative use permit under Section XXX5XXX, the Community Development Directorshall find that the Accessory Dwelling Unit would be detrimental to the public health and safety or would introduceunreasonable privacy impacts to the immediate neighbors.B. In order to approve an administrative use permit under Section XXX5XXX to waive required accessory dwellingunit parking, the Community Development Director shall find that additional or new on-site parking would bedetrimental, and that granting the waiver will meet the purposes of this Chapter.Section XXX7XXX: Definitions(1 ) "Living area means the interior habitable area of a dwelling unit including basements and attics but does notinclude a garage or any accessory structure.(2) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides completeindependent Iiving facilities for one or more persons. It shall include permanent provisions for Iiving, sleeping,eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessorydwelling unit also includes the following:(A) An efficiency unit, as defined in Section "I 7958.1 of Health and Safety Code.(B) A manufactured home, as defined in Section 1 8007 of the Health and Safety Code.(3) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entranceof the accessory dwelling unit.26
(4) (1 ) "Existing Structure" for the purposes of defining an allowable space that can be converted to an ADU meanswithin the four walls and roofline of any structure existing on or after January 1 , 2017 that can be made safelyhabitable under local building codes at the determination of the building official regardless of any non-compliancewith zoning standards.27
Attachment 3: Sample JADU Ordinance(Lilypad Homes at j2fjp://IHypadhomes.orq/IDraft Junior Accessory Dwelling Units (JADU) - Flexible HousingFindings:1 . Causation: Critical need for housing for Iower income families and individuals given the high cost of Iiving andIow supply of affordable homes for rent or purchase, and the difficulty, given the current social and economicenvironment, in building more affordable housing2. Mitigation: Create a simple and inexpensive permitting track for the development of junior accessory dwellingunits that allows spare bedrooms in homes to serve as a flexible form of infill housing3. Endangerment: Provisions currently required under agency ordinances are so arbitrary, excessive, orburdensome as to restrict the ability of homeowners to Iegally develop these units therefore encouraginghomeowners to bypass safety standards and procedures that make the creation of these units a benefit to thewhole of the community4. Co-Benefits: Homeowners (particularly retired seniors and young families, groups that tend to have the Iowestincomes) - generating extra revenue, allowing people facing unexpected financial obstacles to remain in theirhomes, housing parents, children or caregivers; Homebuyers - providing rental income which aids in mortgagequalification under new government guidelines; Renters - creating more low-cost housing options in thecommunity where they work, go to school or have family, also reducing commute time and expenses;Municipalities - helping to meet RHNA goals, increasing property and sales tax revenue, insuring safetystandard code compliance, providing an abundant source of affordable housing with no additionalinfrastructure needed; Community - housing vital workers, decreasing {raffic, creating economic growth both inthe remodeling sector and new customers for Iocal businesses; Planet - reducing carbon emissioris, usingresources more efficiently;s. Benefits of Junior ADUs: offer a more affordable housing option to both homeowners and renters, creatingeconomically healthy, diverse, multi-generational communities;Therefore the following ordinance is hereby enacted:This Section provides standards for the establishment of junior accessory dwelling units, an alternative to thestandard accessory dwelling unit, permitted as set forth under State Law AB 1866 (Chapter 1062, Statutes of2002) Sections 65852. 150 and 65852.2 and subject to different provisions under fire safety codes based on thefact that junior accessory dwelling units do not qualify as "complete independent Iiving facilities" given that theinterior connection from the junior accessory dwelling unit to the main Iiving area remains, therefore not redefiningthe single-family home status of the dwelling unit.A) Development Standards. Junior accessory dwelling units shall comply with the following standards, includingthe standards in Table below:1 ) Number of Units Allowed. Only one accessory dwelling unit or, junior accessory dwelling unit, may beIocated on any residentially zoned lot that permits a single-family dwelling except as otherwise regulated orrestricted by an adopted Master Plan or Precise Development Plan. A junior accessory dwelling unit mayonly be Iocated on a lot which already contains one Iegal single-family dwelling.2) Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as aprincipal residence either the primary dwelling or the accessory dwelling, except when the home is held byan agency such as a Iand trust or housing organization in an effort to create affordable housing.3) Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling onthe parcel.28
4) Deed Restriction: A deed restriction shall be completed and recorded, in compliance with Section B below.5) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit must be created within theexisting walls of an existing primary dwelling, and must include conversion of an existing bedroom.6) Separate Entry Required: A separate exterior entry shall be provided to serve a junior accessory dwellingunit.7) Interior Entry Remains: The interior connection to the main Iiving area must be maintained, but a seconddoor may be added for sound attenuation.8) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, requiring andIimited to the following components:a) A sink with a maximum waste Iine diameter of one-and-a-half (1 .5) inches,b) A cooking facility with appliance which do not require electrical service greater than one-hundred-and-twenty (120) volts or natural or propane gas, andc) A food preparation counter and storage cabinets that are reasonable to size of the unit.9) Parking: No additional parking is required beyond that required when the existing primary dwelling wasconstructed.Development Standards for Junior Accessory Dwelling Unitsl SITE OR DESIGN FEATURErMaximum unit sizerSetbacks[ParkingSffE AND DESIGN STANDARDS500 square feetAs required for the primary dwelling unitNo additional parking requiredil11B) Deed Restriction: Prior to obtaining a building permit for a junior accessory dwelling unit, a deed restriction,approved by the City Attorney, shall be recorded with the County Recorder's office, which shall include thepertinent restrictions and limitations of a junior accessory dwelling unit identified in this Section. Said deedrestriction shall run with the Iand, and shall be binding upon any future owners, heirs, or assigns. A copy of therecorded deed restriction shall be filed with the Department stating that:1 ) The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit;2) The junior accessory dwelling unit is restricted to the maximum size allowed per the developmentstandards;3) The junior accessory dwelling unit shall be considered Iegal only so long as either the primary residence,or the accessory dwelling unit, is occupied by the owner of record of the property, except when the home isowned by an agency such as a Iand trust or housing organization in an effort to create affordable housing;4) The restrictions shall be binding upon any successor in ownership of the property and Iack of compliancewith this provision may result in Iegal action against the property owner, including revocation of any right tomaintain a junior accessory dwelling unit on the property.C) No Water Connection Fees: No agency should require a water connection fee for the development of a junioraccessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standardmay be assessed.D) No Sewer Connection Fees: No agency should require a sewer connection fee for the development of a junioraccessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard29
may be assessed.E) No Fire Sprinklers and Fire Attenuation: No agency should require fire sprinkler or fire attenuationspecifications for the development of a junior accessory dwelling unit. An inspection fee to confirm that thedwelling unit complies with development standard may be assessed.Definitions of Specialized Terms and Phrases."Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides completeindependent Iiving facilities for one or more persons. It shall include permanent provisions for Iiving, sleeping,eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling.unit also includes the following:(1 ) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.(2) A manufactured home, as defined in Section 1 8007 of the Health and Safety Code."Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirelywithin an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities,or may share sanitation facilities with the existing structure.30
Attachment 4: State Standards Checklist (As of January 1 , 2017)iYES/NOSTATE STANDARD"Unit is not intended for sale separate from the primary residence and may berented.Lotiszonedforsingle-familyormultifamilyuseandcontainsanexisting,single- ',65852.2(a)(1%D))ii)family dwelling.Accessory dwelling unit is either attached to the existing dwelling or Iocated within '. 65852.2(a)(1 %D)(iiithe Iiving area of the existing dwelling or detached from the existing dwelling and l )Iocated on the same Iot as the existing dwelling.Increasedfloorareaofanattachedaccessorydwellingunitdoesnotexceed50 1,65852.2(a%1%D)(ivpercent of the existing living area, with a maximum increase in floor area of 1 ,200 ', )square feet.Totalareaoffloorspaceforadetachedaccessorydwellingunitdiesnotexceed 'i65852.2(a)(1)(D)(v)1 ,200 square feet.Passageways are not required in conjunction with the construction of an65852.2(a)(1 )(D)(viaccessory dwelling unit.)Setbacks are not required for an existing garage that is converted to an accessoryi 65852.2(a)(1 %D)(vidwelling unit, and a setback of no more than five feet from the side and rear Iot '. i)Iines are not required for an accessory dwelling unit that is constructed above agarage.(Local building code requirements that apply to detached dwellings are met, as i 65852.2(a)( 1 %D%viappropriate.Localhealthofficerapprovalwhereaprivatesewagedisposalsystemisbeing ?'65852.2(a)(1%D)(ixused, if required.)Parking requirements do not exceed one parking space per unit or per bedroom. i 65852.2(a%l %D)(x)These spaces may be provided as tandem parking on an existing driveway.' Other requirements may apply. See Government Code Section 65852.2GOVERNMENT lCODE SECTION I65852.2(a)(1 )(D)(i)llllllI:31
Attachment s: BibliographyReportsACCESSORY DWELLING UNITS: CASE STUDY (26 pp.)By United States Department of Housing and Urban Development, Office of Policy Development and Research.(2008)Introduction: Accessory dwelling units (ADUs) - also referred to as accessory apartments, ADUs, or granny flats- are additional living quarters on single-family Iots that are independent of the primary dwelling unit. Theseparate living spaces are equipped with kitchen and bathroom facilities, and can be either attached or detachedfrom the main residence. This case study explores how the adoption of ordinances, with reduced regulatoryrestrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the varioustypes of ADUs and their benefits, this case study provides examples of municipalities with successful ADUlegislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits ofAccessory Dwelling Units; and Examples of ADU Ordinances and Programs.THE MACRO VIEW ON MICRO UNITS (46 pp.)By Bill Whitlow, et al. - Urban Land Institute (2014)Library Call #: H43 4.21 M33 2014The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.RESPONDING TO CHANGING HOUSEHOLDS: Regulatory Challenges for Micro-units and AccessoryDwelling Units (76 pp.)By Vicki Been, Benjamin Gross, and John lnfranca (2014)New York University: Furman Center for Real Estate & Urban PolicyLibrary Call # D55 3 147 2014This White Paper fills two gaps in the discussion regarding compact units. First, we provide a detailed analysis ofthe regulatory and other challenges to developing both ADUs and micro-units, focusing on five cities: New York;Washington, DC; Austin; Denver; and Seattle. That analysis will be helpful not only to the specific jurisdictions westudy, but also can serve as a model for those who what to catalogue regulations that might get in the way of thedevelopment of compact units in their own jurisdictions. Second, as more Iocal governments permit or encouragecompact units, researchers will need to evaluate how well the units built serve the goals proponents claim they will.SCALING UP SECONDARY UNIT PRODUCTION IN THE EAST BAY: Impacts and Policy Implications(25pp.)By Jake Webmann, Alison Nemirow, and Karen Chapple (2012)UC Berkeley: Institute of Urban and Regional Development (IURD)LibraryCall#H44Ll S332012This paper begins by analyzing how many secondary units of one particular type, detached backyard cottages,might be built in the East Bay, focusing on the Flatlands portions of Berkeley, EI Cerrito, and Oakland. We theninvestigate the potential impacts of scaling up the strategy with regard to housing affordability, smart growth,alternative transportation, the economy, and city budgets. A final section details policy recommendations, focusingon regulatory reforms and other actions cities can take to encourage secondary unit construction, such aspromoting carsharing programs, educating residents, and providing access to finan'ce.32
SECONDARY UNITS AND URBAN INFILL: Aliterature Review (12 pp.)By Jake Wegmann and Alison Nemirow (2011 )UC Berkeley: IURDLibrary Call # D44 4.21 S43 2011This Iiterature review examines the research on both infill development in general, and secondary units inparticular, with an eye towards understanding the similarities and differences between infill as it is moretraditionally understood - i.e., the development or redevelopment of entire parcels of Iand in an already urbanizedarea - and the incremental type of infill that secondary unit development constitutes.YES, BUT WILL THEY LET US BUILD? The Feasibility of Secondary Units in the East Bay (17 pp.)By Alison Nemirow and Karen Chapple (2012)UC Berkeley: IURDLibrary Call # H44.5 1.1 Y47 2012This paper begins with a discussion of how to determine the development potential for secondary units, and thenprovides an overview of how many secondary units can be built in the East Bay of San Francisco Bay Area undercurrent regulations. The next two sections examine key regulatory barriers in detail for the five cities in the study(Albany, Berkeley, EI Cerrito, Oakland, and Richmond), Iooking at lot size, setbacks, parking requirements, andprocedural barriers. A sensitivity analysis then determines how many units could be built were the regulations to berelaxed.YES IN MY BACKYARD: Mobilizinq the Market for Secondary Units (20 pp.)By Karen Chapple, J. Weigmann, A. Nemirow, and C. Dentel-Post (2011 )uC Berkeley: Center for Community Innovation.LibraryCall#B92 1.1 Y472011This study examines two puzzles that must be solved in order to scale up a secondary unit strategy: first, how cancity regulations best enable their construction? And second, what is the market for secondary units? Becauseparking is such an important issue, we also examine the potential for secondary unit residents to rely on alternativetransportation modes, particular car share programs. The study Iooks at five adjacent cities in the East Bay of theSan Francisco Bay Area (Figure 1 )-Oakland, Berkeley, Albany, EI Cerrito, and Richmond-focusing on theareas within !/i mile of five Bay Area Rapid Transit (BART) stations.Journal Articles and Working Papers:BACKYARD HOMES LA (17 pp.)By Dana Cuff, Tim Higgins, and Per-Johan Dahl, Eds. (2010)Regents of the University of California, Los Angeles.City Lab Project Book.DEVELOPING PRIVATE ACCESSORY DWELLINGS (6 pp.)By William P. Macht. Urbanland online. (June 26, 2015)Library Location: Urbanland 74 (3/4) March/April 201 s, pp. 1 54-161 .33
GRANNY FLATS GA?NING GROUND (2 pp.)By Brian Barth. Planning Magazine: pp. 16-17. (April 2016)Library Location: Serials"HIDDEN" DENSITY: THE POTENTIAL OF SMALL-SCALE INFILL DEVELOPMENT (2 pp )By Karen Chapple (201 1 )UC Berkeley: IURD Policy Brief.Library Call # D44 1 .2 H53 2011California's implementation of SB 375, the Sustainable Communities and Climate Protection Act of 2008, is puttingnew pressure on communities to support infill development. As metropolitan planning organizations struggle tocommunicate the need for density, they should take note of strategies that make increasing density an attractivechoice for neighborhoods and regions.HIDDEN DENSITY IN SINGLE-FAMILY NEIGHBORHOODS: Backyard cottages as an equitable smartgrowth strategy (22 pp.)By Jake Wegmann and Karen Chapple. Journal of Urbanism 7(3): pp. 307-329. (2014)Abstract (not available in full text): Secondary units, or separate small dwellings embedded within single-familyresidential properties, constitute a frequently overlooked strategy for urban infill in high-cost metropolitan areas inthe United States. This study, which is situated within California's San Francisco Bay Area, draws upon datacollected from a homeowners' survey and a Rental Market Analysis to provide evidence that a scaled-up strategyemphasizing one type of secondary unit - the backyard cottage - could yield substantial infill growth with minimalpublic subsidy. In addition, it is found that this strategy compares favorably in terms of affordability with infill of thesort traditionally favored in the 'smart growth' Iiterature, i.e. the construction of dense multifamily housingdevelopments.RETHINK?NG PRIVATE ACCESSORY DWELLINGS (5 pp.)By William P. Macht. Urbanland online. (March 6, 2015)Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91 .ADUS AND LOS ANGELES' BROKEN PLANNING SYSTEM (4 pp.)By CARLYLE W. Hall. The Planning Report. (April 26, 201 6).Land-use attorney Carlyle W. Hall comments on building permits Tor accessory dwelling units.News:HOW ONE COLORADO CITY INSTANTLY CREATED AFFORDABLE HOUSINGBy Anthony Flint. The Atlantic-CityLab. (May 17, 2016).In Durango, Colorado, zoning rules were changed to allow, for instance, non-family members as residents inalready-existing accessory dwelling units.NEW HAMPSHIRE WINS PROTECTIONS FOR ACCESSORY DWELLING UNITS (1 p.)NLIHC (March 28, 2016)Affordable housing advocates in New Hampshire celebrated a significant victory this month when GovernorMaggie Hassan (D) signed Senate Bill '146, Iegislation that allows single-family homeowners to add an accessory34
dwelling unit as a matter of right through a conditional use permit or by special exception as determined by theirmunicipalities. The bill removes a significant regulatory barrier to increasing rental homes at no cost to taxpayers.NEW IN-LAW SUITE RULES BOOST AFFORDABLE HOUSING IN SAN FRANCISCO. (3 pp.)By Rob Poole. Shareable. (June 10, 2014).The San Francisco Board of Supervisors recently approved two significant pieces of Iegislation that supportaccessory dwelling units (ADUs), also known as "in-law" or secondary units, in the city...USING ACCESSORY DWELLING UNITS TO BOLSTER AFFORDABLE HOUSING (3 pp.)By Michael Ryan. Smart Growth America. (December 12, 2014).35
Attachrnent # 9m'rsl'i!'iAla-A'aQ?WmmsmmmSTACCl!$%,!f,J#?San Tomas Area Community Coalitionp.o. Box 320663Los Gatos CA 95032408.410.6528 phoneinfo @ staccna.orghttp : / / staccna.orgCity of Campbell7o N. First Streetcampbell CA g5oo8September 26, 2017Attn: City Council MembersBrian Loventhal, City ManagerPaul Kermoyan, Director Community Development DepartmentDaniel Fama, Senior PlannerAlex Keyser, ApplicantSubj: AccessoryDwellingUnits,AppealofPlanningDecisionfor (PLN2017-210 - 1363 Capri Dr)Dear City Council and Staff:STACC members have reviewed the appeal (PLN2017-210) for a conversion of anAccessory Structure, to an Accessory Dwelling Unit (ADU). There are a number ofconditions to consider as it applies to this particular structure, and we believe the viewsof both the home owner and the city staff are well documented in the appeal.As a landmark case, it does bring up points that should be considered for future requestsof this nature. We have the following recommendations and observations.Multi-Use Garage Conversion: This is the first unit to be considered under the newstate requirements allowing "garage conversions" to ADUs and brings up theconsideration for future applicants of what portion of an existing garage can beconverted to an ADU (Accessory Dwelling Unit, aka Granny Unit),In the area defined by the San Tomas Area Neighborhood Plan we have a large numberof structures that were built as garages, garages with workshop areas, and even carriagehouses with storage spaces probably used as tack rooms. Having reviewed the AccessoryDwelling memorandum published by the State of California (http:/ /www.hcd.ca.gov/policy-research/docs/xoi6-ix-iz-ADU-TA-Memo.docx.pdf), on page z3 (Attached) itdiscusses not only the conversion of garages, but of existing Accessory Spaces intoTogether we STACC the odds to fight for our Neighborhoods
PLN2017-210 - i363 Capri DrSTACC Page 2 of 3ADUs. This statement clearly includes uses other than that of garage as acceptable forconversion to an ADU."Are ADUs Permitted in Existing Residence or Accessory Space?Simply, where a single family residence or accesso.ty structure exists in any singlefamily residential zone, so can an ADU. The purpose is to streamline and expandpotential for ADUs where impact is minimal and the existing footprint is notbeing increased. Zoning requirements are not a basis for denying a ministerialbuilding permit for an ADU, including non-conforming lots or structures. Thephrase, ".. .within the existing space" includes areas within a primary home orwithin an attached or detached accessory structure such as a garage, a carriagehouse, a pool house, a rear yard studio and similar enclosed structures. "The existence of space within a garage for uses such as workshop, art studio, laundry,and other uses suited to the homeowners needs, should not preclude the structure frombeing converted to an ADU. Other cities and counties, Santa Cruz being one, 'rmechosen to set the definition for conversion to"Only structures that were constructedlegally may be converted to a Conversion AD[?J". This applicant has proven that thisstructure was constructed legally, and has provided a copy of the original permit.The heart and soul of the new ADU rules as defined by the State of California is toincrease housing while still allowing areas such as Campbell's San Tomas Area, andcommunities such as our Coastal and Rural areas to maintain their character and feel.In fact, in many ways, this is taking us back to Campbells rural roots, keeping ourfamilies together on the same properly. Not only do these conversions give us additionalhousing, they encourage us to keep and develop ties to each other and to ourcommunity.The definition of "Garage" cannot and should not preclude the additional uses of thisspace for other activities. The conversion of a legally built space into an ADU, no matterit's use, cannot be thwarted as defined by the State of California.We urge you to vote to approve the applicants appeal (PLN2017-210) for a conversion ofan Accessory Structure, to an Accessory Dwelling Unit (ADU). It's the right thing to dofor the both the applicant and the residents of Campbell.Best regards,Audrey Kiehtreiber, PresidentTogether we STACC the odds to fight for our Neighborhoods
PLN2017-210 - i363 Capri DrSTACC Page 3 of 3but not Iimited to, covered spaces, uncovered spaces, or tandem spaces, or...." Configuration can be applied in aflexible manner to not burden the creation of ADUs. For example, spatial configurations like tandem on existingdriveways in setback areas or not requiring excessive distances from the street would be appropriate.Are ADUs Permitted in Existing Residence or Accessory Space?Yes, ADUs Iocated in single family residential zones and existing space of a single family residence or accessorystructure must be approved regardless of zoning standards (Section 65852.2(a)(1 )(B)) for ADUs, includingIocational requirements (Section 65852.2(a)(1 )(A)), subject to usual non-appealable ministerial building permitrequirements. For example, ADUs in existing space does not necessitate a zoning clearance and must not belimited to certain zones or areas or subject to height, lot size, Iot coverage, unit size, architectural revievv,Iandscape ot parking requirements. Simply, where a single family residence or accessory structure exists in anysingle family residential zone, so can an ADU. The purpose is to streamline and expand potential for ADUs whereimpact is minimal and the existing footprint is not being increased.Zoning requirements are not a basis for denying a ministerial building permit for an ADU, including non-conformingIots or structures. The phrase, "..within the existing space" includes areas within a primary home or within anattached or detached accessory structure such as a garage, a carriage house, a pool house, a rear yard studioand similar enclosed structures.Are Owner Occupants Required?No, however, a Iocal government can require an applicant to be an owner occupant. The owner may reside in theprimary or accessory structure. Local governments can also require the ADU to not be used for short term rentals(terms Iesser than 30 days). Both owner occupant use and prohibition on short term rentals can be required on thesame property. Local agencies which impose this requirement should require recordation of a deed restrictionregarding owner occupancy to comply with GC Section 27281 .5Are Fire Sprinklers Required for ADUs?Depends, ADUs shall not be required to provide fire sprinklers if they are not or were not required of the primatyresidence. However, sprinklers can be required for an ADU if required in the primary structure. For example, if theprimary residence has sprinklers as a result of an existing ordinance, then sprinklers could be required in the ADu.Alternative methods for fire protection could be provided.If the ADU is detached from the main structure or new space above a detached garage, applicants can beencouraged to contact the Iocal fire jurisdiction for information regarding fire sprinklers. Since ADUs are a uniqueopportunity to address a variety of housing needs and provide affordable housing options for family members,students, the elderly, in-home health care providers, the disabled, and others, the fire departments want to ensurethe safety of these populations as well as the safety of those living in the primary structure. Fire Departments canhelp educate property owners on the benefits of sprinklers, potential resources and how they can be installed costeffectively. For example, insurance rates are typically s to 10 percent Iower where the unit is sprinklered. Finally,other methods exist to provide additional fire protection. Some options may include additional exits, emergencyescape and rescue openings, 1 hour or greater fire-rated assemblies, roofing materials and setbacks from proper}ylines or other structures.13Together we STACC the odds to fight for our Neighborhoods
September 20, 2017Honorable Mayor & City Council MembersCity of Campbell70 North First Streetcampbell, CA 95008RE: Appeal of Director's Interpretation of ADU Ordinance - 1363 Capri DriveDear Mayor Gibbons & Council Members:I was surprised to learn that both the staff and Planning Commission had denied an ADU permit given therecent changes to both state and Iocal laws.While this particular case is important to get right, it is equally important that future applicants for ADUsare treated fairly and consistently with both the state and Iocal laws concerning ADUs. The City's HousingElement explicitly encourages new ADUs. The city's new ADU ordinance allows for the conversion ofexisting garages with approval of a Building Permit, consistent with the new state Iaws (AB 2299 and SB1069).It is important to know that State Iaw does not support the staffinterpretation and the PlanningCommission"s decision on August 22, 2017:*The building was permitted as a garage in 1956 and it was used as a garage. State law does notrequire that the garage be in continuous use in order to qualify for conversion. The staff isimposing an interpretation or definition of a "garage" that has no foundation in the law.*The fact that a second garage was built in a more convenient location on the property to betterserve the property owners is an asset to the property and does not disqualify the original permittedgarage under the law.*There is nothing in the Iaw that requires an existing permitted garage to be of a certainconstruction quality to qualify for conversion to an ADU. It is only required to be retrofitted tosatisfy current codes for habitable space. Once again, the staff is imposing an interpretation of thelaw where no basis exists.Additionally, the zoning code requirement (21.23.040.B) that the entire garage be converted to an ADUdoes not seem to serve any purpose and is inconsistent with the City policies and state laws meant toencourage ADUs. l would urge the City Council to reconsider this requirement.Sincerely,/'-'7Geoff 1. Bradleycampbellzone@gmail.com408.603.0072