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HomeMy WebLinkAbout39 - PH-2 - Attachment 4 - 1/2/2018Table of Contents Understanding s and Their Importance :.... ................................................................................. Summary of Recent Changes to AccessoryDwelling nit Laws ..................................................... 3 Frequently AskedQuestions: Accessory Dwelling Units ................................................................. 7 Should an Ordinance Encourage the Development of ADUs?............. ... ..........:..:................... ...... 7 Are Existing Ordinances Null and Void?................................................::.......::e:.,.:::.;:,,....:;:....,. 7 Are Local Governments Required to Adopt an Ordinance?:.::....:...: . ....::::......:,::;..:.,.., ..,,.::4:...... Can a Local Government Preclude ADUs? ....,..:, ,.....:::..:.::............ :.................. ....................... 8 Can a Local Government Apply Development Standards and Designate Areas?............, ......:e....,. 8 Can a Local Government Adopt Less Restrictive Requirements? .... . ....:::. ....:::.:..,,..:::.,.... Can Local Governments Establish Minimum and Maximum Unit Sizes? ..;;:....::.,:.:: ....::........:;,..... Can ADUs Exceed General Plan and Zoning Densities?....... ................. . ....:...: .......::......:. ...... How Are Fees Charged to ADUs?................................................................ ...::.:..:.......:.,.....:..... 11 What Utility Fee Requirements Apply to ADUs.................. .................:::.....,:.......:;., ... 11 What Utility Fee Requirements Apply to Non -City and County Service Districts?......... 11 Do Utility Fee Requirements Apply to ADUs Within Existing Space? .. .... ........... ...................::.:.... 1 Does "Public Transit„ Include Within One-half Mile of a Bus Stop and Train Station? :.:..:.......:...... 11 Can Parking Be Required Where a Car Share is Available? .................:::.......:::..,..,................ 12 Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? ....:.......:........:...., 1 Is Covered Parking Required? ....,,:....................::.............,.........................................,.:......e;;..., 12 Is Replacement Parking Required When the Parking Area for the Primary Structure is Used for an ADU?........................................................................................................... ......:.:...::::,. ,...,..:..... 12 Are Setbacks Required When an Existing Garage is Converted to an ADU?................................. 12 Are ADUs Permitted in Existing Residence and Accessory Space?..... ... ...... 13 Are Owner Occupants Required?.................................................................................................. 13 Are Fire Sprinklers Required for ADUs?........................................................................... .......a:..:. 13 Is Manufactured Housing Permitted as an ADU?...... ...................................................... ..........:..0.-1 Can an Efficiency Unit Be Smaller than 220 Square Feet?.. ....... ...... ... 14 Does ADU Law Apply to Charter Cities and Counties?..... .......... ___ 14 Do ADUs Count toward the Regional Housing Need Allocation ........... ............ ,:,.,...,,......:::.... 1 Must Ordinances Be Submitted to the Department of Housing and Community Development?.... : 15 Frequently Asked Questions: Junior Accessory Dwelling Units ......................... 16 Is There a Difference between ADU and JADU°?..............a;:...........,....:n .:,......,....,,.. .....,.,-..... 16 Why Adopt a JADU Ordinance?.. .......::....:::......: ....... :.............:........ 17 Can JADUs Count towards The FMA? ........ ................... .......:....................... 17 Can the JAUU Be Sold Independent of the Primary Dwelling?...... ... .......... 17 Are JAUUs Subject to Connection and Capacity Fees? ....... , ...:: ....,:::: 17 Are There Requirements for Fire Separation and Fire Sprinklers? ..:....., 13 Resources:......... ........... .........- ...:............................................. ............................. 1 Attachment 1; Statutory Changes (Strikeout/Underline) .................... ...:..... .. ......... 19 Attachment : Sample ADU Ordinance:..:..........................................,.,.,.....,,.....,........,...........,..... 6 Attachment 3: Sample JADU Ordinance:............................................................... .4.................. .,.. g Attachment 4� State Standards Checklist . ....... ....................................... --...... ........... ................ .. 3 Attachment5. Bibliography .... --- ... .... -,...... ......................,.,.......................................... .... ........ 3 ADUs 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 land, major new infrastructure, structured parking, or elevators. ADUs are built with cost-effective one- or two-story wood frame construction, which is significantly less costly than homes in new multifamily infill buildings. ADUs can provide as much living space as the new apartments and condominiums being built in new infill buildings and serve very well for 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 professionals and students desire to live in areas close to jobs, amenities, and schools. The problem with high -opportunity areas is that space is limited. There is a shortage of affordable units and the units that are available can be out of reach for many people. To address the needs of individuals or small families seeking living quarters in high opportunity areas, homeowners can construct an ADU on their lot or convert an underutilized part of their home like a garage into a junior ADU. This flexibility benefits not just people renting the space, but the homeowner as well, who can receive an extra monthly rent income. ADUs give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place as they require more care and helping extended families to be near one another while maintaining privacy. Relaxed regulations and the cost to build an ADU make it a very feasible affordable housing option. A LIC Berkeley study noted that one unit of affordable housing in the Day Area costs about $500,000 to develop whereas an ADU can 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 within existing neighborhoods. ADUs are a powerful type of housing unit because they allow for different uses, and serve different populations ranging from students and young professionals to young families, people with disabilities and senior citizens. By design, ADUs are more affordable and can provide additional income to homeowners, local governments can encourage the development of ADUs and improve access to jobs, education and services for many Californians. Fees SB 1069 provides that ADUs shall not be considered new residential uses for the purpose of calculating utility connection fees or capacity charges; including water and sewer service. The bill prohibits a local agency from requiring an ADL1 applicant to install a new or separate utility connection or impose a related connection fee or capacity charge for ADUs are contained within an existing residence or accessory structure, For attached and detached ADUs, this fee or charge must be proportionate to the burden of the unit on the water or sewer system and may not exceed the reasonable cost of providing the service: Fire . Requirements SB 1069 provides that fire sprinklers shall not be required in an accessory unit if they are not required in the primary residence° ADUs within iti Local governments must ministerially approve an application to create within a single family residential zone one ADL1 per single family loft if the unit is: • contained within an existing residence or accessary 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 in all of these zones. No additional parking or other development standards can be applied except for building code requirements. No Total Prohibition SB 1069 prohibits a local government from adopting an ordinance that precludes ADUs. Generally, AS 2299 (Chapter 735, Statutes of 2016) requires a local government (beginning January 1, 2017) to ministerially approve ADUs if the unit complies with certain parking requirements, the maximum allowable size of an attached ADU, and setback requirements, as follows: • The unit is not intended for sale separate from the primary residence and maybe rented. • The lot is Maned for single-family or multifamily use and contains an existing, single-family dwelling. • The unit is either attached to an existing dwelling or located within the living area of the existing dwelling or detached and on the same lot. • The increased floor area of the unit does not exceed 50% of the existing living area, with a maximum increase in floor area of 1,200 square feet, • 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. • Compliance with local building code requirements. • Approval by the local health officer where private sewage disposal system is being used. Impact on ExistingAccessory elli nit Ordinances AS 2299 provides that any existing ADU ordinance that does not meet the bill's requirements is null and void upon the date the bill becomes effective. In such cases, a jurisdiction must approve accessory dwelling units based on Government Code Section 65852.2 until the jurisdiction adopts a compliant ordinance. AB 2240E,; AS 2406 (Chapter 7554 Statutes of 2016) creates more flexibility for housing options by authorizing local governments to permit junior accessory dwelling units (JADU) through an ordinances The bill defines JADUs to be a unit that cannot exceed 500 square feet and must be completely contained within the space of an existing residential structure. in addition, the bill requires specified components for a local JADU ordinance. Adoption of a JADU ordinance is optional. Required nents The ordinance authorized by AS 2406 must include the following requirements; • Limit to one JADU per residential lot zoned for single-family residences with a single-family residence already built on the lot: m The single-family residence in which the JADU is created or JADU must be occupied by the owner of the residence. • 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 limitations and other requirements of the JADU ordinance. • The JADU must be located entirely within the existing structure of the single-family residence and JADU have its own separate entrance. • The JADU must include an efficiency kitchen which includes a sink, cooking appliance, counter surface, and storage cabinets that meet minimum building code standards. No gas or 220V circuits are allowed. a The JADU may share a bath with the primary residence or have its own bath. Prohibited _ n,rpt This 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 utilities have already been accounted for in the original permit for the home. 5 Fire Safety Requirements AS 2406 clarifies that a JADU is to be considered part of the single-family residence for the purposes of fire and life protections ordinances and regulations, such as sprinklers and smoke detectors. The bill also requires life and protection ordinances that affect single-family residences to be applied uniformly to all single-family residences, regardless of the presence of a JADU. As part of the housing element portion of their general plan, local governments are required to identify sites with 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 JADU toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit which is fairly flexible. Local government count units as part of reporting to DOF. JADUs meet these definitions and this bill would allow cities and counties to earn credit toward meeting their RHNA allocations by permitting residents to create less costly accessory units. See additional discussion under JADU frequently asked questions, 6 Frequently Asked Questions: Accessory Dwelling Units Yes, ADU law and recent changes intend to address barriers, streamline approval and expand potential capacity for ells 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 Code Section 65852.150: (a) The Legislature finds and declares ,all of the following. (1) Accessory dwelling units are a valuable form of housing in California. () Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, 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 of security. (4) Allowing accessory dwelling units in single -family or multifamily residential zones provides additional rental housing stock in California. (5) California faces a severe housing crisis. (6) The state is falling far short of meeting current and future housing demand with serious consequences for the state's economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly tower and middle-income earners. (7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (8) Accessory dwelling units are, therefore, an essential component of Californias housing supply. (b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance. 7 .Are E-xisung Ondirianc,es NO and Vold'? Yes, any local ordinance adopted prior to January 1, 2017 that is not in compliance with the changes to ADU law will be null and void. Until an ordinance is adopted, local governments must apply "state standards" (See Attachment 4 for State Standards checklist). In the absence of a local ordinance complying with ADU law, local review must be limited to "state standards" and cannot include additional requirements such as those in an existing ordinance. Are Local Goverrirmcat-fl,.c, FZ�,eq u� i red to Adop, L an Ordinance? No, a local government is not required to adopt an ordinance. ADUs built within a jurisdiction that lacks a local ordinance must comply with state standards (See Attachment 4). Adopting an ordinance can occur through different forms such as a new ordinance, amendment to an existing ordinance, separate section or special regulations within the zoning code or integrated into the zoning code by district. However, the ordinance should be established legislatively through a public process and meeting and not through internal administrative actions such as memos or zoning interpretations. Can, a Local Governmient Preclude ADIL)s? No local government cannot preclude ADUs. Can a Local Govern ,,nent Appty Development Standards and Designate Areas? Yes, local governments may apply development standards and may designate where ADUs are permitted (GC Sections 65852.2(a)(1)(A) and (13)). However, ADUs within existing structures must be allowed in all single family residential zones, For ADUs that require an addition or a new accessory structure, development standards such as parking, height, lot coverage, lot size and maximum unit size can be established with certain limitations, ADUs can be avoided or allowed through an ancillary and separate discretionary process in areas with health and safety risks such as high fire hazard areas, However, standards and allowable areas must not be designed or applied in a manner that burdens the development of ADUs and should maximize the potential for ADU development. Designating areas where ADUs are allowed should be approached primarily on health and safety issues including water, sewer, traffic flow and public safety. Utilizing approaches such as restrictive overlays, limiting ADUs to larger lot sizes, burdensome lot coverage and setbacks and particularly concentration or distance requirements (e.g., no less than 500 feet between ADUs) may unreasonably restrict the ability of the homeowners to create ADUs, contrary to the intent of the Legislature. 8 maximum unit size, maximum lot coverage, minimum setbacks, architectural and landscape requirements) that allows ADUs to fit well within the built environment. a Local Governm�ent Adopt `t e tea, Restrictive ReqUireirrients? Yes, ADU law is a minimum requirement and its purpose is to encourage the development of ADUs. 'Local governments can take a variety of actions beyond the statute that promote ADUs such as reductions in fees, less restrictive parking or unit sizes or amending general plan policies. develo mani! ro 'ramsladcessor-dwellin -unit-develn ment- ro ram. Car - Local Governments Est ablish i�x in mi.nrn and Ma iiou Ur' Size Yes, a local government may establish minimum and maximum unit sizes (GC Section 65852.2(c). However, like all development standards (e.g., height, lot coverage, lot size), unit sizes should not burden the development of ADUs. For example, setting a minimum unit size that substantially increases costs or a maximum unit size that unreasonably restricts opportunities would be inconsistent with the intent of the statute. Typical maximum unit sizes range from 5170 square feet to 1,200 square feet. Minimum unit size must at least allow for an efficiency unit as defined in Health and Safety Code Section 17955.1. ADU law requires local government approval if meeting various requirements (GC Section 65852.2(a)(1)(D)), Including unit size requirements. Specifically, attached ADUs shall not exceed 50 percent of the existing living area or 1,200 square feet and detached ADUs shall not exceed 1,200 square feet. A local government may choose a maximum unit size less than 1,200 square feet as long s the requirement is not burdensome on the creation of ADUs. — An ACLU 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 ACM would not be counted as an additional unit. Minimum lot sizes must not be doubled (e.g,, 15,000 square feet) to account for an ADU. Further, local governments could elect to allow more than one ADU on a lot. supply concurrent with the availability of marKet rate housing. How Are Fees Charged to ADUs? All impact fees, including water, sewer, park and traffic fees must be charged in accordance with the Fee Mitigation Act, which requires fees to be proportional to the actual impact (e.g., significantly less than a single family home). Fees on ADUs, must proportionately account for impact on services based on the size of the ADU or number of plumbing fixtures. For example, a 700 square foot new ADU with one bathroom that results in less landscaping should be charged much less than a 2,000 square foot home with three bathrooms and an entirely new landscaped parcel which must be irrigated. Fees for ADUs should be significantly less and should account for a lesser impact such as lower sewer or traffic impacts. What Ublity Fee ReqLflire.!"Tients Appiy to ADUs? Cities and counties cannot consider ADUs as new residential uses when calculating connection fees and capacity charges, Where ADUs are being created within an existing structure (primary or accessory), the city or county cannot require a new or separate utility connections for the ADLI and cannot charge any connection fee or capacity charge. For other ADUs, a local agency may require separate utility connections between the primary dwelling and the ADU, but any connection fee or capacity charge must be proportionate to the impact of the ADU based on either its size or the number of plumbing fixtures. What Utility Fee Reqt,.flrenr�ents App�y to Non -City and CmAHnt,,,v Su.,� vice Districts? All local agencies must charge impact fees in accordance with the Mitigation Fee Act (commencing with Government Code Section 66000), including in particular Section 66013, which requires the connection fees and capacity charges to be proportionate to the burden posed by the ADU. Special districts and non -city and county service districts must account for the lesser impact related to an ADU and should base fees on unit size or number of plumbing fixtures. Providers should consider a proportionate or sliding scale fee structures that address the smaller size and lesser impact of ADUs (e.g., fees per square foot or fees per fixture). Fee waivers or deferrals could be considered to better promote the development of ADUs. Do Utility Fee Requirerrents Apply to ADUs within Existing Space"? No, where ADUs are being created within an existing structure (primary or accessory), new or separate utility connections and fees (connection and capacity) must not be required. Does "Public 'Transit" 1� ),clude within Orfof a Bus Stop al nd Train Station? Yes, "public transit" may include a bus stop, train station and paratransit if appropriate'for the applicant, "Public transit" includes areas where transit is available and can be considered regardless of tighter headways (e,g., 15 minute intervals). Local governments could consider a broader definition of "public transit" such as distance to a bus route. 11 f Vim. y t , §n".. y a ,i "# € ! t "� 'S g.», ""F. s, ^� v t { ". e ` gw =„. ,��g, � c1i a, d x�'",� a �i��, ndi,, �9`�� � U ���>�� sw� ��awa, Yww ` No, ADU law does not allow parking to be required when there is a car share located within a block of the ADU. A car share location includes a designated pick up and drop off location. Local governments can measure a block from a pick up and drop off location and can decide to adopt broader distance requirements such as two to three blocks. Is Off ei Parking rrk4ng Permitted i,s Setback re s or th OL,fg, , rida` r ii rc Yes, ADU law deliberately reduces parking requirements. Local governments may make specific findings that tandem parking and parking in setbacks are infeasible based on specific site, regional topographical or fire and life safety 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 of ADUs; Local governments must provide reasonable accommodation to persons with disabilities to promote equal access horsing and comply with fair housing laws and housing element law. The reasonable accommodation procedure must: provide exception to zoning and land use regulations which includes an ADU ordinance. Potential exceptions are not limited and may include development standards such a setbacks and parking requirements and permitted uses that further the housing opportunities of individuals with disabilities. Is Coven' -"",d Parking ReqLflre,,'J? No, off street parking must be permitted through tandem parking on an existing driveway, unless specific findings are made. c" } i a t e 9 '".3 '""Y d a "t. a r°�' i i� g r Required ^N,) `"a d i y" ""a i�� aY h t o ` 1 e Parking i" i n �..� g ,,.k a for �, t`" 3 i$ 4 a `"� �a. �.. m �»�-,� � ,� ; d m" , x a *"a�. ,t a i,. �d �. � � °.«..<a` § , 3 �..� � v �'�:, , a a � .. 3 8 x � - �°.a l�a .`��n, :: � �� t����rg n s Yes, but only if the local government requires off-street parking to be replaced in which case flexible arrangements such as tandem, including existing driveways and uncovered parking are allowed. Local governments have an opportunity to be flexible and promote ADUs that are being created on existing parking space and can consider not requiring replacement parking. Are Setbacks ReqUired When ars Existing arag e Is Curiv rte to an ADU? No, setbacks must not be required when a'garage is converted or when existing space (e.., game room or office) above a garage is converted. Rear and side yard setbacks of no more than five feet are required when new space is 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 extending beyond the garage walls. Also, when a garage, carport or covered parking structure is demolished or where the parking area ceases to exist so an ADU can be created, the replacement parking must be allowed in any "configuration" can the lest, "...including; but not limited to, covered spaces, uncovered spaces, or tandem spaces, or...." Configuration can be applied in a flexible manner to not burden the creation of ADUs. For example, spatial configurations like tandem on existing driveways in setback areas or not requiring excessive distances from the street would be appropriate: e, ADI ki Per-mittt,--,d in Existing Residence or Accessory S"pace? Yes, ADUs located in single family residential zones and existing space of a single family residence or accessory structure must be approved regardless of zoning standards (Section 65652:2(a)(1)(B)) for ADUs, including locational requirements (Section 65652.2(a)(1)(A)), subject to usual non -appealable ministerial building permit requirements. For example, ADUs in existing space does not necessitate a zoning clearance and must not be limited to certain zones or areas or subject to height, lot sizes loft coverage, unit size, architectural review, landscape or parking requirements. Simply, where a single family residence or accessory structure exists in any single family residential zone, so can an ADU. The purpose is to streamline and expand potential for ADUs where impact 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 -conforming lots or structures. The phrase, "..within the existing space includes areas within a primary home or within an attached or detached accessory structure such as a garage, a carriage house, a pool house, a rear yard studio and similar enclosed structures. Are Owner, Occupants Required? No, however, a local government can require an applicant to be an owner occupant. The owner may reside in the primary or accessory structure. Local governments can also require the ADU to not be used for short term rentals (terms lesser than 60 days): Both owner occupant use and prohibition on short term rentals can be required on the same property. Local agencies which impose this requirement should require recordation of a deed restriction regarding owner occupancy to comply with GC Section 27261 e5 .�,`,prinklers Required for ADLJs? Depends, ADUs shall not be required to provide fire sprinklers if they are not or were not required of the primary residence. However, sprinklers can be required for an ADU if required in the primary structure: For example, if the primary 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 be encouraged to contact the local fire jurisdiction for information regarding fire sprinklers. Since ADUs are a unique opportunity 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 ensure the safety of these populations as well as the safety of those living in the primary structure. Fire Departments can help educate property owners on the benefits of sprinklers, potential resources and how they can be installed cost effectively. For example, insurance rates are typically 5 to 10 percent lower where the unit is sprinklered. -Finally, other methods exist to provide additional fire protection. Some options may include additional exits, emergency escape and rescue ripenings, 1 "hour or greater fire -rated assemblies, roofing materials and setbacks from property lines or other structures. 13 I IN I I r, � F c,�, H I-i -t - j -I11 Z> 14 cz, � U I c"I U L U � uk"i I R:,� E,;, t x. 3 e d a s a n, A D U ? 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 Section 17958.1) and a manufactured home (Health and Safety Code Section 18007). Can -,,in Efficiency Unit Be Smaller than 220 Squwe Feet? Yes, an efficiency unit for occupancy by no more than two persons, by statute (Health and Safety Code Section 17958,11), can have a minimum floor area of 150 square feet and can also have partial kitchen or bathroom facilities, 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. Does ADItJ Apply Ito CI�iarte,r Cide,s and Cuunfles? Yes. ADU law explicitly applies to "local agencies" which are defined as a city, county, or city and county whether general law or chartered (Section 65852.2(i)(2)). 14 Do Ahaw s -("".ou tt toward d t e I teu€o al l o,,',-,isir rt Need Allocation? Yes, local governments may report ADUs as progress toward Regional Housing Need Allocation pursuant to Government Code Section 65400 based on the actual or anticipated affordability. See below frequently asked questions for JADIJs for additional discussion. Con -a2 ?t?Development? Yes, ADU ordinances must be submitted to the State Department of Housing and Community Development within 0 days after adoption, including amendments to existing ordinances. However, upon submittal, the ordinance is not subject to a Department review and findings process similar to housing element law (GC Section 65565) Frequently Asked Questions: Junior Accessory Dwelling Units aF, he.e a Difference 3faeraice bt ,en, AD and JADU? � Yes, AB 2406 added Government Code Section 65852.22, providing a unique option For Junior ADUs. The bill allows local governments to adopt ordinances for JADUs, which are no more than 506 square feet and are typically bedrooms in a ;. single-family home that have an entrance into the unit from he main home and an entrance to the outside from the JADU. The JADU must have cooking facilities, including a sink, but is not required to have a private bathroom. Current law does not prohibit local governments from adopting an ordinance for a JADU, and this bill explicitly allows, not requires, a local agency to do so. if the ordinance requires a permit, the local agency shall not require additional parking or charge a fee for a water or sewer connection as a condition Courtesy of Lilypad Hames and Photo Credit to Jocelyn Knight of granting a permit for a JADU. For more information, see below. A Us and JA Us Maximum Unit Size Yes, ,generally up to 1,200 Square Feet or Yes, 500 Square Foot Maximum 50% of living area Kitchen Yes Yes Bathroom Yes _ No, Common Sanitation is Allowed Separate Entrance Depends Yes Parking _ Depends, Parking May Be Eliminated and No, Parking Cannot Be Required Cannot Be Required Under Specified Conditions Owner Occupancy Depends, Owner Occupancy May Be Yes, Owner Occupancy Is Required Required Ministerial Approval Process Yes Yes Prohibition on Sale of ADU Yes Yes 16 ,e iq� a{ l JADLI l m °.3 li d:�$:? b r JADUs offer the simplest and most affordable housing option. They bridge the gap between a roommate and a tenant by offering an interior connection between the unit and main living area. The doors between the two spaces can be secured from both sides, allowing them to be easily privatized or incorporated back into the main living area. These units share central systems, require no fire separation, and have a basic kitchen, utilizing small plug in appliances,reducing development costs. This provides flexibility and an insurance policy in homes in case additional income or housing is needed, They present no additional stress on utility services or infrastructure because they simply repurpose spare bedrooms that do not expand the homes planned occupancy. No additional address is required on the property because an interior connection remains. By adopting a JADU ordinance, local governments can offer homeowners additional options to take advantage of underutilized space and better address its housing needs. Can JADUs COUnttowards the RHNA? Yes, as part of the housing element portion of their general plan, local governments are required to identify sites with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation (REINA) and report on their progress pursuant to Government Code Section 65400. To credit a unit toward the REINA, EICD and the Department of Finance (D F) utilize the census definition of a housing unit. Generally, a JADU, including with shared sanitation facilities, that meets the census definition and is reported to the Department of Finance as part of the DGF annual City and County Housing Unit Change Survey can be credited toward the RHNA based on the appropriate income level. Local governments can track actual or anticipated affordability to assure the JADU is counted to the appropriate' income category.For example, some local governments request and track information such as anticipated affordability as part of the building permit application. irk � ADIJ s Sold ,fit d In penc-Ifent of the I rinn� ; Dwelling? No, the JADU cannot be sold separate from the primary dwelling. a "V ­Ii i E to-.'' t o '� .o" st e, ? � "n andCapacity .' �r Sm s„�, b..,„. *.s �.Y a,,.a +., z im.'Ja �... *.... L� �,,,, �w o. !�„a'�.e;.a 4.< x , �,.a 3 s s Fees? No, JADUs shall not be considered a separate or new dwelling unit for the purposes of fees and as a result should not be charged a fee for providing water, sewer or power, including a connection fee, These requirements apply to all providers of water, sewer and power, 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 not considered a new or separate unit: 17 Are x x µ,�t ` t Fire „,° k" k, r" 1 s r -, " ': v *" h 4 S q ",,; Yes, a local government may adopt requirements related to fire and life protection requirements. However, a JADU shall not be considered a new or separate unit. In other words, if the primary unit is not subject to fire or life protection requirements, then the JADU must be treated the same. Courtesy of Karen Chapple, UC Berkeley e \,.t,.,!,,Yaa°La S t:t .) v un, i..?.. s (S'`,.r z o PI„«). ,tra ?.r. ) .) Government Cade Section 65852.2 (a) (1) AAy A local agency may, by ordinance, provide for the creation of d aacass�elling units in single-family and multifamily residential zones: The ordinance fray shall do a44Y all of the following: (A) Designate areas within the jurisdiction of the local agency where d-agggssca dwellin units may b permitted. The designation of areas may based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact ofwend--accgesscary dwelling units on traffic . flow and ublic safet ( ) {i} Impose standards ond-- ccegssc�ry �wellirap units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places, ii Aiotwithstandin clause i a local a eras a reduce or elirrrinate Arkin re crirernents for an accesso dwellirr€� unit located wrthin its�urisdfction. (C) Provide thatd-accegssor dwelling units do not exceed the allowable density for the lot upon which the s ' d -accessory dwelling unit is located, and thatn€4- accegjmLy dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. Ct f?e "airs the accesso dwellin units to cpm 1 wifh all of the following: f The unit is riot intended for sate se erste from the rirrrar residence and rrta be rented, ii the lot is zoned for sin fe-famif or muttifarrtil use and contains an existirx sin le-famil cfwellin . iii l he accesso dvvellin unit is either atfached to the eistiri dwetlin or located within the iivin area of the existin dwellin or detached from the eistin dwellin and located on the same lot as the eistin dwellin iv The increased floor aroma of err attached accessor dwellin emit shelf not exceed 5Ci ascent of the existin .living area with a maximum increase in floor area of t,2Ei square feet. v 7 he total area of floors ace for a detached accessor dwellin unit shall not exceed t 00 s uare feet. vi tVo ansa ewe shall be re aired in con `unction with the construction of an accesso dj ey emit. vii lVo setback shelf be re aired for an exisfin era e that is converted to a access2oLdwelling unit and a setback of no more than five feet from the side and rear lot lines shall be re aired for an accesso dwellin unit that is constructed above a era e. viii. Local bildin soda re uirements that a I to detached dvvellin s as a ro nate. ire A rove/ the fecal health cifficer where a rivets sewn" e die Deals stern is bein used if re trired. l Parkin re uireents for accessor dwellin units shall not exceed one Arkin s ace er unit rrr er bedroom. Theses aces ma be rovr`ded as tandem Arkin on an existin drivewa . ll C ffstreef Arkin steal! e ermitted ire setback areas in locations determined the local a enc or throw h tandem Arkin , unless s ecific findin s are made that Arkin in setback areas or tandem oarkinn is not feasible based u on s ecific site or re ional h) o ra hic l or fire and life safet conditions or that it is Trot armitted an iwhere else in the jurisdiction: 111 7"his clause steal! nota 1 to a eanit that is described in subdivision'd . 20 i INhen a a s e car ort or covere r structure is demolished in co-Onction with the construction of an accesso dwellin unit and the focal a enc re ulres that those offstreet arkln s aces e re laced the re lacemerit s aces rzaa be located %n an confi oration on the same lot as the accesso dwell%n unit: includln but not limited to as covered s aces uncovered s aces :or tandem s aces orb the use of mechanical automobile arkin lifts. This clacrse shelf nota l to unit that is described in subdivisiond . (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. () When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use caer its within f 2t? days after receiving the application A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001--02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of ADUx,. an accessory dwPlUnry unit, kb�) 411 k44 �Ln W#en e istin ordinance overnin flee creat%on of an accessory r llr`np unif by a local agency ary or an accesso dwelling ordinance ado ted b a local a enc subs e went to the effective date of the act addirr this era ra to shall rovide era a rove! recess that includes onl ivaister%al resvisions for thea royal of aocessor dwellin units and shall rant lncfude an discretfonar recesses, rov%sions or re ireents for those crnits exce t as oche fse rovided in this subdivision. In the event that a local a eras fias an exist%n accesso dwell%n unit ordinance that fails to meet the re u%rements of this subdivision that ordinance shat/ be troll and void cr on the effective date of the act addin this era ra hand that a eno shall thereafter a 1 the standards established in this subdivision for thea royal of acoessor dellin units unless and until the gqgncy adopts an ordinance' . � that complies with this section. + `1 21 (24 L5J No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit lander this subdivision. (3) L This subdivision establishes the maximum standards that local agencies shall use to evaluate pr d- Us-on-lo a roiaosed accessor dwelling unit on a (ot zoned for residential use " h ntaan that contains an existing single -family dwelling. No additional standards, other than those provided in this . ka�,-,aubdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an eros arm aawner occta�aant or that the ro(aerty be ise for rentals of terms longer than days. local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of ADUs an accessor dwelling unit if these provisions are consistent with the limitations of this subdivision. (An accessory dwe((in unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory btdaldincr and saN not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential usewhiGh that is consistent with the existing general plan and zoning designations for the lot. The A , accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. { Lb) No When a local agency ord t6aat has not ado ted an ordinance overnin accesso dwellin units in accordance with sardivision a race+yes its first (kation on or after Jul 1, 193 fora exit to create an accessooLdAelling crnit ursuant to th(s subdivision, the locals enc shat( aces t the a licafion and a rove or dies rove the iication tninisteria(( without discretions review ursuant to scrbdivision a within 92t da s after receivin the aMlication. 0) Lcj A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwel(irse units. No minimum or maximum size for s d-an accessory dwa� unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings w4ish that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Aceessor dwel/in unifis shall not be re aired to rovide fires rinklers if the are not reouired for the rimary residence. d lVotwr'thstandin an cattier law a local a enc whether or not it has ado ted an ordnance overnin accesso dwe(!an unr'ts in accordance with subdivision a shall not im os ark(n standards for an accessor dwel(in unit in ariy of the following instances. 1 The aocessor dollin ttnr't (s located wr'thin one-half mile of ublic transit: 2 The acoessor dvs�e((in atilt r"s located within dry arcltaeturall and historical si nifcant historic district. The accesoor dwel(in unit is art of the eitin rinrar residenoe"or arr existin accesso strarcture. VI/hen on-street Arkin ermits are re aired but not offered to the ocu ant of the accesso de(lin ctnit. 5 then there is a car share vehicle located within otic block of the acg2222pLclwallin unit. (e) .. 22 isdiot° Iglotithstandin stdbdr"yisfans a to d tncfusiye a local enc shad! ministerial! a rove an dioation for bulldin ermit to create within a sin le Tamil residential zone one accesso dwe/!in unit er, sin Je fa !l fat if the canit is contained within the existin s ace of a sin le -Tamil residence or accessor structure has rode endent exterior access from the existln residence and the side and rear setbacks are sufficient for fire safat . Accesso dwe!!in units shall not be re wired fo rovide fires rinklers if the are not re aired for the �rfmary rBsfderPCe. (f) M Fees charged for the construction of s units shall be determined in accordance with Chapter 5 (commencing with Section66004. 6640071 and Gha ter % commencin' with faction 66 921. Esidential uses for the Purposes of calculat��� connectiona enc LA) For an accessory dwelling unit described in subdivision Lej, a /ocal aaencv shall not reguire the aDplicant to related connection fee or capacity chaLge. For -ssory dwellina unit that is not described in subdivisionwe , separate„between accessorLI dwelling unit and the utilitZi. GConsistrent e • )b�ju�rden unon the water or sewer system. This fee or charae shall not exceed the reasonable cost of groviding this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of s: an accessor dwelling unit. (h) Local agencies shall submit a copy of the no ordinance adapted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 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 including basements and attics but does not include a garage or any accessory structure. (3) dor purposes of this section, "neighborhood" has the same meaning as set forth in Section 65569.55. (4) t €d -"Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. grad -Ari accessory dwef!lrael unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code: (l3) A manufactured home, as defined in Section 13007 of the Health and Safety Code. 5 ssa ewa means a athwa that !s unobstructed clear to the sk and extends from a street to one entrance of the accessor_dwe!!!n unit. 3 0) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the 'California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for d-acoessgry dwelling units. Government cti a Notwithstanding Section 65852.2 a local a enc ma ordinance rovide for the creation of "unior accesso dwellin units in sin le -fail residential zones. The ordinance ma re ire a ermit to be obtained for the creation of a iunior accessory dwelrnsunit and shat/ do all of the fo(Icawinca: 1 Limit the numkaer of "unlit accessor dwellin units to one er residential lot zoned for sin le-famit residences wifh a single-family residence a(read built on the lot 2 Re airs ow net-taccu nc in the sin le farrril residence in which the "unior accessor die(/ln �� ermitted. The cawner ma reside in either the remainin ortion of the structure or the new/ created 'unior accesso dwellin unit. tJwner4occu enc shall not e re aired if the owner is another overnrraeata(a enc lane! trust or housing or anrzat�on. 3 f2e wire the recordation of a deed restriction which shall run with the land, shall be filed with the permittincL a encu and shall include both of the followin�a: A .A rohibition on the sale of the unior accessor drellin unit se state from the sale of the sin le-farrrl residence includin a statement that the deed restriction ma be enforced a ainst fufure urchasers. A restriction can the size and attributes of the "crnior accessor dwellin unit that conforms with this section. Re uire a ermitted 'unior accessor dvi! ellinf unit to be constructed within the existin walls of the structure and require the inclusion of an exisUgg bedroom. 5 Re "uire a ermitted 'unior accesso dwellin to include a se' erste entrance frorri the main entrance to the structure with an interior an to the rrxain linin area. A ermitted 'unior accessor dwellin ma include a second interior doorway for sound attenuation. Re uire the ermitted 'unior accessor dwellin unit to include n e c' kitchen which shall include all of iLLthe following, A A sink with a maximum waste line diameter of 1.5 inches, A cookie fecilit with a liances that do not re uire electrical service teeter than 120 volts or natural or EL2gglne _gas, C A cd re aration counter and store e cabinets that are of reasonable size in relation to the size of the 'unior accessory dwelling crnit. b 1 An ordinance shall not require additional Arkin as a condition'to rent a ernait. 2 This subdivision shall not b utter rated to rohibit there ttiramertt ctf an ins ecfion includin the im osition of a fee for that ins action" to determine whether the 'unior accessor dwellin unit is in com (lance with a livable buildinq standards. c n a lication fora ernait ursuant to #his section shall, not ithstandin Secfion 65901 or 65906 gLpay local ordinance re ulatin the isscrance of variances ors ecial use ermits. be considered ministerial) without discretionary review or a hearing. A_permit shall be issued within 12(1 days of submission of an a alicatron for a 2 ermit oursuant to this section. A local,__ ec�nov may charge � fee to reimburse the local acren for costs incurred in connection with the issuance of a oermitpursuant to this section. d For the ur Dees of an fire of life rotection ordinance or re crlti�aea a 'unior accesso delfin unit shall not e considered s erste or navy dwellin unit: This section shall not be construed to rohibit a cit count cit -and count or other focal ublic entft" from ado tin an ordinance or re ufatfon refatin to lire and life rotection re uirements within a sin le-farnif residence tfaat contains a 'crnior accessor deffin unit so lon as the ordinance or re ufation a figs uniform! to all sin le-famil residences within the zone re arddess of whether the sin 7e-farnil residence incfudes a "unior accesso dwellin unit or not..... e Foi'the ur Dees of rov°idin setice for wafer' sewer or ower incfudin a oonnection fee a "unior accesso dweffin unit shelf riot be considered a se erste or new dweltin unit. This section sheff not be construed to rof7ibit a loos! a enc "from ado tin an ordinance or re ufetion referee to arfsin or a se ice or a connection fee for water sewer or ower. that a Pies to sin le-famif residence that contains "unior accesso dwellr`n unit so fon as that ordinance or e elation a Pies uniformf to elf sin fe- famil residences re ardles caf whetfer the sin le-famif residence includes a "unior acoessor dweflin unit. For ur Dees of this section the folfowfn terms have rise followfn ineanin s 9 "Junr'or accesso dwellin unit" rrran a unit that is no more than 500 s care feet in size and contained entiref within an existin sin fe-famil structure. A 'unior accesso dwe!!in unit ma include se urate sanitation facifttres�,or mai share sanitation facllrties with the existing strcrcture, 2 "Local a ehc "rraeans a cit oount or cit and count whether eneral law or chartered. iN U { kJ , Section 1XXX: Purpose This 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 area residential use which is consistent with the General Flan objectives and zoning regulations and which enhances housing opportunities, including near transit on single family lots. Section Applicability The provisions of this Chapter apply to all lots that are occupied with a single family dwelling unit and zoned residential. Accessory dwelling units do exceed the allowable density for the lot upon which the accessory dwelling unit is located, and are a residential use that is consistent with the existing general plan and zoning designation for the lot, Section a Development Standards Accessory Structures within Existing Space An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within the Chapter if complying with: 1. Building and safety codes 2. Independent exterior access from the existing residence 3. Sufficient side and rear setbacks for fire safety. Accessory Structures Attached andDetached) Generale 1. _ The unit is not intended for sale separate from the primary residence and may be rented. 2. The lot is zoned for residential and contains an existing, single-family dwelling, 3. The accessory dwelling unit is either attached to the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. 4.The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. 5. 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. 7. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. 8. No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage: 9. ; Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection. Parkin 1. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas; excluding the non -driveway front yard setback. 2. Parking is not required in the following instances; The accessory dwelling unit is located within one-half mile of public transit, including transit stations and bus stations. 2 • The accessory dwelling unit is located inthe 'WWWW Downtown, XXX Area, YYY Corridor and ZZZ Opportunity Area. • The accessory dwelling unit is located within an architecturally and historically significant historic district. • When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. • When there is a car share vehicle located within one block of the accessory dwelling unit. 3. Replacement Parking: When a garage; carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking shall not be required and may be located in any configuration on the same lot as the accessory dwelling unit Section it Requirements ADUs shall be permitted ministerially, in compliance with this Chapter within 120 days of application. The Community Development Director shall issue a building permit or zoning certificate to establish an accessory dwelling unit in compliance with this Chapter if all applicable requirements are met in Section XXX3XXXXX, as appropriate. The Community Development Director may approve an accessory dwelling unit that is not in compliance with Section XXX3XXXX as set forth in Section XXX5XXXX. The XXXX Health Officer shall approve an application in conformance with XXXXXX where a private sewage disposal system is being used. Section v for Accessory Structureof Complying with Development Standards An accessory dwelling unit that does not comply with standards in Section XXX3XX may permitted with a zoning certificate or an administrative use permit at the discretion of the Community Development Director subject to findings in Section XXX6XX Section Findings A. In order to deny an administrative use permit under SectionXXX5 X, the Community Development Director shall find that the Accessory Dwelling Unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors. S. In order to approve an administrative use permit under Section XXX5XXX to waive required accessory dwelling unit parking; the Community Development Director shall find that additional or new on-site parking would be detrimental, and that granting the waiver will meet the purposes of this Chapter. Section- 7 . Definitions (1) "Living area means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following. (A) An efficiency unit; as defined in Section 17953.1 of Health and Safety Cade. (B) A manufactured home, as defined in Section 18007 of the health and Safety Coder (3) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 27 () (1) "Existing Structure" for the purposes of defining an allowable space that can be converted to an A U means within the four walls and roofline of any structure existing on or after January 1, 2017 that can be made safer habitable under local building codes at the determination of the building official regardless of any non-compliance with zoning standards. 't 3, Sairti -ple JADL) Ordh-omce A tt a hi � i �rer. (Lilypad Homes at PtW.,111dXpadhomes.orq1) Draft Junior Accessory Dwelling Units (JADU) - Flexible Housing Findings: 1 , Causation: Critical need for housing for lower income families and individuals given the high cost of living and low supply of affordable homes for rent or purchase, and the difficulty, given the current social and economic environment, in building more affordable housing 2. Mitigation: Create a simple and inexpensive permitting track for the development of junior accessory dwelling units that allows spare bedrooms in homes to serve as a flexible form of infill housing 3. Endangerment: Provisions currently required under agency ordinances are so arbitrary, excessive, or burdensome as to restrict the ability of homeowners to legally develop these units therefore encouraging homeowners to bypass safety standards and procedures that make the creation of these units a benefit to the whole of the community 4, Co -Benefits: Homeowners (particularly retired seniors and young families, groups that tend to have the lowest incomes) - generating extra revenue, allowing people facing unexpected financial obstacles to remain in their homes, housing parents, children or caregivers; Homebuyers - providing rental income which aids in mortgage qualification under new government guidelines; Renters - creating more low-cost housing options in the community 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 safety standard code compliance, providing an abundant source of affordable housing with no additional infrastructure needed; Community - housing vital workers, decreasing traffic, creating economic growth both in the remodeling sector and new customers for local businesses; Planet - reducing carbon emissions, using resources more efficiently; 5. Benefits of Junior ADUs: offer a more affordable housing option to both homeowners and renters, creating economically 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 the standard accessory dwelling unit, permitted as set forth under State Law AB 1866 (Chapter 1062, Statutes of 2002) Sections 65852.150 and 65852.2 and subject to different provisions under fire safety codes based on the fact that junior accessory dwelling units do not qualify as "complete independent living facilities" given that the interior connection from the junior accessory dwelling unit to the main living area remains, therefore not redefining the single-family home status of the dwelling unit. A) Development Standards. Junior accessory dwelling units shall comply with the following standards, including the standards in Table below: 1 ) Number of Units Allowed. Only one accessory dwelling unit or, junior accessory dwelling unit, may be located on any residentially zoned lot that permits a single-family dwelling except as otherwise regulated or restricted by an adopted Master Plan or Precise Development Plan. A junior accessory dwelling unit may only be located on a lot which already contains one legal single-family dwelling. 2) Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling or the accessory dwelling, except when the home is held by an agency such as a land 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 on the parcel. 29 ) Deed Restriction: A deed restriction shall be completed and recorded, in compliance with Section B below. 5) Location of Junior Accessary Dwelling Unit: A junior accessory dwelling unit must be created within the existing 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 dwelling unit. 7) Interior Entry Remains: The interior connection to the main living area must be maintained, but a second door may be added for sound attenuation. 8) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: a) A sink with a maximum waste line diameter of one -acid -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, and c) 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 was constructed. Development Standards for Junior Accessory Dwelling Unit - B) 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 the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this Section. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded 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 development standards, 3) The junior accessory dwelling unit shall be considered legal 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 is owned by an agency such as a land 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 lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain 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 junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard may be assessed. D) No Sewer Connection Fees., No agency should require a sewer connection fee for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard 30 may be assessed. E) No Fire Sprinklers and Fire Attenuation: No agency should require fire sprinkler or fire attenuation specifications for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard may be assessed. Definitions of Specialized Terrns and Phrases, "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, 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 17955:1 of Health and Safety Code. () A manufactured home, as defined in Section 15007 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 entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. * Other requirements may apply. See Government Cade Section 65852.2 Lot family reased percent _d for single-family floorIn of or multifamily use and contains an existing,single- of an attached accessory • d 50 * Other requirements may apply. See Government Cade Section 65852.2 ba 37do gB ap. § Reports ACCESSORY 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 lots that are independent of the primary dwelling unit. The separate living spaces are equipped with kitchen and bathroom facilities, and can be either attached or detached from the main residence. This case study explores how the adoption of ordinances, with reduced regulatory restrictions to encourage ADUs, can be advantageous for communities, Following an explanation of the various types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU legislation and programs. Section titles include, History of ADUs; Types of Accessory Dwelling Units; Benefits of Accessory Dwelling Units; and Examples of ADU Ordinances and Programs: THE MACRO VIEW ON MICRO UNITS (46 pp.) By Bill Whitlow, et at, = Urban Land Institute (2014) Library Call * H43 4.21 "M33 2014 The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013 to evaluate from multiple perspectives the market performance and market acceptance of micro and small units. RESPONDING TO CHANGING HOUSEHOLDS, � Mato` Challen es for Micro®units and Accesso Dwelling Units (76 pp.) By Vicki Been, Benjamin Gross, and John Infranca (2014) New York University: Furman Center for Real Estate& Urban Policy Library Call # D55 3147 2014 This White Paper fills two gaps in the discussion regarding compact units. First; we provide a detailed analysis of the 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 we study, but also can serve as a model for those who what to catalogue regulations that might get in the way of the development of compact units in their own jurisdictions. Second, as more local governments permit or encourage compact 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: IM acts and Folie Il�i�pllcations (25 pp• By Jake Webmann, Alison Nemirow, and Karen Chapple (2012) UC Berkeley: Institute of Urban and Regional Development (TURD) Library Call # H441:1 S33 2012 This 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, El Cerrito, and Oakland. We then investigate 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, focusing on regulatory reforms and other actions cities can take to encourage secondary unit construction, such as promoting carsharing programs, educatingresidents, and providing access to finance. 3 ga- SECONDARY KNITS AND URBAN INFILL: A literature Review -02 By Jake Wegmann and Alison Nemirow (2011) UC Berkeley: IURC7 Library Call# D44 4:21 S43 2011 This literature review examines the research on both infill development in general„ and secondary units in particular, with an eye towards understanding the similarities and differences between infill as it is more traditionally understood — i.e., the development or redevelopment of entire parcels of land in an already urbanized area—'and the incremental type of infill that secondary unit development constitutes, l'ES -Bl1T V411LL TFIEY LET !JS B4JILC?? The Feasiblit tf Seconda Units in the Et Ba (17 pp.) By Alison Nemirow and Karen Chapple (2012) -LIC Berkeley: ILIRCi Library Call # 1-144.5 1 . 1 Y47 2012 This paper begins with a discussion of how to determine the development potential for :secondary units, and then provides an overview of how many secondary units can be built in the East Bay of San Francisco Bay Area under current 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), looking at lot size, setbacks, parking requirements; and procedural barriers. A sensitivity analysis then determines how many units could be built were the regulations to be relaxed. 'SES IN MYBACKYARD: Mobili�in the Mar et for Seconda Unita (20 p.) By Karen Chapple, J. Weigmann, A. Nemirow, and C. Centel -Post (2011) UC Berkeley Center for Community Innovation, Library Call # B92 1:1 Y47 2011 This study examines two puzzles that must be solved in order to scale up a secondary unit strategy: first, how can city regulations best enable their construction? And second, what is the market for secondary units? Because parking is such an important issue, we also examine the potential for secondary unit residents to rely on alternative transportation modes, particular car share programs. The study looks at five adjacent cities in the East Bay of the San Francisco Bay Area (Figure 1) -- Oakland, Berkeley, Albany, Bl Cerrito, and Richmond -- focusing on the areas within '12 mile of five Bay Area Rapid Transit (BART) stations, Journal Articles and WorkingPapers: BACKYARD HOMES LA (17 pp ) By Cana Cuff, Tim Higgins, and Per -Johan Dahl,:Bds. (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: Urbaniand 74 (314) arch/April 2015, pp. 154-161. 4 GRANNY FLATS GAINING GROUND (2 pp;) By Brian Barth, Planning Magazine: pp. 16-17. (April 2016) Library Location: aerials "HIDDEN" DENSITY, THE POTENTIAL OF SMALL-SCALE INFILL DEVELOPMENT (2 pp.) By }Caren Chapple (2011) !JC Berkeley: IURC Policy Brief. Library Call # D44 1:2 H53 2011 California's implementation of SB 375, the Sustainable Communities and Climate Protection Act of 2008, is putting new pressure on communities to support infill development. As metropolitan planning organizations struggle to communicate the need for density, they should take note of strategies that make increasing density an attractive choice for neighborhoods and regions. HIDDEN [DENSITY IN SINGLE-FAMILY NEIGHBORHOODS: Back and cotta es as an e citable smart g[gAth stratecly_(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-family residential properties, constitute a frequently overlooked strategy for urban infill in high-cost metropolitan areas in the United States. This study, which is situated within California's San Francisco Bay Area, draws upon data collected from a homeowners' survey and a Rental Market Analysis to provide evidence that a scaled -up strategy emphasizing one type of secondary unit — the backyard cottage -- could yield substantial infill growth with minimal public subsidy. In addition, it is found that this strategy compares favorably in terms of affordability with infill of the sort traditionally favored in the `smart growth' literature, i.e. the construction of dense multifamily housing developments. RETHINKING PRIMATE 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, A US AND LOS ANGEL S' BROKEN PLANNING SYSTEM (4 pp.) By CARLYLE W. Nall. The Planning Report. (April 26, 2016). Land -use attorney Carlyle W. Hall comments on building permits for accessory dwelling units. News: HOVE ONE COLORADO CITY INSTANTLY CREATED AFFORDABLE HOUSING By Anthony Flint. The Atlantic-CityLab. (May 17, 2016). In Durango, Colorado, zoning rules were changed to allow, for instance, non -family members as residents in already -existing accessory dwelling units. NEW HAMPSHIRE WINS PROTECTIONS FOR ACCESSORY DWELLING UNITS (1 p.) N1JHC (March 28, 2016) Affordable housing advocates in New Hampshire celebrated a significant victory this month when Governor Maggie Hassan (D) signed Senate Bill 146, legislation that allows single-family homeowners to add an accessory 38 dwelling unit as a matter of right through a conditional use permit or by special exception as determined by their municipalities. The bill removes a significant regulatory barrier to increasing rental hordes at no cost to taxpayers: NEW IN -LAMP SUITE RULES BOOST AFFORDABLE HOUSING IN SAN FRANCISCO. (3 pp.) By Rob Poole. Shareable. (June 109 2014). The San Francisco Board of Supervisors recently approved two significant pieces of legislation that support accessary dwelling units (ADUs), also known as "in-law"or secondary units; in the city... USING ACCESSORY DWELLING UNITS TO BOLSTERAFFORDABLE HOUSING (3 pp.) By Michael Ryan, Smart Growth America. (December 12; 2014).