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2020-01-21 CC Agenda Packet - ITEM #14 - PRESENTATION - EA 1247 ADU2019 ADU Changes Response to AB 881 City's Response to AB 881 • Garages are explicitly permitted conversions, as well as other accessory structures • Removed prohibition on garage conversions City's Response to AB 881 • Garage conversions no longer require replacement parking • Removed language requiring replacement parking, which was pursuant to State's 2017 version of ADU laws City's Response to AB 881 • Correction of nonconformities cannot be mandated for conversion ADUs • Added language to make this clear City's Response to AB 881 • 60 day limit to process ADUs • Added language. No need to modify process of approving ADUs City's Response to AB 881 • Owner occupancy of property may not be required, at least through 2024 • Removed owner occupancy requirement for now, returns in 2025 City's Response to AB 881 • Junior ADUs introduced, permitted with detached regular ADU • Added new chapter on JADUs, follows State laws closely City's Response to AB 881 • ADUs now allowed in multi -family zones • Added new language allowing ADUs in multi -family zones City's Response to AB 881 • ADUs may not be used as short term rentals • Included this language City's Response to AB 881 • New limitations on utility connections • Included this language, will present new proposed fee structure in future Difference Between Ordinance and ADU Laws • One significant difference Our ordinance caps detached accessory structures, in aggregate, including garage, workshop, pool house, rec room, etc. and ADU to 1,200 square feet • Conversions of existing structures are permitted • No permits to build new areas over 1,200 square feet. Example 1—Detached ADU • 4,000sf house • 400sf detached garage • 600sf detached rec room • Maximum size of new detached ADU is 200sf without conversion • If office is converted and added on, ADU can be 800sf • Under state law the ADU can be 1,200sf Example 2—Detached ADU • 4,000sf house with attached garage • 600sf detached rec room • Maximum size of new detached ADU is 600sf without conversion • If office is converted and added on, ADU can be 1,200sf • State law allows the ADU to be 1,200sf without converting office Example 3—Detached ADU • 4,000sf house • 400sf detached garage with nonconforming setbacks • Maximum size of new detached ADU is 800sf without conversion • If garage is converted the setback need not be corrected and ADU may be demolished completely in the process of construction Example 4—Detached ADU & JADU • 4,000sf house • Detached 1,200sf ADU • JADU up to 800sf may be carved out of house interior • No JADU without detached ADU Next Steps • If ordinance is adopted, it will be sent to Department of Housing and Community Development for review • If not adopted, we will follow State's guidelines • If HCD certifies the ordinance as compliant with laws, we follow the ordinance • If HCD determines that the ordinance is not compliant with laws, we will have a short time to change the ordinance or make a case that HCD is incorrect • During any time ordinance is suspended or voided, the 1,200sf aggregate cap on detached structures will not be in effect. New ADU Provisions in State Laws • Garages are explicitly permitted conversions, as well as other accessory structures • Garage conversions no longer require replacement parking • Correction of nonconformities cannot be mandated for conversion ADUs • 60 day limit to process ADUs • Owner occupancy of property may not be required, at least through 2024 • Junior ADUs introduced, permitted with detached regular ADU • ADUs now allowed in multi -family zones • ADUs may not be used as short term rentals • New limitations on utility connections