ACCESSORY DWELLING UNIT REGULATIONS ZOA Tuesday, October 9, 2012

What is an ADU?  An attached or a detached residential unit which provides complete independent living facilities for one or more persons  Permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the main residence  Ancillary to the primary unit on the parcel

State Law and Purpose of Second Unit Regulations  Enacted in 1982; amended in 1986, 1990 & 2002  Process: Minsterial (staff-level) Review is Required  Optional Discretionary Review– ancillary standards  Location (City-wide? Certain Residential areas?)  Development standards  Parking  Height  Setback  Lot coverage  Design  Size

Background  Housing Element Update-draft  Program 10a and 10b– Adopt an ADU ordinance and amnesty program  ADU Working Group  Subcommittee of Housing Element Task Force Chair Joan Cox Vice-Chair Ray Withy Member Kim Stoddard  11 meetings March – August

Background  Planning Commission review of the draft regulations  September 5, 2012  September 19, 2012 Floor Area Waiver Owner-occupancy restrictions Privacy New ADU parking exceptions Amnesty ADU parking exceptions

Components of the ADU Ordinance  Delete Chapter 21 (Second Units)  Add a new Section Regulations For New ADUs and Amnesty For Existing Unpermitted ADUs  Modify Table to add reference to ADUs  Modify Chapter to remove the definition of Secondary Dwelling; and  Add definitions related to ADU provisions Main Discussion Tonight

Types of ADUs Main Residence Attached ADU Detached ADU Interior Conversion ADU

ADU Ordinance Type of ADUPermit ProcessReview Type NewADU PermitStaff-level; exceptions reviewed by Planning Commission Existing UnpermittedAmnesty ADU PermitStaff-level; no exceptions

Analysis – New Units Topic Administrative Standards (Staff-level review) Exceptions? NumberOne ADU per parcelNo exceptions Location Only allowed in Single Family, Two- Family and Multi-Family Zoning Districts No exceptions Access & Facilities Must have separate entrance and must contain separate kitchen and bathroom facility. No exceptions

Analysis – New Units Topic Administrative Standards (Staff-level review) Exceptions? Building Permits Must comply with the Building Code; Building Permit required. No exceptions Floor AreaMust comply with Floor Area Ratio requirement May be exceeded with CUP: up to 10% of parcel, capped at 500 square feet Parcel AreaCredit at 10% of Parcel Area 1,500 square feet150 square foot credit 3,000 square feet300 square foot credit 5,000 square feet500 square foot credit 7,000 square feet500 square foot credit-capped

Analysis – New Units Topic Administrative Standards (Staff-level review) Exceptions? Building Coverage/ Impervious Surfaces Required to conform with building coverage and impervious surfaces regulations applicable to parcel May be exceeded by 5% of allowable with CUP Zoning District Example Parcel Size Maximum Building Coverage 5% of the Maximum Building Coverage R-1-66,000 sf35% - 2,100 sf105 additional R ,000 sf50% - 2,000 sf100 additional R-35,000 sf50% - 2,500 sf125 additional

Analysis – New Units Topic Administrative Standards (Staff-level review) Exceptions? Height Attached: Comply with main building height limitations Detached: 15 feet maximum from average natural grade Height may be exceeded with CUP SetbacksConform with setback requirements applicable to parcel Side yard setback may be decreased with CUP if 3 feet is maintained

Analysis – New Units Topic Administrative Standards (Staff-level review) Exceptions? Parking1 off-street space = 700 sf or less 2 off-street spaces = >700 sf Tandem parking and parking in the setbacks allowed ministerally under certain conditions. Parking may be excepted with CUP: -Parking not feasible on site -Parking study shows availability of on- street parking = amount required on- site -Main unit must meet parking requirement

Analysis – New Units Topic Administrative Standards (Staff-level review) Exceptions? Unit Size and Number of Bedrooms Interior Conversions: 300 sf min. and no greater than 40% of the primary unit- capped at1,000 sf; 2 bedroom max Attached and Detached: 300 sf min. and no greater than 30% of the primary unit- capped at 700 sf maximum; 1bedroom max Attached/Detached: 2 bedrooms Up to 40% of the primary unit; capped at 1,000 sf Affordability covenant required to be recorded against the property. Period of RestrictionAffordable Rent 10 yearsVery Low 15 yearsLow 20 yearsModerate

Analysis – New Units Topic Administrative Standards (Staff-level review) Exceptions? Design Must have roof slope, window arrangement, siding materials, colors & architectural style compatible with primary residence Exceptions for Detached units – CUP Views Must be designed to not impair views from neighboring properties; story poles required Exceptions – CUP PrivacyMust be designed so that windows, decks and doors do not overlap the exterior living areas or interior living areas of adjoining properties; waived for Interior Conversions with no exterior modifications No Exceptions

Analysis – New Units Topic Administrative Standards (Staff-level review) Exceptions? Light Must be designed so that there are no adverse light impacts on adjacent properties; shadow study may be required to demonstrate this. The ADU may not impact more than 25% of the light on an adjacent parcel more than 30 days per year. Light impacts on adjacent properties may be allowed with CUP as long as the impacts have been minimized Owner- occupancy compliance Single-family properties: The owner of the property must occupy either the primary unit or accessory dwelling unit as their primary residence; may be absent for up to 1 year during any 3 year period May request exceptions from the Zoning Administrator with Minor Use Permit

Analysis – Existing Units Topic Administrative Standards (Staff-level review) Exceptions? NumberOne ADU per parcelNo exceptions Location Only allowed in Single Family, Two- Family and Multi-Family Zoning Districts No exceptions Access & Facilities Must have a separate entrance and must contain a separate kitchen and bathroom facility. No exceptions

Analysis – Existing Units Topic Administrative Standards (Staff-level review) Exceptions? Required Documentation Must provide evidence that existing Accessory Dwelling Unit was constructed or established prior to January 1, 2012 (see checklist) No exceptions Safety Inspections Accessory Dwelling Unit Housing Inspection required. Any improvements necessary to meet minimum standards must be made prior to permit issuance. No exceptions

Analysis – Existing Units Topic Administrative Standards (Staff-level review) Exceptions? Owner- occupancy compliance Single-family properties: The owner of the property must occupy either the primary unit or accessory dwelling unit as their primary residence; may be absent for up to 1 year during any 3 year period May request exceptions from the Zoning Administrator with Minor Use Permit ParkingNo on-site parking required

Analysis – Existing Units Topic Administrative Standards (Staff-level review) Exceptions? SizeNo minimum or maximum size No exceptions Floor AreaUp to 500 square feet exempted. Any additional square footage beyond 500 square feet shall be counted as floor area for future development. No exceptions Building Coverage/ Impervious Surfaces Documented but not counted in determining if the unit is eligible for amnesty. Counted for future development of the property. No exceptions SetbacksDocumented but not counted in determining if the unit is eligible for amnesty. No exceptions

Analysis – Existing Units Topic Administrative Standards (Staff-level review) Exceptions? Effect of Conversion Conversion of ADU: demonstrate compliance and re-credit any Floor Area waiver No exceptions Sunset Provision Valid until March 31, 2014 (end of current Housing Element cycle) City Council may extend amnesty period by resolution After Amnesty period ends all unpermitted ADUs subject to code enforcement No exceptions

Steps  September 5, 2012:Planning Commission Review  September 19, 2012:Planning Commission Recommendation  October 9, 2012:City Council- First Reading  October 23, 2012:City Council- Second Reading  November 23, 2012:Regulations become effective, if adopted Oct 23 Tonight

Staff Recommendations  Conduct a public hearing on the ADU Ordinance.  Introduce and read by Title only “An Ordinance of the City Council of the City of Sausalito Establishing Regulations for New Accessory Dwelling Units and an Amnesty Program for Existing Unpermitted Accessory Dwelling Units”, and continue the second reading to October 23, 2012.