1. Community Development Department May 2, 2016
9/22/2018
RESIDENTIAL ACCESSORY DWELLING AND HARDSHIP MOBILE HOMES TRAINING
Community Development Department
May 2, 2016
WELCOME

2. Community Development Department
Overview of Agenda
State Law Requirements
Leanne Mueller
Housing Element and General Plan Requirements
Zoning Code Requirements
Jessica Brandt
Potential Zoning Code Changes
Chris Pahule
May 2, 2016
Community Development Department

3. Community Development Department
State Law Requirements - Section
Legislature finds that:
second units are a valuable form of housing:
Housing for family members, students, elderly, in-home health care providers, disabled at below market prices
Homeowners benefit from added income and increased sense of security
Intent of Legislature is:
local ordinances have the effect of providing for the creation of second units
provisions in these ordinance related to matters of unit size, parking, fees etc. are not so arbitrary as to be excessive or burdensome so as to unreasonably restrict the ability of homeowners to create second units in zones in which they are authorized by local ordinance
May 2, 2016
Community Development Department

4. Community Development Department
State Law Requirements - Section
Local Ordinance may:
Designate areas where second units permitted – based on criteria (water, sewer adequacy, traffic impacts)
Impose standards e.g. parking, height, setbacks, lot coverage, architectural review, maximum size
Ensure don’t exceed allowable density
Prohibition by Local Ordinance only if
Formal written findings adopted based on substantial evidence identifying the adverse impact of second units on the public health, safety, and welfare
Acknowledging such action may limit housing in the region
Should explore feasible alternatives to mitigate and avoid the impacts
May 2, 2016
Community Development Department

5. Community Development Department
State Law Requirements - Section
May establish size limitations:
But, must at least allow an efficiency unit
Parking
May not exceed one space per unit or per bedroom
Additional parking may be required if finding that the required parking is directly related to the use of second unit and consistent with existing neighborhood standards applicable to existing units
May 2, 2016
Community Development Department

6. Community Development Department
Occupancy Requirements?
2003 State HCD Technical Assistance Paper provides the following guidance
May be susceptible to legal challenge
1984 Hubbart vs County of Fresno
voided local ordinance that required occupancy of the second unit be limited to persons related to the main units’ owner
Violated right to privacy
2001 Coalition Advocating Legal Housing Options v City of Santa Monica
Prevented non-dependant adult children or relatives as well as unrelated persons but permitted dependents and caregivers
Declared unconstitutional under right to privacy and equal protection clauses
Can include income restrictions on occupancy of a second unit to ensure creation of affordable housing
Can require one of the dwellings on the property to be owner-occupied – as long as the overall ordinance encourages the creation of second units as opposed to restricting them
May 2, 2016
Community Development Department

7. Community Development Department
Housing Element and General Plan Requirements
Policy HE – Support the development of residential accessory dwelling units as a means to increase the overall supply of affordable housing
Implementation Measure E12
Promote residential accessory dwellings and encourage their construction
Encourage through the new zoning code by reducing minimum lot standards and removing planning entitlement requirements from some projects
Measures supports policy and policies for housing for seniors and special needs groups
May 2, 2016
Community Development Department

8. Community Development Department
Zoning Code Requirements
What properties qualify for a Residential Accessory Dwelling (RAD)?
Agricultural, Agricultural-Residential, Residential properties with one existing residence (Table 3.2- Allowed Accessory Uses).
Properties must be at least 5,200 square feet in size to allow a maximum 400 square foot RAD, with more lot area required for progressively larger RADs (Table 5.11).
Lot Size (Square Feet)
Maximum Permitted RAD size (Square Feet)
5,200-8,500
400
8,501-10,000
500
Greater than 10,000
600
May 2, 2016
Community Development Department

9. Community Development Department
Zoning Code Requirements
When does a RAD require a Conditional Use Permit (CUP)?
Larger floor areas [than 600 sq. ft.] may be considered via a CUP from the Zoning Administrator, but in no event shall accessory dwellings be larger than 1,200 square feet of habitable floor area (SZC Section C.5.a).
The appropriate authority may apply additional conditions to a CUP relative, but not limited to, dwelling size, location, access, height, etc., if special circumstances arise requiring such mitigation of anticipated adverse impacts to neighboring residences (SZC Section C.6).
May 2, 2016
Community Development Department

10. Community Development Department
Zoning Code Requirements
What are the development standards for RADs?
Relevant sections of Table 5.10
Standard
Accessory Use- RAD
Maximum Height
16 feet (14 feet to plate)
Number of Stories
One
Setbacks
Same as primary structure
Setback from primary residence
10 feet
Parking
One space per bedroom
Driveway
Meet BID standards
May 2, 2016
Community Development Department

11. Community Development Department
Zoning Code Requirements
What standards can a RAD deviate from and how?
Height:
A RAD may be greater than 16 feet in height, provided a finding is made that no detrimental impact to neighbors.
A RAD can be above a detached garage or barn, but cannot in and of itself be two stories in height.
Setbacks:
A RAD may reduce setbacks to the minimum allowed for primary dwelling. May also request that RAD be attached to the primary dwelling.
Requires a Special Development Permit, heard by the Zoning Administrator in combination with the CUP.
May 2, 2016
Community Development Department

12. Community Development Department
Zoning Code Requirements
What if we see one of the following situations?
Request to transition an existing house to a RAD and build a new one.
Legitimate request; provided existing house can meet RAD standards and lot is of required size.
A request appears to include potential rental of the RAD.
Legitimate request: Zoning Code does not prohibit rental of RADs or require that those inhabiting them be related to the property owner.
CPAC can recommend a condition be placed on the approval that the RAD be inhabited by family, but applicant must agree and hard to enforce.
Request is an attached unit.
Unclear. Potential amendments to SZC discussed next.
May 2, 2016
Community Development Department

13. Community Development Department
Potential Zoning Code Changes
Rationale for potential RAD amendments to SZC
Current SZC needs clarification
Better definition needed for non-habitable accessory structures
Contractors currently able to avoid UP and fees based on current SZC
Attached RADs currently need SDP and no standards in SZC
Address issues with creation of duplexes
May 2, 2016
Community Development Department

14. Community Development Department
Potential Zoning Code Changes
Limit accessory structures (cabanas, workshops, pool houses) in residential zones to no more than two or three plumbing fixtures
Only habitable accessory structures (guesthouse, accessory mobile homes, residential accessory dwelling) can have more than two plumbing fixtures
Attached RAD
Remove SDP provision
Add detailed Development Standards section
Intent is provide clear guidance to our customers while preserving community identity
Explore owner-occupancy provisions
May 2, 2016
Community Development Department

15. THANK YOU FOR YOUR CONTRIBUTIONS
Questions/Comments
THANK YOU FOR YOUR CONTRIBUTIONS
May 2, 2016
Community Development Department