ACCESSORY DWELLING UNIT REGULATIONS ZOA Tuesday, November 13, 2012

Background  Accessory Dwelling Units  Attached/Detached ancillary living unit  Smaller in size  Policy in Housing Element to adopt regulations  Working Group Meetings (subcommittee of HETF) Chair Joan Cox Vice-Chair Ray Withy Member Kim Stoddard  Planning Commission (Sept. 5, Sept. 19)  City Council (October 9, October 23)

Discussion Issues  Issue 1: Parking Waiver  Ordinance: Parking waiver for properties parking not feasible parking study provided main unit provides required parking  Issue: Additional incentive to create deed restricted units desired  Suggestion: Additional parking waiver for properties where parking is feasible in exchange for affordability covenant  Pros: Cost of construction may be prohibitive, even if parking is “feasible”  Cons: When covenant expires, parking still deficient  Staff Recommendation: Council provide policy direction (modified language – page 2)

Discussion Issues  Issue 2: Amnesty Parking  Ordinance: Parking not required for amnesty unit  Issue: No incentive for existing parking to be retained  Suggestion: Require any existing parking to be retained  Staff Recommendation: Make this change to ordinance (language incorporated into draft ordinance and provided on page 3)

Discussion Issues  Issue 3: Garage Conversion  Ordinance: Conversion of garage not prohibited  Issue: Garage conversion should be prohibited; on-site parking would be removed  Suggestion: Prohibit garage conversion  Staff Recommendation: If garage is converted replacement parking required. Could discourage use of existing buildings to create ADUs. No modifications to ordinance are necessary

Discussion Issues  Issue 4: Exceptions and Affordability Restrictions  Ordinance: Exceptions from size allowed in exchange for affordability restriction  Issue: Exceptions from floor area, building coverage, setbacks allowed with CUP but do not require affordability restriction  Suggestion: Exceptions for FAR, building coverage and setbacks should require affordability restriction  Pros: Could result in additional deed restricted ADUs  Cons: Could be a deterrent to development of an ADU; Some ADUs will be affordable just based on their size  Staff Recommendation: Council provide policy direction (modified language – page 4 and 5)

Discussion Issues  Issue 5: Privacy  Ordinance: Objective standard windows/decks/doors not directly opposite and do not overlap  Suggestion: Discretionary privacy standard for Design Review projects should apply  Cons: standard is not objective  Staff Recommendation:  Do not incorporate this change  Incorporate an exception for privacy with a CUP- discretionary privacy standard for Design Review projects could apply (language incorporated into draft ordinance and provided on page 6)

Discussion Issues  Issue 6: Submittal Items  Ordinance: Does not contain submittal checklist  Issue: A list should be included  Staff Recommendation: Make this change to ordinance (language incorporated into draft ordinance and provided on page 7)

Discussion Issues  Issue 7: Noticing  Ordinance: Noticing not required  Issue: Notice should be provided  Suggestion: Add a noticing requirement  Cons: Ministerial process required by state  Staff Recommendation: Council provide policy direction (modified language – page 7)

Discussion Issues  Issue 8: FAR Waiver  Ordinance: Conflict in Amnesty ADU section  Issue: FAR Waiver language was removed, but a reference to it remains in the “conversion” section  Suggestion: Remove reference  Staff Recommendation: (language incorporated into draft ordinance and provided on page 8)

Discussion Issues  Issue 9: Minor Edits  Issue: Minor edits for language clarification and typos made to document  Staff Recommendation: (language incorporated into draft ordinance)

Issue Summary IssueTopicAction 1Parking exception for properties with available parking in exchange for affordability covenant Policy direction from Council required (see Issue 1 for draft text) 2Amnesty ADUs which can provide parking must retain parking Staff recommended- language incorporated into draft ordinance 3Prohibit conversion of garage for an ADUStaff does not support 4Exceptions from floor area, building coverage and setbacks only allowed in exchange for affordability covenant Policy direction from Council required (see Issue 4 for draft text) 5Add privacy exception for review by Planning Commission Staff recommended- language incorporated into draft ordinance 6Add submittal checklist to ordinanceStaff recommended- language incorporated into draft ordinance 7Add a noticing requirement to ordinancePolicy direction from Council required (see Issue 7 for draft text) 8Floor area waiver for amnesty ADUsStaff recommended- language incorporated into draft ordinance 9Minor clean-up editsStaff recommended- language incorporated into draft ordinance Policy Decision Recommended/Staff Incorporated Not Recommended

Steps  September 5, 2012:Planning Commission Review  September 19, 2012:Planning Commission Recommendation  October 9, 2012:City Council- Review  October 23, 2012:City Council- Review  November 13, 2012:City Council- First Reading  November 27, 2012: City Council- Second Reading  December 27, 2012:Regulations become effective, if adopted November 27 Tonight

Staff Recommendations  Staff recommends the City Council take the following actions:  Review the issues identified in the staff report and provide policy direction on Issues 1, 4 and 7.  Conduct a public hearing on the Accessory Dwelling Unit Regulations 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 the November 27, 2012 meeting.