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

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

Community Development Department State Law Requirements - Section 65852.150 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

Community Development Department State Law Requirements - Section 65852.2 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

Community Development Department State Law Requirements - Section 65852.2 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

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

Community Development Department Housing Element and General Plan Requirements Policy HE 5.2.4 – 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 5.2.4 and policies for housing for seniors and special needs groups May 2, 2016 Community Development Department

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

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 5.4.5.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 5.4.5.C.6). May 2, 2016 Community Development Department

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

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

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

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

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

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