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5A Public Hearings 2017 0320
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5A Public Hearings 2017 0320
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CM City Clerk-City Council - Document Type
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3/20/2017
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File Number: 17-123 <br />equivalent improvement to the primary residence without an ADU <br />·Cities are given the opportunity to limit the use of ADUs as short-term rentals <br />·Local agencies may not collect water and sewer connection fees for ADUs that do not <br />add habitable floor space, and must structure fees for other types of ADUs so they are <br />proportional to the impacts on service demand. <br />Current Allowances for Accessory Dwelling Units (ADUs) in San Leandro <br />In July 2003, the San Leandro City Council established Zoning Code regulations to allow <br />ADUs “by right” (i.e., via the ministerial action of issuing a building permit) if the proposal met <br />parameters related to size, height and building coverage, setbacks, parking, and occupancy. <br />The maximum floor area of an ADU was established at 450 square feet or 30% of the <br />principal dwelling’s floor area, whichever was less. <br />In 2012, ADU regulations were amended to implement policies in the 2010 San Leandro <br />Housing Element. Specifically, the City adopted a sliding scale for the size of ADUs based on <br />lot size. For attached ADUs (ADUs within the “envelope” of an existing home, or created <br />through an addition to an existing home), the revised regulations included a size limit equal to <br />10% of the lot area or 50% of the principal dwelling’s heated floor area, whichever was <br />smaller, with a maximum unit size of 750 square feet (SF). For detached ADUs (accessory <br />structures), a minimum lot size of 10,000 SF was established for ministerial approval. A site <br />plan review process was created for detached units on smaller lots, with a square foot <br />maximum ranging from 500 to 750 SF. <br />SB 1069 and AB 2299 effectively rendered some of the City’s standards unenforceable as of <br />January 1, 2017. For example, State law allows ADUs to be up to 1,200 square feet or 50% <br />of the floor area of the principal residence, whichever is less, on all single family residential <br />properties. The regulations laid out below would establish a new set of size requirements and <br />would only allow the State maximum to be achieved on large lots. <br />Analysis <br />PROPOSED REGULATIONS <br />This section of the staff report outlines the proposed regulations for ADUs in the City of San <br />Leandro. It is organized into four sections: <br />·An overview of how the regulations are organized <br />·A discussion of what has not changed (e.g., what is being carried forward from existing <br />Section 2-576) <br />·A discussion of proposed changes to Section 2-576 <br />·A discussion of other changes to the Zoning Code to ensure internal consistency with <br />Page 3 City of San Leandro Printed on 3/13/2017 <br />20
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