5A Public Hearings 2017 0320 - Laserfiche WebLink

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File Number: 17-123 ·Residential site plan review standards still apply ·A deed restriction will be required prohibiting the sale of an ADU as a separate parcel or dwelling unit. New or Changed Provisions The following provisions of Section 2-576 are new or changed from the existing requirements: ·All references to “secondary dwelling units” have been changed to “accessory dwelling units,” as required by the new State legislation ·A definition of ADU matching the current Government Code is at section 2-576(A) ·Approval of an ADU that meets all design and development standards of Section 2-576 is required within 120 days of receipt of a complete application (2-576(C)). This is now required by the Government Code. ·Detached ADUs of 750 square feet (SF) or smaller will undergo ministerial review on lots between 7,500 and 10,000 SF (such units are currently discretionary and require Site Plan Review). ·In accordance with the Government Code, the new regulations allow ADUs up to 1,200 square feet (SF). However, such units would only be permitted on lots larger than 40,000 SF. There are very few single-family residential lots in the city in this size category. The regulations also allow ADUs up to 1,050 SF on lots between 20,000-39,999 SF and ADUs up to 900 SF on lots between 10,000-19,999 SF. There are a relatively small number of lots in these size categories. ·The Government Code explicitly states that ADUs may not be counted as new dwelling units when determining consistency with General Plan and zoning densities. This provision was deleted from Section 2-576. ·In the RS, RS-VP, and RO zones, the owner of the ADU must currently reside on the property, either in the principal residence or in the ADU. Staff and the Planning Commission recommend this provision should be removed and the proposed language does not include a requirement for owner occupancy. ·Section 2-576(D)(4)(a) prohibits new ADUs above the roofline of the first floor of a residence unless they are contained entirely within the envelope of the existing residence. An applicant would need to go through the Site Plan Review process (a discretionary process) to add a second story, and then convert that space to an ADU once it was completed. ·Section 2-576(D)(5) and (6) include new provisions for parking. These provisions are now required by the Government Code, and effectively exempt ADUs from all off-street parking requirements if they are located: Page 5 City of San Leandro Printed on 3/13/2017 22