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2. Conversion of the Garage – Allowing existing garages to be converted to ADUs. <br />Replacement parking may be located on the driveway and in a tandem <br />configuration. <br /> <br />3. Location of the ADU – Allowing conversion of existing accessory buildings to an <br />accessory dwelling unit, regardless of setback. State law mandates that cities <br />allow existing garages within any setback to be converted to an ADU. In <br />December 2015, City Council adopted standards that distinguished between the <br />rear yard setback of 6 feet for an accessory building and 10 feet for an ADU. <br />With the new law allowing conversions of existing garages, ADUs may be <br />created as close as 6 feet or less to the rear or side property line. However, the <br />City may still control the setbacks for new construction. <br /> <br />This item was discussed at the Planning Commission hearing, and concerns <br />were raised about the inconsistency between the two setback standards, and the <br />possibility of converting an accessory building into an ADU as described below. <br />Staff and the Planning Commission discussed alternatives, however, State law <br />does not provide opportunity for discretion in this regard. <br /> <br />State law also mandates that cities ministerially approve an application for a <br />building permit to create an ADU if the unit is contained within the existing space <br />of an accessory structure and the side and rear setbacks are sufficient for fire <br />safety. The draft ordinance implements this requirement as well. <br /> <br />4. Height – Allow an ADU to be built on top of a garage, within 5-foot minimum <br />setbacks from the side and rear yard. This is a significant change in policy, as <br />current requirements limit accessory buildings to one story, and two-story ADUs <br />require a 20-foot rear setback. Per State law, this provision would be amended to <br />allow two-story detached buildings that contain an accessory dwelling unit. Other <br />types of detached accessory buildings will remain limited to one-story. This item <br />was discussed at the Planning Commission hearing, as some speakers were <br />requesting clarification about the necessity of allowing a second story. Staff has <br />analyzed the law and HCD guidance closely and finds that this is necessary, but <br />has slightly modified the language to closely mimic state law, which specifies a <br />second story ADU above a garage. It now states that “If an ADU is constructed <br />above a garage,” then the second-story setbacks must be a minimum of five feet <br />and the maximum height is 28 feet. Clarifications through additional bills or case <br />law may provide further guidance. <br /> <br />5. Applicable Requirements – The ordinance must specifically reference any other <br />Zoning Ordinance provisions that apply to ADUs. Additional provisions for <br />supplementary setbacks, stormwater treatment, and historic preservation have <br />been added. For completeness, staff has also added minor provisions from state <br />law regarding the applicability of residential density requirements and how <br />efficiency units and manufactured homes may be considered as ADUs. <br /> <br />8.B. - Page 3