AgdaPkt 2019-08-26 Joint SA PFA - Laserfiche WebLink

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S.A. - Page SUM homes can further the goals of neighborhood quality and accommodate diverse family and multi- generational needs. Currently, one-story ADUs on hillside lots may require review with a public hearing based on the lot slope or total gross floor area. This process for one story ADUs in hillside areas is inconsistent with one-story ADUs elsewhere in Redwood City and creates additional time and cost to process applications for one story ADU development having minimal impacts. Consistency with State Law The City needs to ensure that its regulations do not unduly restrict ADUs in a manner inconsistent with its adopted building code and State law. Inconsistency could make the entire ordinance null and void, including proposed limitations to bulk and height created to address neighborhood concerns. There has been significant discussion regarding the State law, as the wording of the law's provision regarding construction of a new ADU above a garage is unclear. Due to the State law's lack of clarity, the Planning Commission requested that staff contact the State of California Department of Housing and Community Development (HCD) to obtain an interpretation on the intention of the State ADU law (Government Code Section 65852.2), and whether it is possible to ban second story ADUs above garages and still comply with State ADU law. Staff received a letter on June 5, 2019, from HCD (Attachment C), which elaborates further, as follows: • The City cannot burden or unreasonably restrict the development of ADUs, nor can it prohibit ADUs within existing space above a garage. • With regard to new ADU development above a garage: o Development standards cannot be excessively burdensome so as to unreasonably restrict ADU construction; o Maximum unit sizes under 500 square feet are generally considered burdensome depending on the circumstances; o Other standards and design rules can address height concerns; o Not allowing ADUs above garages may be inconsistent with the City's Housing Element; and, o HCD is authorized to review actions or inactions inconsistent with the Housing Element. The HCD memo is not legally binding but rather is an advisory document. While the City continues to interpret State law as requiring allowance of new ADU space above a garage, the HCD guidance letter provides clarification on the limits of the City's discretion concerning ADUs generally. The HCD letter specifies that not allowing ADUs over garages may be inconsistent with Program H-12 of the Housing Element, which includes an objective to review and consider revising development standards for second units to facilitate the development of more second units, including allowing units to be built over detached garages (Page H-160). HCD specified that cities cannot impose development standards that excessively burden and unreasonably restrict development of ADUs or the local ADU ordinance is null and void. Other Planning Commission Considerations At the Planning Commission public hearing, the public voiced a variety of opinions, including support of the amendments, desire for stricter limitations on two story ADUs, as well as opposition to additional EJ City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.ore 24Z