AgdaPkt 2020-02-10 Joint Planning Commission Study Session

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3.A - Page 5 of 23 to implement an owner occupancy requirement for JADUs where the owner may reside in either of the units and record a deed restriction on the property. Multifamily ADUs Prior to January 1, 2020, State law did not require cities to allow ADUs on a lot with a multifamily structure. As of January 1, 2020, State law now requires cities to allow at least one ADU per duplex or multifamily lot and up to 25% of the existing units in a multifamily dwelling. While multifamily structures would not be able to expand, property owners are allowed to convert existing non -living space into ADUs, including storage rooms, boiler rooms, passageways, attics, basements, and garages. Additionally, construction of two detached ADUs of at least 800 sq. ft. with 4 ft. side and rear setbacks and of at least 16 ft. in height are allowed on duplex or multifamily lots. ADUs would not be allowed as attached additions to duplexes and multifamily dwellings. Per pre-existing State law, ADUs are not counted towards the allowable density for a lot and ADUs are considered a residential use that is consistent with the General Plan and zoning. Additionally, as of January 1, 2020, cities cannot require correction of nonconforming zoning conditions as a condition of approval for ADUs. Nonconforming duplexes and multifamily units would be allowed to convert specified interior space to ADUs and add two detached ADUs, regardless of conformity with lot width, lot size, and density regulations, including density. Policy Discussions: Height Prior to January 1, 2020, State law provided that setbacks of no more than five feet from the side and rear lot lines would be required for an ADU that is constructed above a garage. As of January 1, 2020, the State law removed this language. Accordingly, the City is now only required to allow an ADU to be constructed above a garage where it involves the conversion of existing space in that location. Therefore, allowing the construction of new space above a garage for an ADU becomes a policy choice for the City. The City's 2019 ADU Ordinance allows a detached one-story ADU of up to 14 ft. in height and second -story ADU above a detached garage of up to 20 ft. in height plus additional height for roof slope. State law no longer requires cities to allow ADUs above detached garages and instead requires cities to allow at least of 16 ft. in height for detached ADUs. In addition, State law removed a number of barriers for one-story ADUs, such as exempting ADUs from lot coverage (discussed below), reducing setbacks, and prohibiting replacement parking if garages are converted to ADUs. While State law establishes the minimum height for ADUs at 16 ft., cities may allow taller ADUs. While discretionary review is prohibited, the City can establish objective design standards. In 2019, 13 of the 75 ADUs applied for (17%) were second -story ADUs above detached garages. Staff seeks direction on whether to establish 16 ft. as the minimum and maximum for detached ADUs, which is the minimum allowed by State law, or to voluntarily allow taller ADUs and establish objective design standards to address concerns relating to privacy, streetscape, and neighborhood compatibility (potentially similar to the 2019 City ADU ordinance design criteria). Given the short processing time and complexity of the city's review of mandated requirements, staff would suggest that keeping additional Page 5 of 10 City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.org 11