AgdaPkt 2020-02-10 Joint SA PFA - Laserfiche WebLink

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A - Page 19 of 23 21 Elements 4. Review/Approval Process Q - Can a city require that they first obtain a ministerial ADU permit with the Planning Division (no neighborhood notification or public hearing required) and then submit for a building permit? Yes, you can still require a ministerial Planning Division permit if you meet the 60 day timeline. You could also have a neighbor notification requirement as long as it does not slow the approval process. Although neighbor notification could be required, most agencies avoid this because compliant ADUs must be approved regardless of the impacts on the neighbors. There are pros and cons to this approach. Q - What is the definition of "completed application"? Completed application is not defined. The most reasonable interpretation is that it is a 'complete application.' Q - Clarify 60 -day shot clock tolling. Are the 60 -days tolled when the jurisdiction has provided comments to the applicant? The 60 day deadline applies to complete applications, and likely the application is not complete if there are unanswered comments or questions. If the application is incomplete, the 60 -day deadline hasn't started. The 60 day time limit can be tolled if the homeowner requests the delay. Q. Would discretionary review or subjective design standards be permitted for ADUs voluntarily allowed above and beyond the State requirements. For example, new ADUs over detached garages. While a SFH is being reviewed discretionally, can the city toll the review of the attached ADU? Would this include reviews that require public hearings? The statute requires that all ADUs be approved ministerially. However, if the ADU is not compliant with local rules (and the local rules match the state rules), cities could provide a discretionary application for a variance or other exemption procedure separate from ADU approval. The 60 day timing would not apply if the ADU does not meet the rules and the homeowner is applying for an exemption. If an ADU is proposed in connection with a new single-family home, the statute provides that the agency should first complete the review of the new single-family home and then approve the ADU within 60 days. An occupancy permit can't be issued for the ADU until an occupancy permit is obtained for the single-family home. 367