AgdaPkt 2003-10-13 - Laserfiche WebLink

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�o.�-z is not required in order to provide affordable housing; and b) the incentive or concession would have a specific adverse impact (as defined in the Govemment Code) and for which there is no feasible method to satisfactorily mitigate or avoid the adverse impact without making the development unaffordable to low and moderate income households. Finally, the new law requires that when calculating a density bonus all fractional remainders are rounded up. Accessorv Dwellin4 Units The new law also requires that accessory dwell�ng units (sometimes referred to as second units , in law units or granny flats ) must now be processed via a "ministerial" (by-right) process rather then a"discretionary process°. Staff would have to review the application by strict objective criteria ("yes/no" questions) with no discretion. Staff is proposing no change to the Ciry's requirements for accessory dwellings (e.g. size of units, number of parking spaces, etc.) because these conditions are already measurable and objective. However, there is a current requirement for an "Architectural PermiY' for accessory dwellings (i.e. meaning design review of the unit) and this may be deemed "discretionary" or subjective. For that reason, staff will be eliminating Architectural Permit review for one story units. (Most, of the accessory dwelling units are one-story, located in the rear of the structure, and typically conform to the architecture of the main house). However, staff still psans to require an Architectural Permit for second story units because of their higher visibility. But, in keeping in the spirit of the new law, staff will establish specific and measurable design criteria for these second story accessory dwelling units. Those criteria are currently being developed by staff. Initiation of Amendments Finally, under Article 41 of the Zoning Ordinance (Amendments), staff currently cannot initiate amendments to the Zoning Ordinance. Only the Planning Commission, City Council or applicant can initiate such changes. The proposed change would also allow staff to initiate amendments. As is currently done, staff will still present any amendment to both the Planning Commission and City Council for its review and approval. Based on past history, these new laws will have little impact, if any, to the City's development process. The City has never received an application for a density bonus from a private developer. Also the City only processes approximately 5- 10 accessory units per year and these new units usually have been able to meet the City's requirements. PLANNING COMMISSION ACTION The Planning Commission reviewed the proposed amendments on August 5, 2003, and unanimously recommended approval of all the amendments to the City Council. z