2022/11/10 Planning Commission Agenda Packet�A
City of Rohnert Park
Planning Commission
NOTICE IS HEREBY GIVEN THAT A MEETING
will be held on Thursday, November 10, 2022
6:00 P.M.
CITY HALL - COUNCIL CHAMBER
130 Avram Avenue, Rohnert Park, California
To any member of the audience desiring to address the Planning Commission:
For public comment on items listed or not listed on the agenda, or on agenda items if unable to
speak at the scheduled time, you may do so upon recognition from the Chairperson.
Please fill out a speaker card prior to speaking.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
(Austin -Dillon Blanquie Lam Orloff Striplen____)
4. PUBLIC COMMENT — Persons who wish to speak to the Commission regarding an
item that is not on the agenda may do so at this time. Please see above for details on how
to submit public comments.
5. CONSENT CALENDAR - ADOPTION OF MINUTES
5.1 Approval of the Draft Minutes of the Planning Commission Meeting of October
27, 2022
Commissioner Motion/Roll Call Vote:
(Austin -Dillon Blanquie Orloff Striplen Lam
6. AGENDA ITEMS
6.1 PUBLIC HEARING: Consider an Ordinance Amending Rohnert Park
Municipal Code Title 17 Zoning in Response to Recent Changes to State Law
Concerning Accessory Dwelling Units and Junior Accessory Dwelling Units
(CEQA Status: exempt, Pub. Res. Code 21080.17)
7. ITEMS FROM THE PLANNING COMMISSION
8. ITEMS FROM THE DEVELOPMENT SERVICES STAFF
9. ADJOURNMENT
Appeals of any decisions made tonight must be received by the Planning Division within 10
days and no later than 5:00 p.m. on November 21, 2022.
NOTE: If you challenge the nature of the proposed action in court, you may be limited to
raising only those issues you or someone else raised at public hearing(s) described in this agenda,
or in written correspondence delivered to the City of Rohnert Park at, or prior to the public
hearing(s).
AMERICAN DISABILITY ACT ACCOMMODATIONS: Any member of the public who
needs accommodations should email the ADA Coordinator at jcannonArpcity.or or by calling
707-588-2221. The ADA Coordinator will use their best efforts to provide reasonable
accommodations to provide as much accessibility as possible while also maintaining public
safety in accordance with the City procedure for resolving reasonable accommodation requests.
Information about reasonable accommodations is available on the City website at
htt s:llwww. eit .or cit hall/departments/human resourcesla d a and accessibility resources
CERTIFICATION OF POSTING OF AGENDA
I, Clotile Blanks, Community Development Technician, for the City of Rohnert Park, declare
that the foregoing notice and agenda for the November 10, 2022 Planning Commission Meeting
of the City of Rohnert Park was posted and available for review on November 4, 2022 at Rohnert
Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is available on
the City of Rohnert Park's website at www.rpcity.org.
Signed this 4th day of November, 2022 at Rohnert Park, California.
CLotUe gLawJzs
Minutes of the Planning Commission Meeting
of the City of Rohnert Park
Thursday, October 27, 2022
6:00 P.M.
130 Avram Avenue, Rohnert Park
1. CALL TO ORDER
Acting Chairperson Blanquie called the regular meeting'to order at 6:00 p.m.
2. PLEDGE OF ALLEGIANCE
Led by Acting Chairperson Blanquie.
3. ROLL CALL
Present: Tramaine Austin-Dillion, Commissioner
Daniel A. Blanquie, Commissioner
Marc Orloff, Commissioner
Charles Striplen, Vice Chairperson
Absent: Fanny Lam, Chairperson
4. PUBLIC COMMENT
None.
5. CONSENT CALENDAR - ADOPTION OF MINUTES
5.1 Approval of the Draft Minutes of the Planning Commission Meeting of October 13, 2022
ACTION: Moved/seconded (Orloff/Striplen) to adopt Minutes of the Planning Commission
Meeting of October 13, 2022.
Motion carried by the following (4-0-1) roll call vote: AYES: Blanquie, Orloff, Austin-Dillion,
Striplen and; NOES: None; ABSENT: Lam; ABSTAIN: None.
6. AGENDA ITEMS
6.1 STUDY SESSION — Municipal Code Amendment — Outdoor Dining Areas — Discussion and
Direction
Jeffrey Beiswenger, Planning Manager provided a power point presentation on proposed
amendments to the Municipal Code, Title 17, Chapter 17.07, Land Use Footnotes, S. Outdoor
and Sidewalk Cafe.
Key topics of discussion included: current outdoor regulations, Covid response to outdoor
dining, movement towards expanding the outdoor dining experience and outdoor area scenarios.
The Commission participated in the discussion and offered the following comments:
■ Supports outdoor dining and canopies with Public Safety involvement for traffic safety;
Planning Staff should consider property owners to get their informed consent;
® Supports Food Trucks one night a week in approved locations throughout Rohnert Park;
a Explore how Planning Staff will consider equity" 'issues with multiple businesses who
want outdoor seating;
• Consider Rohnert Park is part of the Redwood Empire Municipal Insurance Fund and
probably should have some risk management controls that have been afforded to a
number of other cities that they are involved with and those should be explored and
incorporated into our analysis of :the opportunities that businesses are presenting to the
City. Encourages Planning Staff to look into that and how "they have codified them.
• Supports the requirement of Building Permits if a permanent roof is approved;
• Planning Staff should consider and meet ADA requirements for outdoor dining areas.
ACTION: Staff received comments and direction from the Planning Commission.
7. ITEMS FROM THE PLANNING COMMISSION
8. ITEMS FROM THE DEVELOPMENT SERVICE STAFF
9. ADJOURNMENT
Commissioner Blanquie adjourned the regular meeting at 7:05p.m.
Chairperson
Recording Secretary
City of Rohnert Park
Planning Commission Report
Meeting Date: November 10, 2022
Item No: 6.1
Prepared By: Jeffrey Beiswenger, AICP, Planning Manager
Agenda Title: PUBLIC HEARING: Consider an Ordinance Amending Rohnert Park
Municipal Code Title 17 Zoning in Response to Recent Changes to State
Law Concerning Accessory Dwelling Units and Junior Accessory
Dwelling Units (CEQA Status: Exempt, Pub. Res. Code 21080.17)
Location: City of Rohnert Park, All Residential Zoning Districts
RECOMMENDED ACTION: Hold a public hearing and consider recommending that the City
Council approve changes to Rohnert Park Municipal Code (RPMC) Section 17.07.020 —
Footnotes (Subsection X — Accessory Dwelling Units) to implement changes to State law related
to Accessory Dwelling Units and Junior Accessory Dwelling Units.
BACKGROUND: Accessory Dwelling Units (ADUs), also called secondary dwelling units, in-
law apartments, or granny units, are an important housing resource for communities in
California. ADUs can be created by converting a portion of existing living space in a single-
family home to a separate dwelling unit (which is often called a Junior Accessory Dwelling Unit
(JADU), adding space to an existing home (for example, an apartment over a garage) or
constructing a detached structure.
The state has defined the housing shortage in California as an issue of statewide significance and
identified increased development of ADUs and JADUs as one approach to increasing the
housing supply. In October 2019, the governor signed into law Assembly Bill 68, Assembly Bill
881 and Senate Bill 13, which change and place limits on local agency discretion around the
permitting of ADUs. In addition, the state legislature approved and the Governor signed
Assembly Bill 671 requiring local agencies to develop a plan to incentivize the creation of ADUs
that are offered to very low, low, and middle -income households. These bills became effective
January 1, 2020.
Since January 1, 2020 city regulations have:
• Required the approval or denial of applications for ADUs within 60 days of receiving a
completed application (unless the application is proposed in conjunction with an
application for a new single-family dwelling);
• Allowed ADUs in all areas zoned for residential uses;
• Allowed for ministerial approval of:
o Conversion of existing space into ADUs within existing multi -family projects,
requiring local jurisdictions to allow at least one new unit per building or 25
percent of the existing units, whichever is greater;
o Two new detached ADUs on lots with a multi -family dwelling 4-foot side and
rear setbacks;
o One ADU or Junior ADU within the space of a proposed or existing single-family
dwelling or accessory structure, provided that there will be independent exterior
access to the unit and sufficient side and rear setbacks for fire and safety,
notwithstanding any other local development standards;
o One new detached ADU on each single-family lot, notwithstanding other local
development standards, but subject to a size limitation of 800 square feet;
• Exempted ADU projects from lot size restrictions;
• Established special height limits for ADUs;
• Allowed for the construction of 800 square foot ADU, with any necessary exemptions to
lot coverage, floor area ratio, or open space with 4-foot rear and side setbacks;
• Required owner occupancy in the primary dwelling or ADU for new ADUs between
January 1, 2020 and January 1, 2025;
• Exempted ADUs from parking requirements:
• Allowed for ADUs less than 850 square feet for a studio or one -bedroom unit or 1,000
square feet for an ADU with more than one bedroom;
• Exempted ADUs from fire sprinkler requirements if they are not required for the primary
residence;
• Exempted ADUs less than 750 square feet from impact fees and limited fees on ADUs
over 750 square feet to be charged proportionately in relation to the square footage of the
primary dwelling unit on the same lot.
In response to Assembly Bill-345 adopted in the 2021 California legislative session, as well as
Assembly Bill-2221 and Senate Bill-897, adopted in the 2022 California legislative session,
additional changes are mandated to local regulations that apply to Accessory Dwelling Units.
ANALYSIS: The City of Rohnert Park's Municipal Code Section 17.07.020(X) "Accessory
Dwelling Units" has standards and language that must be updated to be compliant with new state
legislation. Staff recommends the following amendments to the Code to ensure compliance with
new state mandates:
• The removal of all subjective design or development standards, including a requirement
to match the architecture, style and color of the existing home.
• A clarification on when fire sprinklers are required. The construction of an ADU may not
trigger the requirement to install sprinklers in any existing dwelling unit, as expressly
stated in state law.
■ Increase in height limits, to those height limits that are required in state law.
• Exemptions to certain development standards (including allowing units to go into the
front yard setback) if needed to allow for an 800 square foot ADU.
■ A clarification related to attached garages. These are considered part of the single-family
residence for the purposes of establishing an ADU.
• Requirements related to adequate water and sewer service may be included.
Table 1 indicates the number of ADUs constructed in the past five years, which is very low
compared to other jurisdictions (e.g., the City of Santa Rosa permits approximately 100 ADUs
per year). The City has experienced a slight uptick in interest since the regulations were updated
in 2020.
Table 1
ADU Permits Issued
Source: 2018-2021 Housing Element, Annual Progress Keport
Given the lessening of restrictions, owners may show more interest in developing ADUs on their
property. The changes proposed with this code update may allow for more ADUs to "fit" on
constrained residential parcels and the streamlined processing and less stringent development
requirements may help reduce costs.
The State requires that regulations, consistent with state law are adopted and in place by January
1, 2022. The proposed amendments will keep the City in compliance with state law.
ENVIRONMENTAL REVIEW DETERMINATION. This ordinance is statutorily exempt
pursuant to Public Resources Code Section 21080.17 which exempts adoption of an ordinance to
implement regulations for accessory dwelling units pursuant to Government Code Section
65852.2.
PUBLIC NOTIFICATION: Since this is a change to the Municipal Code a public hearing is
required before the Planning Commission to consider a recommendation to the City Council.
This item been duly noticed by publication, in the Community Voice.
Planning Manager Approval Date: 11/03/22
Attachments:
1. Resolution 202214 Recommending to the City Council Amendments to Rohnert
Park Municipal Code Title 17 - Zoning with Respect to Accessory Dwelling Units
and Junior Accessory Dwelling Units.
Exhibit A — Proposed Amendments to RPMC Section 17.07.020(X) —
Footnotes
2. Proposed Amendments to RPMC Section 17.07.020(X) — Footnotes (REDLINE)
PLANNING COMMISSION RESOLUTION NO.2022-014
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK RECOMMENDING TO THE CITY COUNCIL AMENDMENTS TO THE
ROHNERT PARK MUNICIPAL CODE TITLE 17 — ZONING, SECTION 17.07.020
(FOOTNOTES) REGULATING ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS
WHEREAS, the State of California has established that a local agency may, by
ordinance, regulate the creation of accessory dwelling units and junior accessory dwelling units
in single family and multi -family residential zones, subject to certain state standards;
WHEREAS, the proposed amendments are in response to Assembly Bill-345 adopted in
the 2021 California legislative session, as well as Assembly Bill-2221 and Senate Bill-897,
adopted in the 2022 California legislative session, and which mandate specific changes to local
regulations that apply to accessory dwelling units;
WHEREAS, these modifications to state law, and by extension the RPMC, are intended
to incentivize the creation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling
Units (JADUs) by reducing of processing timelines, removing owner -occupancy requirements,
and establishing state-wide development standards for ADUs;
WHEREAS, the proposed changes to Title 17 Zoning (attached hereto as Exhibit A) are
consistent with the goals, policies, and implementation measures in the General Plan and
necessary to comply with state law;
WHEREAS, pursuant to California state law and the Rohnert Park Municipal Code, a
public notice was published in the Community Voice for a minimum of 10 days prior to the first
public hearing; and
WHEREAS, on November 10, 2022, the Planning Commission held a public hearing at
which time interested persons had an opportunity testify either in support of or opposition to the
revised proposal; and
WHEREAS; the Planning Commission reviewed and considered the Ordinance and
voted to adopt a resolution recommending approval of the proposed amendments to Title 17
Zoning of the Municipal Code with respect to ADUs and JADUs;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Rohnert Park makes the following findings, determinations and recommendations with respect
to the proposed revisions to Section 17.07.020 — Footnotes of the Rohnert Park Municipal Code
for the purpose of conforming to recently amended state law:
Section 1. The above recitations are true and correct.
Section 2. Findings. The Planning Commission hereby makes the following findings
with respect to adoption of this resolution:
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1. That the proposed amendments to the Municipal Code are consistent with the
General Plan 2020.
Criteria Satisfied. The new state law included in Government Code 65852.2,
explicitly states that accessory dwelling unit conforming to state standards shall, by
law, be deemed to be a residential use that is consistent with the existing general plan
and zoning designations for the lot, and shall not be considered to exceed the
allowable density for the lot upon which it is located.
In addition to this state declaration, the proposed amendments to the Municipal Code
are consistent with the General Plan 2020 Goals of maintaining a compact urban
form, and providing a range of housing types and prices. Specifically, Goal LU-A
(compact urban form) is promoted by a more efficient utilization of land, housing
stock, and infrastructure. Goal CD-H (variety of housing types and sizes) is promoted
by allowing smaller units in well -established neighborhoods. Goal HO-2 (diversity of
housing types) is promoted by the allowance for smaller residences. Goal HO-3
(affordable housing) is encouraged by allowing smaller accessory units.
2. That the proposed amendment to the Zoning Ordinance will be beneficial to the
public health, safety or welfare.
Criteria Satisfied. The proposed amendments to the municipal code are intended to
address public health, safety and welfare concerns created by the statewide housing
crisis. The changes will help improve community health outcomes, by reducing
overcrowding, providing additional workforce housing closer to job center and
reducing homelessness by expanding the availability of rental units. In addition, the
minimum standards for setback, unit size, and unit design ensure that ADUs
constructed in compliance with the municipal code will provide residents with safe
and habitat living space.
Section 3. Environmental Review. No California Environmental Quality Act
(CEQA) analysis is required for this action. The ordinance and amendments are statutorily
exempt from CEQA pursuant to Public Resources Code Section 21080.17 which exempts
adoption of an ordinance to implement regulations for accessory dwelling units pursuant to
Government Code Section 65852.2.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission
does hereby recommend that the City Council adopt the proposed amendments to RPMC Section
17.07.020 — Footnotes in the form provided in Exhibit A, subject to minor changes approved the
City Attorney or City Manager.
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DULY AND REGULARLY ADOPTED on this 1 Oth day of November, 2020 by the
City of Rohnert Park Planning Commission by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
AUSTIN-DILLON . BLANQUIE LAM ORLOFF STRIPLEN
Fanny Lam, Chairperson, Rohnert Park Planning Commission
Attest:
Clotile Blanks, Recording Secretary
Attachments: Exhibit A — 17.07.020 - Footnotes (replacement)
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Exhibit A
17.07.020 — Footnotes.
X. ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT
STANDARDS
1. Accessory dwelling units (ADUs) or junior accessory dwelling unit (JADUs) shall be
permitted with a certificate of zoning compliance, on any lot zoned to allow for a single-
family or multi -family residential uses, including mixed -use zones, subject to the
requirements of this subsection.
ADUs or JADUs shall not be sold separately from the primary structure on the lot nor
shall any subdivision of the land separating the ADU and the primary structure be
permitted by the City, except for a separate sale or conveyance as authorized under
Government Code section 65852.26. No separate sale of a JADU from the primary
structure, nor subdivision of the land separating a JADU and the primary structure be
permitted by the City.
3. The application for an ADU or JADU shall be considered ministerially without
discretionary review or a hearing within 60 days after receiving the application if there is
an existing single family or multi -family dwelling on the lot, unless the applicant requests
a delay. If the application for the ADU or JADU is proposed in conjunction with an
application for a new single-family dwelling or multi -family dwelling, the application
will be processed ministerially after the application for such dwelling unit(s) has been
acted on.
4. General Design Requirements
The following standards shall apply:
a. The ADU or JADU shall also comply with any objective standards in the City's
adopted design guidelines for residential development.
b. The maximum square footage limit for either an attached or detached ADU shall
be:
i. 850 square feet for an ADU with 1 bedroom or less.
ii. 1,000 square feet for an ADU with 2 bedrooms or more.
iii. For an attached ADU over 800 square feet constructed on a lot with an
existing primary dwelling unit, the total floor area of the attached accessory
dwelling unit shall not exceed 50 percent of the floor area of that existing
dwelling.
c. For ADUs larger than 800 square feet, the ADU together with the primary
residence shall not cover more than fifty percent of the lot area. No lot coverage
requirement shall be applied to an ADU of 800 square feet or less.
d. No passageway shall be required in conjunction with the construction of an ADU.
e. Fire sprinklers are only required in ADUs where they would also be required
under this Code for the primary dwelling. The construction of an accessory
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dwelling unit shall not trigger a requirement for fire sprinklers to be installed in
any existing dwelling.
f. The following height limits shall apply:
a. A height of 16 feet for a detached accessory dwelling unit on a lot with an
existing or proposed single family or multifamily dwelling unit.
b. A height of 18 feet for a detached accessory dwelling unit on a lot with an
existing or proposed single family or multifamily dwelling unit that is within
one-half of one mile walking distance of a major transit stop or a high -quality
transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code, subject to an additional two feet in height to accommodate a
roof pitch on the accessory dwelling unit that is aligned with the roof pitch of
the primary dwelling unit.
c. A height of 18 feet for a detached accessory dwelling unit on a lot with an
existing or proposed multifamily, multistory dwelling.
d. A height of 25 feet or the height limitation specified in Chapter 17.10 that
applies to the primary dwelling, whichever is lower, for an accessory dwelling
unit that is attached to a primary dwelling.
g. Any standard that does not allow for the construction of at least one ADU of at
least 800 square feet that meets four -foot side and rear setback requirements and
applicable height limits shall be not be imposed, including any minimum or
maximum size for an ADU, any setback requirement (including front yard
setback), size based on percentage of the proposed or existing primary dwelling
unit, or limits on lot coverage, floor area ratio, open space, lot size, or
landscaping. Only the minimum deviation needed to construct an 800 square foot
ADU shall be considered
Notwithstanding anything in this code to the contrary, any procedural requirement
such as zoning clearance or separate zoning review that does not allow for the
construction of at least one ADU of at least 800 square feet shall not be imposed
5. Streamlining Provisions and Exemptions
Except as provided for in this section 17.07.020.X(5), no more than one ADU and one
JADU shall be permitted per single-family, multi -family or mixed use lot in
compliance with all other requirements in this section. Notwithstanding the foregoing
limitation or anything in this code to the contrary, the Zoning Administrator and
Building Official shall cause certificates of zoning compliance and building permits to
be ministerially approved for the following projects:
a. For any lot with a proposed or existing single-family dwelling, one attached
ADU and one JADU shall be permitted when all of the following apply:
i. The ADU or JADU is within the existing or proposed single-family
dwelling or accessory structure. The limits of the "existing structure"
may include an expansion of not more than 150 square feet to
accommodate ingress and egress.
ii. The ADU or JADU has exterior access that is separate from the exterior
entrance for the proposed or existing single-family dwelling.
iii. The side and rear setbacks are sufficient for fire and safety.
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iv. The JADU, if applied for, meets all the requirements for JADUs
outlined in this section.
b. For a lot with a proposed or existing single family dwelling, one detached
ADU shall be permitted when all of the following apply:
i. Four -foot side and rear yard setbacks are maintained.
ii. The total height complies with the requirements of this section.
iii. The detached ADU may be combined with the JADU, described in
section 17.07.020.X(5)(a), provided all requirements for JADUs
outlined in this section are met.
c. For a lot with an existing or proposed multi -family dwelling, not more than
two detached ADUs shall be permitted when all of the following apply:
i. Four foot side and rear yard setbacks are maintained.
ii. The total height limit does not exceed 18 feet.
d. Conversion of portions of existing multi -family dwelling structures which are
not currently used as livable space (e.g. storage rooms, boiler rooms, attics)
shall be permitted to ADUs provided that each ADU complies with state
building standards for dwellings. At least one new ADU created from such
conversions shall be permitted per existing multi -family structure, up to a
maximum of a 25 percent increase in the total number of units in the structure.
6. Additional Requirements for Junior Accessory Dwelling Units
a. The maximum square footage of a JADU shall be no more than 500 square feet,
and a JADU shall be contained entirely within an existing or proposed dwelling
unit except that an expansion to accommodate an entrance may be permitted
under section 17.07.020.X (5)(a). For purposes of this paragraph, enclosed uses
within the residence, such as attached garages, are considered a part of the
proposed or existing single-family residence.
b. Utilities may be shared with the primary dwelling unit.
c. A JADU may include interior entry to the main living area. A second interior
door may be included for sound attenuation. A separate entrance from the main
entrance to the proposed or existing single-family residence is required.
d. A JADU shall include an efficiency kitchen, with the following minimal
requirements:
i. a sink with a maximum waste line diameter of 1.5 inches,
ii. a cooking facility with appliances that do not require electrical service
greater than 120 volts, natural gas, or propane gas, and
iii. a food preparation counter and storage cabinets that are of reasonable
size in relation to the size of the dwelling unit.
e. Owner occupancy shall be required for each JADU. The owner shall reside
either in the primary dwelling unit or the newly created JADU. Owner -
occupancy shall not be required if the owner is another governmental agency,
land trust, or housing organization.
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f. Each JADU shall be subject to a deed restriction, in a form approved by the City
and recorded prior to issuance of certificate of occupancy, with provisions
specifying that:
i. Owner occupancy of either primary dwelling or JADU shall be required.
ii. The JADU is restricted to the size and attributes approved by the City.
iii. A prohibition on sale of the JADU separate from the primary dwelling,
and notice to future purchasers regarding the enforcement of this
restriction.
iv. No JADU shall be rented for a period of fewer than 30 consecutive days.
v. Restrictions requiring that on purchase, any subsequent owner either
remove the JADU (including obtaining all required permits) or
demonstrate compliance with owner -occupancy requirements specified
in this section, except such requirements shall not apply to an owner who
is a governmental agency, land trust, or housing organization.
7. Parking Requirements
a. No parking shall be required for a new ADU or JADU.
b. Notwithstanding other provisions of this code, when a garage, carport, or covered
parking structure is demolished or converted in conjunction with the construction
of an ADU or JADU, there shall be no requirement imposed to replace the off-
street parking spaces.
8. Capacity, Connection and Impact Fees
a. Except for the case where an ADU or JADU is constructed within an existing
single family dwelling unit in accordance with Chapter 17.07.20.X (5)(a), a
new, separate or upgraded utility connection may be required between the
primary residence/ADU and the public water or sewer utility if site specific
conditions necessitate a new connection in order to provide minimum levels of
utility service. Connection fee or capacity charges may be calculated
proportionate to the burden of the proposed ADU based upon either its square
feet, the number of its drainage fixture unit (DFU) values, as defined in the
Uniform Plumbing Code adopted and published by the International Association
of Plumbing and Mechanical Officials, or any other method that reasonably
estimates the proportional impact of the ADU.
b. Before obtaining a certificate of occupancy for an ADU or JADU, the applicant
shall demonstrate adequate water and sewer service available to serve the ADU
or JADU, as determined by the city engineer.
c. For the purposes of providing services for water, sewer, or power, including a
connection fee, a JADU shall not be considered a separate or new dwelling unit.
An ADU shall not be considered a new residential use for purposes of calculating
connection fees or capacity charges for utilities, including water and sewer
service, unless the ADU is constructed with a new single-family dwelling.
d. No impact fee shall be assessed upon the development of an ADU less than 750
square feet or any JADU, and impact fees charged for an accessory dwelling unit
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of 750 square feet or more shall be charged proportionately in relation to the
square footage of the primary dwelling unit.
9. No certificate of occupancy for an ADU or JADU shall be issued before a certificate of
occupancy has been issued for the primary dwelling.
10. No ADU or JADU shall be rented for a period of fewer than 30 consecutive days.
11. Enforcement. In addition to other requirements of this code, notices issued to correct a
violation of a building standard pertaining to an ADU or JADU shall comply with
Section 17980.12 of the Health and Safety Code.
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Attachment 2
17.07.020 — Footnotes.
X. ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT
STANDARDS
1. Accessory dwelling units (ADUs) or junior accessory dwelling unit (JADUs) shall be
permitted with a certificate of zoning compliance, on any lot zoned to allow for a single-
family or multi -family residential uses, including mixed -use zones, subject to the
requirements of this subsection.
ADUs or JADUs shall not be sold separately from the primary structure on the lot nor
shall any subdivision of the land separating the ADU or MDU and the primary structure
be permitted by the City. except for a separate sale or convevance as aLithod zed under
Government Code section 65852.26. No se crate sale of a JADU from the primm
structure, nor subdivision of the land separating a JADU and the primary structure be
permitted by the City.
3. The application for an ADU or JADU shall be considered ministerially without
discretionary review or a hearing within 60 days after receiving the application if there is
an existing single family or multi -family dwelling on the lot. unless the applicant reguests
a delay. If the application for the ADU or JADU is proposed in conjunction with an
application for a new single-family dwelling or multi -family dwelling, the application
will be processed ministerially after w4h the application for !he main such dwelling
unit(s) has been acted on.
4. General Design Requirements
The following standards shall apply:
a. The ADU or JADU shall be designed Ite be —h.; _1 the
• *•• - d ti design lleatu es aiid shall also comply with any objective
standards in the City's adopted design guidelines for residential development.
b. The maximum square footage limit for either an attached or detached ADU shall
be:
i. 850 square feet for an ADU with 1 bedroom or less.
ii. 1,000 square feet for an ADU with 2 bedrooms or more.
iii. For an attached ADU over 800 square feet constructed on a lot with an
existing primary dwelling unit, the total floor area of the attached accessory
dwelling unit shall not exceed 50 percent of the floor area of that existing
dwelling.
c. For ADUs larger than 800 square feet, the ADU together with the primary
residence shall not cover more than fifty percent of the lot area. No lot coverage
requirement shall be applied to an ADU of 800 square feet or less.
d. No passageway shall be required in conjunction with the construction of an ADU.
OAK#4855-4197-8171 v1
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e_Fire sprinklers are only required in ADUs where they would also be required
under this Code for the primary dwelling. The construction of an accessory
dwelling unit shall not trigger a requirement for firesprinklers to be installed in
anv existing dwelling.
f. The following height limits shall apply,
a. A height of 16 feet for a detached accessory dwelling unit on a lot with an
existing or proposed single family or multifamily dwelling unit.
b. A height of 18 feet for a detached accessory dwelling unit on a lot with an
existing or proposed single family or multifamily dwelling unit that is within
one-half of one mile walking distance of a major transit stop or a high -quality
transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code, subject to an additional two feet in height to accommodate a
roof pitch on the accessory dwelling unit that is aligned with the roof pitch of
the primary dwelling unit.
c. A height of 18 feet for a detached accessory dwelling unit on a lot with an
existing or proposed multifamily, multistory dwelling.
d. A height of 25 feet or the height limitation specified in Chapter 17.10 that
applies to the primary dwelling, whichever is lower, for an accessory dwelling
unit that is attached to a primary dwelling.
Any standard that does not allow for the construction of at least one ADU of at
least 800 square feet that meets four -foot side and rear setback requirements and
applicable height limits shall be not be imposed. including any minimum or
maximum size for an ADU. any setback Le uirement includin 7 front yard
setback). size based on percentagg of the proposed or existing rims dwellin
unit or limits on lot coverage, floor area ratio, open sace lot size, or
landsca in . Only the minimum deviation needed to construct an 800 s uare foot
ADU shall be considered
f-. —Notwithstanding any1hing in this code to the contra . any procedural requirement
such as zoning clearance or separate zoning review that does not allow for the
construction of at least one ADU of at least 800 square feet shall not be
imposed b
a 4IM4 a-- size, size based en pereentage of existing Of PEOPOsed
square feet that is Re more than 16 - .6--et. in heigh - and +.',.at. Fneets flquF feat side afIA
shall be impose A, ineludmag any a zoning !ear-anee. sepafme
r-eview,dwelline un In IRA
5. Streamlining Provisions and Exemptions
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OAK 0 485S-# 97-&171 v!
Except as provided for in this section 17.07.020.X(5), no more than one ADU er and
one JADU shall be permitted per single-family, multi -family or mixed use lot in
compliance with all other requirements in this section. Notwithstanding the foregoing
limitation or anything in this code to the contrary, the Zoning Administrator and
Building Official shall cause certificates of zoning compliance and building permits to
be ministerially approved for the following projects:
a. For any lot with a proposed or existing single-family dwelling, one attached
ADU er-and one JADU shall be permitted when all of the following apply:
i. The ADU or JADU is within the existing or proposed single-family
dwelling or accessory structure. The limits of the "existing structure"
may include an expansion of not more than 150 square feet to
accommodate ingress and egress.
ii. The ADU or JADU has exterior access that is separate from the exterior
entrance for the proposed or existing single-family dwelling.
iii. The side and rear setbacks are sufficient for fire and safety.
iv. The JADU, if applied for, meets all the requirements for JADUs
outlined in this section.
b. For a lot with a proposed or existing single family dwelling, one detached
ADU shall be permitted when all of the following apply:
i. Four -foot side and rear yard setbacks are maintained.
ii. The total height a -r .- e- e-"' ' 6 ec .com lies with the requirements
of this section.
iii. The detached ADU may be combined -4+e44e-with a-tlne JADU,
described in section 17.07.020.X 5 (a). provided all requirements for
JADUs outlined in this section are met.
For a lot with an existing or proposed multi -family dwelling, not more than
two detached ADUs- shall be permitted when all of the following apply:
i. Four foot side and rear yard setbacks are maintained.
i-i ii. The total height limit does not exceed 4-(,:)--i zs_ teet.
d. Conversion of portions of existing multi -family dwelling structures which are
not currently used as livable space (e.g. storage rooms, boiler rooms, attics)
shall be permitted to ADUs provided that each ADU complies with state
building standards for dwellings. At least one new ADU created from such
conversions shall be permitted per existing multi -family structure, up to a
maximum of a 25 percent increase in the total number of units in the structure.
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OAK 448i5-4197-81
6. Additional Requirements for Junior Accessory Dwelling Units
a. The maximum square footage of a JADU shall be no more than 500 square feet,
and a JADU shall be contained entirely within an existing or proposed dwelling
unit except that an expansion to accommodate an entrance may be permitted
under section 17.07.020.X (5)(a). For puEposes of this ara ra h. enclosed uses
within the residence. such as attached garages. are considered a part of the
proposed or existing single-family residence.
b. Utilities may be shared with the primary dwelling unit.
c. A JADU may include interior entry to the main living area. A second interior
door may be included for sound attenuation. A separate entrance from the maim
entrance to the proposed or existing sigde-familyresidence is required.
d. A JADU shall include an efficiency kitchen, with the following minimal
requirements:
i. a sink with a maximum waste line diameter of 1.5 inches,
ii. a cooking facility with appliances that do not require electrical service
greater than 120 volts, natural gas, or propane gas, and
iii. a food preparation counter and storage cabinets that are of reasonable
size in relation to the size of the dwelling unit.
e. Owner occupancy shall be required for each JADU. The owner shall reside
either in the primary dwelling unit or the newly created JADU. Owner -
occupancy shall not be required if the owner is another governmental agency,
land trust, or housing organization.
f. Each JADU shall be subject to a deed restriction, in a form approved by the City
and recorded prior to issuance of certificate of occupancy_, with provisions
specifying that:
i. Owner occupancy of either primary dwelling or JADU shall be required.
ii. The JADU is restricted to the size and attributes approved by the City.
iii. A prohibition on sale of the JADU separate from the primary dwelling,
and notice to future purchasers regarding the enforcement of this
restriction.
iv. No JADU shall be rented for a period of fewer than 30 consecutive days.
v. Restrictions requiring that on purchase, any subsequent owner either
remove the JADU (including obtaining all required permits) or
demonstrate compliance with owner -occupancy requirements specified
in this section, except such requirements shall not apply to an owner who
is a governmental agency, land trust, or housing organization.
7. Parking Requirements
a. No parking shall be required for a new ADU or JADU.
b. Notwithstanding other provisions of this code, when a garage, carport, or covered
parking structure is demolished or converted in conjunction with the construction
of an ADU or JADU, there shall be no requirement imposed to replace the off-
street parking spaces.
8. Capacity, Connection and Impact Fees
Page 4 of 5
QAK #4R5S4197-$171 0
a�Except for the case where an ADU or JADU is constructed within an existing
single family dwelling unit in accordance with Chapter 17.07.20.X (5)(a), a
new, separate or upgraded utility connection may be required between the
primary residence/ADU and the public water or sewer utility if site specific
conditions necessitate a new connection in order to provide minimum levels of
utility service. Connection fee or capacity charges may be calculated
proportionate to the burden of the proposed ADU based upon either its square
feet, the number of its drainage fixture unit (DFU) values, as defined in the
Uniform Plumbing Code adopted and published by the International Association
of Plumbing and Mechanical Officials, or any other method that reasonably
estimates the proportional impact of the ADU.
�-b.Before obtainina a certificate of occupancy for an ADU or JADU, the applicant
shall demonstrate adequate water and sewer service available to serve the ADU
or JADU. as determined by the city engineer.
b-.c.For the purposes of providing services for water, sewer, or power, including a
connection fee, a JADU shall not be considered a separate or new dwelling unit.
An ADU shall not be considered a new residential use for purposes of calculating
connection fees or capacity charges for utilities, including water and sewer
service, unless the ADU is constructed with a new single-family dwelling.
e No impact fee shall be assessed upon the development of an ADU less than 750
square feet or any JADU, and impact fees charged for an accessory dwelling unit
of 750 square feet or more shall be charged proportionately in relation to the
square footage of the primary dwelling unit.
ser�.
+i -No certificate of occupancy for an ADU or JADU shall be issued before a certificate of
occupancy has been issued for the primary dwelling.
9.
4-3--.10. No ADU or JADU shall be rented for a period of fewer than 30 consecutive
days.
Enforcement. In addition to other requirements of this code, notices issued to correct a
violation of a building standard pertaining to an ADU or JADU shall comply with Section
17980.12 of the Health and Safety Code.
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