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Urgency Ordinance Amending FMC §17.048.010
Regarding Accessory Dwelling Units
January 19, 2022
Presented by Ryan Stager
Introduction
• In January 2020, the Town substantially
revised its ADU ordinance to comply with
new state limits on local authority to
regulate ADUs and JADUs
• Staff now recommends updates to the
ADU Ordinance to comply with recent
state legislation, to implement best
practices, and to increase clarity for staff
and the public
Recent Legislation
• AB 3182: expands the scenarios under which
the Town must allow certain ADUs and JADUs
with only a building permit
• AB 3182: provides that if the Town does not act
on a complete ADU application within 60 days,
the application is deemed approved
• AB 345: requires the Town to allow the separate
sale or conveyance of certain ADUs that satisfy
specified conditions
Proposed Amendments
• Amend the definitions for “multi-family dwelling” and “public transit” to match the state’s definitions
• As required by AB 3182:
• Allow both a converted ADU and a JADU on a singlefamily lot; and • Clarify that if the Town does not act on a complete
ADU application within 60 days, the application is
deemed approved (unless an exception applies)
• Per AB 345: clarify that ADUs or JADUs may not be sold or otherwise conveyed separately from the lot and
primary dwelling except as otherwise provided in
Government Code section 65852.26
Proposed Amendments Cont.
• Require JADUs and ADUs to comply with all local
building and fire code requirements
• Per state law, clarify that:
• The front-yard setback requirement only applies to
ADUs constructed with an ADU permit
• The stream buffer restriction only applies to ADUs
constructed with an ADU permit
• Extend the 50% reduced application processing fee to
January 1, 2032 (expires on November 1, 2027)
• Clarify that non-permitted ADUs and JADUs will not be assessed a financial penalty when legalized
Recommendation
1. Open the public hearing and receive comments;
2. Close the public hearing;
3. Adopt Urgency Ordinance Amending FMC Section
17.048.010 Regarding ADUs and Determining the
Ordinance to be Exempt from CEQA