Exhibit E Changes to Existing ADU Regulations TableTopic Regulation State ADU Law Staff Recommended Regulation Updates Height An attached ADU shall be limited to the zone height limit, which for the R-1 zone is 35 feet. A detached ADU that is fully within a residential yard setback is limited to 12 feet in height. Outside of the rear yard setback, it shall be limited to the zone height limit. State law provides additional height requirements listed below: 1. Max 18 feet for a detached accessory dwelling unit that is within one-half mile walking distance of a major transit stop/corridor. An additional two feet in height is allowed (20 feet max.) to accommodate the roof pitch to align with the roof pitch of the primary dwelling unit. 2. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. 3. A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, for an accessory dwelling unit that is attached to a primary dwelling but not to exceed two stories. All other ADUs will be regulated by the existing 16 foot standard.
Staff recommends adding the new height requirements as reflected in State law, regardless of the the buildable area or in the rear yard. See Section 17.14.090(B).
Setbacks An attached ADU shall be limited to the zone setbacks, which for the R-1-5 zone is 5 feet on the side yard and 25 feet on the rear. A detached ADU that is fully within a residential yard setback may have a 3 foot setback on the Local agencies may impose side and rear yard setbacks provided they are consistent with the following: construction (attached or detached), a setback of no more than four feet from the side and rear lot lines can be required. conversions of existing Staff recommends adding the new setback requirements as reflected in State law, which allow a minimum 4 feet on the side and the rear. The City recommendation would no longer allow for ADUs to utilize a minimum 3-foot setback that is
side and rear. Outside of the rear yard setback, it shall be the same as setbacks. space, or involve rebuilding a structure in the same location and with the same dimensions as an existing structure, no setback can be required. -right) ADUs that are maximum 800 square feet and meet the four feet side and rear setback and all other required development standards- Front yard setback requirements cannot prevent the by-right ADU from being built. offered to accessory structures. See Section 17.14.090(D). Mandatory 800 sq. ft. ADU (attached or detached) Front yard setback protrusion The City has no specific regulation for ADUs in the front yard setback. Therefore, ADUs are subject to the front yard setback requirement, which is 15 feet minimum. State law now requires local agencies to not restrict the by-right ADUs due to front yard setback requirements if it meets all other local development standards. Staff recommends that both attached and detached ADUs shall be subject to the same front setback requirement applicable to the primary dwelling, unless it precludes development of an accessory dwelling unit that is at least 800 square feet See Section 17.14.090(D)(1) and (D)(3). Permitting ADUs or a JADUs that involve nonconforming uses, building code violations or unpermitted structures This topic is not addressed in the current regulations as Section 17.12.200, wherein no enlargement of habitable space shall be allowed unless the standards and criteria of Chapter 17.12 are met. Also, Section 17.40.060 states that additional development on a lot with a nonconforming uses may be developed, provided that the new A local agency shall not deny an application for a permit to create an ADU or a JADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU. Staff recommends adding ADU permitting requirement. See Section 17.14.080(H) and (I).
development isconsistent with applicable city regulations. Parking Requirements & Exemptions An ADU shall provide off-street parking in compliance with Section 17.12.180(B). The parking requirements and exemptions provided by the state are still applicable. Staff recommends carrying over the same parking requirements, with an added clarification that any covered parking shall not be allowed in the setback areas. See Section 17.14.090(C). Architecture The City has a regulation for all ADUs stating that its scale, appearance, and character shall be similar to and compatible in design with the principal dwelling unit and adjacent residences. The City does not have existing ADU regulations specifically applicable to properties located within a historic district or on the local register of historic structures. ADUs shall not be subject to design and development standards except for those that are noted in state law. Development and other decision-making standards must be sufficiently objective to allow for ministerial review. Examples include numeric and fixed standards such as heights or setbacks, or design standards such as colors or materials. With an adopted ADU ordinance in compliance with State ADU Law, a local government may apply development and design standards that include, but are not limited to, architectural review and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. However, these standards should be objective to allow ministerial review of an ADU.
Staff recommends the adoption of design standards that have been prepared specifically for use with properties located within a historic district or on the local register of historic structures, to ensure that a higher level of standards may be applied universally to these properties without requiring discretionary review. No architecture standards are being recommended for properties outside of the historic district. See Section 17.14.090(E).