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Attachment 10 - Public Comment received between 1100, Nov. 30, 2017 and 1100, Dec. 4, 2017EXHIBIT B - SUGGESTED ORGANIZATION AND COMMENTS AND MODIFICATIONS Sec. 29.10.150. Parking: (Exhibit 13) !See Sec. 29.10.159. - Number of off-street spaces required below. Sec. 29.40.015. - Accessory building (Exhibit 15) !See Sec. 29.10.320(b)General(1) Accessory structures below. DIVISION 7. ACCESSORY DWELLING UNITS Sec. 29.10.305. - Purpose, intent and authority Sec. 29.10.310. - Deﬁnitions. Accessory dwelling unit, means a dwelling unit that is detached from, attached to or within the footprint of a primary living unit located on the same single family parcel. An accessory dwelling unit includes permanent provision for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes efﬁciency units and manufactured homes. Accessory dwelling unit, conversion, means the conversion of a portion of a, primary living unit, or the conversion of an existing accessory structure to an accessory dwelling unit. Efﬁciency dwelling unit, means an efﬁciency dwelling unit as deﬁned by the Uniform Building Code. (Add reference to code) and or deﬁne here) Accessory dwelling unit, nonconforming, means an accessory dwelling unit that exists under the following circumstances: (1)A unit created or converted lawfully but due to a zone change or an amendment to the zoning ordinance the unit has become nonconforming. (2)The unit was lawfully created while in the County and upon annexation the unit becomes nonconforming. Manufactured home, means a factory built home as deﬁned by the Uniform Building Code Sec. 29.10.315. - Ministerial Approval process (a)Permit approval: A building permit for an accessory dwelling unit consistent with the provisions of this Division shall be issued within 120 days of submittal of a complete building permit application. (b)Ministerial approval for conversion of existing ﬂoor area in an existing accessory structure. An application for an accessory dwelling unit contained within EXHIBIT B ACCESSORY DWELLING UNITS SUGGEST ORGANIZATION LEE QUINTANA TC 12/5/17 1 ATTACHMENT 10 the space of a lawfully existing primary unit or a lawfully permitted accessory structure shall be approved ministerially if it meets the following criteria: (1)Zone: The accessory dwelling unit shall be located within a permitted zone. (2)Setbacks: The accessory dwelling unit shall have existing side and rear setbacks sufﬁcient for ﬁre safety. (3) No ﬁre sprinklers shall be required if they are not required for the primary residence. (4) (5)No off-street parking shall be required for the conversion of existing space to an accessary dwelling unit. (6)Off-street parking space lost due to the conversion of existing space to an accessory dwelling unit shall be replaced on the same single family lot consistent with the parking requirements set forth in Sec. 29.10.150 of the Town Code and shall be replaced prior to issuance of a building permit. (7)Entrance: The accessory dwelling unit shall have a separate entrance from the primary dwelling. (c)Ministerial approval of newly constructed attached or detached accessory dwelling units: (1)Approval: An application for the construction of a new attached or detached accessory dwelling unit shall be approved ministerially if it complies with the requirements of this Division and shall not included any discretionary processes, provisions or requirements except as provided in this Division (2)Denial: An application may be denied if any of the following ﬁndings are made: Note: This may not be consistent with SB 229 ? a.Acknowledgment of limiting the housing opportunities in the region, or b.The application will result in adverse impacts on health, safety or welfare of the public. NOTE: What does “Acknowledgement of limiting the housing opportunities in the region” mean? Where is it located in SB 229? What are the criteria used to ﬁnd an adverse impact on health, safety or welfare ? Provide reference. Sec. 29.10.320. - Development Standards (a) Minimum eligibility requirements for an accessory dwelling unit: (1)Permitted Zones. An accessory dwelling unit shall be permitted only in the following zones permitting single family use: 1.All R-1 districts, including R-1D (why isn’t R-2 included here, this zone allows single family)) 2.R-M 5-12 (single family attached or detached) but not stacked 3.All HR zones 4.RC 5. EXHIBIT B ACCESSORY DWELLING UNITS SUGGEST ORGANIZATION LEE QUINTANA TC 12/5/17 2 NOTE: The zoning code includes RM zones RM 5-12 and RM 5-20. RM 5-12 corresponds to GP designation for medium density housing. The RM 5-20 is no longer consistent current General Plan Land Use designations. Prior to the 2000 General Plan update the General Plan included a designation for Medium Density Residential (5-12 units per acre), for Medium High Density residential (5-20 units per acre), and High Density residential (20-40 units per acre). During the 2000 GP update the 20-40 unit High Density) and Medium High (5-20) were eliminated. A new High Density designation (12-20) was added. An inconsistency between the General Plan and the Zoning Code because the Zoning Code was not amended to reﬂect the change made to the 2000 GP.change in the General Plan.An inconsistency between the General Plan and the Zoning Code now The zoning code was never amended to reﬂect the change in the General Plan. This is an inconsistency between the General Plan Medium Density Residential and the Zoning Code. The General Plan 2000 changes the category for medium and high density housing but this was not reﬂected in the Zoning Code. (2)Minimum lot size. 1.All R-1: Minimum lot size 5000 square feet NOTE: How would this work with lots zoned R-1D? If an R-1D lot is already developed with a primary unit plus a second unit is it still eligible for an ADU? 2.R-2 NOTE: R-2: How would this be different than R-1D lot if lot contained only a single family dwelling? If the lot contained a single structure with two units (duplex) why couldn’t an ADU be added if other requirements are met and with a minimum lot size were 8000 sf? 3.R-M 5-12: (3)Number. a.Only one (1) accessory dwelling unit shall be allowed on a lot. b.No additional accessory units shall be allowed upon a lot with an existing accessory dwelling unit. (4) Primary dwelling. a.An accessory dwelling unit shall only be allow on a lot with a current or proposed primary dwelling. b.Only one primary dwelling shall be allowed on a lot. NOTE: When an existing garage is converted to an ADU and simultaneously or at a later date a new garage is constructed does the 40% site coverage apply for the total of all structures? Does the 15% rule also apply for the total of all accessory structures? Is the 15% rule likely to EXHIBIT B ACCESSORY DWELLING UNITS SUGGEST ORGANIZATION LEE QUINTANA TC 12/5/17 3 preclude the replacement of a converted garage even if the FAR for the garage is not exceeded? On smaller lots will the 15% rule limit the possibility of an ADU except for an efﬁciency unit? (5)Efﬁciency unit. A lot that otherwise meets the minimum eligibility shall be permitted one 150 sf efﬁciency unit regardless of other site and design standards speciﬁed in this Division. (b)General: (1)Accessary Structures. The requirements of Sec. 29.40.015 . Accessory Structures do not apply to accessory dwelling units. NOTE: This would eliminate duplication of text, the need for a footnote on page 3 of Exhibit 14 and the need for any amendment to Sec. 29.40.010 except for stating Sec. 20.40.010 does not apply to accessory dwelling units and referring to Division 7 Accessory Dwelling Units. Is there a limit on the total number of accessory structures allowed on a lot - including an accessory dwelling unit? (2)Density. An accessory dwelling unit that conforms to this Division shall be deemed an accessory use to the primary dwelling for the lot upon which it is located, and is consistent with the General Plan and zoning designation for the lot. For the purposes of this Division an accessory dwelling unit is considered an accessory use to the primary residential use and shall not be included in the calculation of density. (3)Deed Restrictions. The following deed restrictions shall be record: a.Subdivision and sales: Subdivision of real property or separate conveyance of ADU shall be prohibited. No subdivision of land or air rights shall be allowed, including, but not limited to the creation of a stock cooperative or similar common interest ownership agreement. b.Rentals and leases: 1.Either the primary unit or the accessory dwelling units may be rented. 2.Short term rentals or leases of less than 30 days are prohibited. (Deed restriction) c.Low income households incentive program. An application that includes a recorded deed restriction specifying the accessory dwelling unit shall be offered at a reduced rent affordable to a lower income renter (less than 80 percent AMI) if occupied by someone other than a member of the household shall not be subject to Planning application review fees. (Deed restriction) d.Owner occupancy: Either the primary unit or the accessory dwelling unit must be occupied by at least one legal owner. (Deed restricted EXHIBIT B ACCESSORY DWELLING UNITS SUGGEST ORGANIZATION LEE QUINTANA TC 12/5/17 4 (4)Town codes and ordinances: Accessory dwelling units shall comply with all the provisions of applicable Town codes except as otherwise speciﬁed in this Division (5)Zoning Code: Accessory Dwelling Units shall satisfy the requirements speciﬁed by the applicable zoning district, including but not limited to, size, height, lot coverage, setbacks, FAR, maximum allowed square footage, parking, distance between buildings etc ., except as otherwise speciﬁed by this Division. (6)Uniform Building code: An accessary dwelling unit shall comply with all applicable building, health, safety and ﬁre code, except for the following: a.Installation of ﬁre sprinklers shall not be required if they are not otherwise required for the for the primary unit, or b.An exemption is otherwise provided in this Division. (7)Utilities: a.Accessory dwelling units shall only be permitted on lots with an established sewer connection. b. Accessary dwelling units shall not be considered a new residential use for calculating local agency connection fees or capacity charges for utilities, including water and sewer. c.Accessory dwelling units converted from existing space shall not be required to install new or separate utility connection directly between the accessory dwelling unit and the utility or to impose a connection fee or capacity charge, including for water or sewer NOTE: The Town does not have the authority to implement this provision SITE DEVELOPMENT and DESIGN STANDARDS Except as speciﬁcally modiﬁed by this chapter an accessory dwelling unit shall comply with the site development regulations and guidelines speciﬁed for the zoning district in which the accessory dwelling unit is located, including but not limited to, lot coverage, ﬂoor area ratio, heights, setbacks, parking, height landscaping etc NOTE: Suggest expanding the existing Table on page 3 of Exhibit 14 to include as many of the other standards (lot size, maximum square feet, lot coverage, unit size, parking requirements etc. Or provide more than one table. (1) Minimum Lot size: (see Table) Is this net or gross lot size? a.R-1 zones. Minimum lot area in permitted R-1 including R-1D zones shall be 5000 square feet b.R-2 zone. 5000 square feet if there is an existing or proposed primary dwelling, 5000 square feet, or 8000 square feet if there is an existing or proposed duplex c.HR and RC zones. Minimum net lot area in an HR or RC zone shall be 1 acre or the minimum lot size for the zoning district whichever is larger. ? d.RC zone. 5 acres? EXHIBIT B ACCESSORY DWELLING UNITS SUGGEST ORGANIZATION LEE QUINTANA TC 12/5/17 5 (2)Maximum total allowed square footage or ﬂoor area ratio (FAR)(See Table) b.R-1 zones. Must comply with the FAR and/or maximum square footage for the zone in which the accessory dwelling unit is located (adjusted for slope if applicable), including primary dwelling, accessory dwelling unit and other accessory structures. c.R-M 5-12 zone ? d.HR and RC zones 1.Comply with the maximum square footage/FAR allowed per the Hillside Development Standards and Guidelines, corrected for slope, with the following exception: 2.The total building square footage for an HR or RC zoned lot, including primary dwelling, accessory dwelling unit and accessory structures shall not exceed the FAR, adjusted for slope, or 6000 sf, which ever is smaller. Barns and stables are not included. 3.400 feet of the garage, a barn or stables are not included in the 6000 square foot maximum. (3)Unit size (See Table ) a.The minimum size for an accessory dwelling unit on any lot is 150 square feet (efﬁciency dwelling unit) . An efﬁciency dwelling unit is also the maximum size of an accessory dwelling unit permitted on any lot that meets or exceeds the allowable FAR or maximum square footage. b.R-1, R-1D and R-M (5-12) zones: The maximum size of an accessory dwelling unit allowed in R-1, R-1D and R-M 5-12 zones is XXXX for attached or internal accessory dwelling units and XXXX for detached accessory dwelling units. c.HR and RC zones: The maximum size for an accessory dwelling unit in an HR or RC zone is XXX for an interior or attached accessory dwelling unit and XXXX for a detached accessory dwelling unit. (4)Lot Coverage and location of accessory dwelling units a.The lot coverage for all structures on a lot shall not exceed the maximum lot coverage allowed for the zone in which the accessory dwelling unit is located b.Detached accessory dwelling units shall not occupy more than ﬁfteen (15%) of the lot on which the unit is located. The 15% shall be calculated exclusive of the required building setback with the following exception: c.In HR and RC zones an accessory dwelling unit shall be located within the identiﬁed LRDA (building envelope) and shall not cover more than 15% of the LRDA and shall otherwise be consistent with the HDS&G. NOTE: If a new garage is constructed subsequent to the conversion of an existing garage would it be required to meet the maximum lot coverage requirements? Would it have to meet both requirements for maximum lot coverage even if the size of the garage was consistent with the maximum for garages? EXHIBIT B ACCESSORY DWELLING UNITS SUGGEST ORGANIZATION LEE QUINTANA TC 12/5/17 6 (5)Height. Accessory dwelling units shall not exceed ﬁfteen (15)feet in height and shall not be more than one (1 ) NOTE: Consider allowing a height of 18 to 20 feet to allow for 1 1/2 story detached accessory dwelling units and 1/1/2 story attached accessory dwelling units attached to an existing two story primary unit, when tucked under the roof form. Add standards such as no windows facing adjacent properties and limit size of detached 1 1/2 units to 400 square feet. (6)Parking a.The number of off-street parking shall be consistent with the parking requirements of Sec. 29.10.150 unless noted below. b.One (1) off-street parking space shall be provided for an accessory dwelling unit in addition to the required minimum number of parking spaces required for the primary dwelling unit with the following exceptions: c.Exceptions. 1.No off street parking is required for an accessary dwelling unit located within the footprint of an existing primary dwelling unit or within the space of an existing accessory structure. 2.No off street parking shall be required for an accessory dwelling unit located within one-half mile walking distance of a public transit stop, 3.No off-street parking is required for an accessory dwelling unit located within an architecturally and historically signiﬁcant historic district. 4.No off-street parking shall be required when on-street parking permits are required but not offered to the occupant of the accessory dwelling unit, 5.When the Director ﬁnds that the lot does not have adequate area to provide parking (this sounds subjective/discretionary) NOTE: 7. What are the criteria necessary to meet the ﬁndings for #5. As stated this appears to be be subjective. What would make it feasable? d. Any parking spaces lost due to construction of an attached or detached accessory dwelling units or the conversion of existing accessory structure shall be replaced by the number of spaces required by Sec. 29.10.150. Replacement parking must be in place prior to the issuance of a building permit. Any parking space required for the accessory unit shall be completed prior to ﬁnal inspection. e.Location and conﬁguration of required off-street parking: 1.Required parking may be in a garage, carport, covered or uncovered 2.Required parking may be provided as tandem parking (maximum of two cars) deep) or mechanical parking lifts. 3.Uncovered parking may be located on a driveway within the front yard or side yard setback. No parking in the side yard setback shall only be allowed behind the front yard setback. Parking in a front yard setback shall be limited to a width of 30 ‘ EXHIBIT B ACCESSORY DWELLING UNITS SUGGEST ORGANIZATION LEE QUINTANA TC 12/5/17 7 4.ADU shall be served by the same driveway access to the street as the existing main structure. (7) Setbacks a.Attached accessory dwelling units shall comply with the setbacks of the zone in which the primary dwelling unit is located. b.Side and rear settbacks for an accessory dwelling units located within an existing primary structure or within an existing accessory structure shall be required to meet ﬁre safey codes. (Is this the same as saying “sufﬁcient for ﬁre safety?” “sufﬁcient for ﬁre safety “ does not sound like an objective criteria. c.Detached accessory dwelling units shall comply with the following minimum setbacks: 1.Front and side setbacks for an accessary dwelling unit abutting a street shall comply with the setbacks of the zone in which the lot is located. 2.Rear and side setbacks of ﬁve (5) feet in the R-1. R-M, R-1D ( and R-2?) RC zone. 3.Except in an HR or RC zone no new attached or detached accessory dwelling unit shall be placed in front of the primary dwelling unit. 4.Setbacks from any other structure on the same lot is ﬁve (5) feet. (8) Misc: Other Standards to consider: a.Entrances and outside stairs serving an accessary dwelling unit shall not be located on facing a public street. b.Exterior materials, colors and appearance of accessory dwelling units shall match the primary structure on the same lot. c.An efﬁciency unit may have a shared entrance with the primary unit. d.No passage way (pathway) shall be required between the accessory dwelling unit and the street. e.When a garage is converted into an accessory dwelling unit the doors shall be removed and the exterior reﬁnished to match the existing structure. EXHIBIT B ACCESSORY DWELLING UNITS SUGGEST ORGANIZATION LEE QUINTANA TC 12/5/17 8 EXHIBIT B ACCESSORY DWELLING UNITS SUGGEST ORGANIZATION LEE QUINTANA TC 12/5/17 9 This Page Intentionally Left Blank