agenda item e.1 cpms discussion/action item meeting date

Agenda Item E.1CPMS DISCUSSION/ACTION ITEM

Meeting Date: September 19, 2017____________________________________________________________

TO: Mayor and Councilmembers

FROM: Peter Imhof, Planning and Environmental Review Director

CONTACT: Lisa Prasse, Current Planning Manager

SUBJECT: Accessory Dwelling Units

RECOMMENDATION:

A. Determine whether an ordinance regarding Accessory Dwelling Units should be developed in parallel with the New Zoning Ordinance;

B. Determine whether an ordinance regarding Junior Accessory Dwelling Units should be developed in parallel with the new Zoning Ordinance;

C. Determine which interim review process outlined in the staff report is acceptable;D. Concur that the Development Impact Fees (DIF) for Accessory Dwelling Units are

approved based existing applicable Fee Resolutions.

EXECUTIVE SUMMARY:

As of January 1, 2017, there are new state regulations in effect regarding Accessory Dwelling Units (ADUs), also referred to as second units or granny flats. Any City regulations that are not in compliance with the new requirements are no longer valid and the City is required to adhere to the state regulations. The City can choose to adopt an ordinance that complies with the state regulations or simply follow the state regulations without its own ordinance. As the new Zoning Ordinance is under development, staff believes that regulations regarding ADUs should be incorporated into the new Zoning Ordinance. The City does have limited discretion regarding the size of the units and potential areas where ADUs could be limited based on criteria that may include the adequacy of water and sewer service, fire safety and the impact of ADUs on traffic flow and public safety. The purpose of this report is to highlight the changes that are now applicable regarding ADUs and to seek direction from the City Council regarding the review process and the rate associated with applicable development impact fees.

BACKGROUND:

In 2016, the state legislature adopted and Governor Brown signed three bills (SB 1069, AB 2299, and AB 2406) regarding ADUs. The regulations contained within these bills

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Meeting Date: September 19, 2017

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went into effect on January 1, 2017, and the provisions associated with the first two bills have been incorporated into the Government Code as Section 65852.2 (Attachment 1). The third bill AB 2406 is in regard to Junior Accessory Dwelling Units (Junior ADUs) and the option is left to jurisdictions as to whether to allow Junior Accessory Units. Information regarding this bill is provided so the City Council has a comprehensive picture of the recent legislation on this topic. In adopting these bills, the California legislature found that, among other things, allowing accessory dwelling units in single-family and multifamily zones provides additional rental housing and is an essential component ofaddressing housing needs in the state.

New ADU ProvisionsThe changes incorporated into Government Code (GC) Section 65852.2 are as follows:

Local governments are required to consider and approve ADU applications ministerially if they meet minimum criteria set forth in state law. If the application does not, then the City may deny the request. The primary criteria include the following:

o The ADU is not intended for sale separate from the primary residence and may be rented (GC §65852.2 (a) (1) (D)(i);

o The lot is zoned for single-family or multifamily use and contains an existing single-family dwelling (GC §65852.2 (a) (1) (D)(ii);

o The ADU is either attached to the existing dwelling, located within the living area of the existing dwelling, or detached and on the same lot (GC §65852.2 (a) (1) (D) (iii);

o The increased floor area for an attached ADU does not exceed 50% of the existing living area, with a maximum increase in floor area of 1,200 square feet(GC §65852.2 (a) (1) (D) (iv);

o The total floor space for a detached ADU does not exceed 1,200 square feet(GC §65852.2 (a) (1) (D) (v); and

o The ADU complies with local building code requirements (GC §65852.2 (a) (1) (D) (viii).

The associated review process for ADUs is required to be ministerial1 if the proposed ADU satisfies the requirements (GC § 65852.2 (a) (4);

Local governments are prohibited from adopting an ordinance that precludes ADUs(GC §65852.2 (a) (5);

Local governments are prohibited from requiring fire sprinklers in ADUs, if the primary residence is not required to have fire sprinklers (GC §65852.2 (c);

New connection fees or capacity charges are prohibited, including water and sewer service contained within an existing residences or accessory structure. For new attached and detached ADUs, any fee or charge must be proportionate to the burden of the unit on the water or sewer system (GC §65852.2 (f) (1) and (2);

Parking requirements are either reduced or eliminated. Parking requirements for ADUs are limited to one space per bedroom or unit and authorizes off-street parking to be tandem or in setback areas (unless there is a fire/life safety condition). Further,

1 Ministerial means an action taken by a governmental agency on a project or activity that follows established procedures and standards, and does not call for the exercise of discretion or judgment in deciding whether to approve the project or activity.

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parking requirements are prohibited if the ADU is 1) within a ½ mile of public transit;2) is within a historic district; 3) is part of an existing primary residence or accessory structure; 4) is located in an area where on-street parking permits are required but not offered to the occupant of an ADU; or 5) is located within one block of a car share area. (Some areas of Goleta are located within a ½ mile of public transit.) (GC 65852.2 (d);

Local governments are prohibited from requiring a passageway in connection with the construction of an ADU (GC §65852.2 (a) (1) (D) (vi);

Local governments are prohibited from requiring a setback for an existing garage that is converted to an ADU (GC § 65852.2 (a) (1) (D) (vii).

The City is only required to approve one ADU per lot in a single-family zone when: 1) the unit is contained within the existing space of the single-family residence/accessory structure; 2) has independent access from the main structure; and 3) the side and rear setbacks are sufficient for fire safety. In all other instances, the City has to conduct ministerial review of the ADU application, but it is not required to approve the ADU if it does not meet the three criteria articulated above (GC §65852.2 (e).

Both SB 1069 and AB 2299 also provide that any existing ADU ordinance that does not meet the above requirements are null and void (GC §65852.2 (a) (4). Therefore, because the City has not enacted an ADU ordinance in conformance with both SB 1069 and AB 2299, the City must approve ADUs based on Government Code Section 65852.2 as described above until the jurisdiction adopts a compliant ordinance.

Junior Accessory Units

The provision for Junior Accessory Dwelling Units (JADU) and associated standards were enacted by AB 2406. The development of an ordinance to allow the creation of Junior Accessory Dwelling Units (JADU) is optional, not mandatory. The option to develop a JADU ordinance is left to local jurisdiction discretion. As indicated above, this information is provided to give a complete picture of the recent changes. If the City were to go forward with a JADU ordinance, then the City would not have discretion to approve a JADU if a proposal was forthcoming that met all of the specified criteria. A JADU cannot exceed 500 sq. ft. of area and must be completely contained within the space of an existing residential structure.

If the City wanted to allow JADU, the following requirements are applicable: The number of JADU is limited to one per existing residence on an existing lot zoned

as single family; Property owners are required to reside in either the primary residence or the JADU; A deed restriction is required to be recorded which specifies the requirements

associated with JADU, including that the JADU cannot be sold separately and that the property owner must reside in one of the units;

JADU must be located entirely within an existing single-family structure and must have its own separate entrance;

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JADU must include an efficiency kitchen (sink, cooking appliance, counter surface and storage cabinets of 150 square feet as defined in Health and Safety Code 17958.1). However, no gas or 220V circuits are allowed;

JADU may share a bath with the primary unit or may have its own bath.

Lastly, this bill prohibits local JADU ordinances from requiring additional parking or applying additional water, sewer, or power connection fees.

Other Local Jurisdictions’ Actions

As Goleta is not the only jurisdiction responding to this new legislation, the following discussion is provided to illustrate how other local agencies are addressing the new regulations.

Goleta Water District

Goleta Water District (GWD) has determined that the new ADU legislation does not apply to special districts. However, GWD amended its Code (Goleta Water District Code) to exempt/waive ADUs from requiring a separate meter, if a property meets certain conditions. The meter waiver applies to ADUs where the private water line does not cross property lines and the District has determined that the existing meter is of sufficient size to accommodate the ADU and fire sprinkler requirements as applicable. If a separate meter is requested by the applicant or if the GWD determines that changes to the water meter are required to accommodate the ADU, then an application for water service will be required. Please refer to Attachment 2 for GWD information regarding ADUs and new water service.

City of Santa Barbara

City of Santa Barbara made changes to its review process in response to the new state law. The City of Santa Barbara developed three paths for processing ADUs depending on the situation, as follows (Attachment 3):

Path 1 – If the project meets all the criteria under the Government Code and applicable existing local regulation, then the requested ADU is submitted for building plan check without any other City review (including design).

Path 2 – If the project is in the Coastal Zone, then a Coastal Development Permit is required to be secured in accordance with the City of Santa Barbara’s adopted Local Coastal Plan.

Path 3 – If the applicant is unsure if the ADU meets all the criteria, then a zoning compliance review is performed before submitting for a building permit as provided for in Option 1.

Further, City of Santa Barbara is not imposing development impact fees on ADUs as the City of Santa Barbara does not impose impact fees on any development.

County of Santa Barbara

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The County of Santa Barbara is developing its process and standards for ADUs. It is expected that the Board of Supervisors will be asked to adopt an ordinance in September 2017. Attachment 4 is a copy of the draft County Ordinance. It is proposed that any ADU that is developed entirely within an existing principal dwelling/ existing accessory structure without any new exterior additions be exempt from a zoning permit and only require building permit review. If a proposed ADU includes exterior additions, then a (ministerial) Land Use Permit would be required before an ADU proposal can be submitted for a building permit.

The County of Santa Barbara will continue to impose DIFs on ADUs based on previously adopted rates.

Community Interest

There is great interest in the community regarding ADUs. The Planning and Environmental Review Department receives daily inquiries regarding the City’s process and fees associated with ADUs. While no one has submitted an ADU application to date, it is only a matter of time. As indicated above, Government Code Section 65852.2 allows for ADUs on any parcel in a single-family or multiple-family zone with an existing single-family home. The predominate residential zone districts in the City are single-family. As of January 1, 2017, the California Department of Finance estimates that the City has 5,420 single-family homes.

It is difficult to estimate how many homeowners would be interested in building a new ADU, converting existing space in to an ADU, or legalizing a previously constructed (without permits) ADU. Staff has not found any studies/reports that estimate how many ADUs are anticipated to be created because of the new legislation. Further, staff has only found one article that analyzed the age of the tenants of ADUs compared to that of apartment dwellers, which is provided as Attachment 5.

DISCUSSION:

Effects on Existing City Regulations

As mentioned above, any of the City’s existing regulations that are at odds with the new state requirements associated with ADUs are now null and void. A comparison of the City’s adopted regulations and Government Code Section 65852.2 regulations is provided as Attachment 6 to this report. The City must use the new state standards when an ADU is proposed in any single-family zone districts and single-family units located in a multi-family zoning district. Once a homeowner satisfies all the requirements of the Government Code, the City must approve the request within 120 days and issue a building permit.

The City’s existing standards regarding setbacks, lot coverage, building height, landscaping, etc., remain applicable. It is unclear if architectural review of ADUs by the DRB is allowed. The County of Santa Barbara and the City of Santa Barbara have both

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determined that review by their respective design boards is not allowed under the new law, as noted above.

In regard to parking, the City can require replacement parking, if garage space is converted under the new provisions. According to the City Attorney’s office, the City has discretion to choose between one parking space per unit or per bedroom for an ADU and these spaces may be provided as tandem parking (one space in front of another) or insetbacks. The City currently does not allow tandem parking, but the City does allow residents to park on driveways, which are by design located in setback areas. The City must be flexible in accepting replacement parking, such as uncovered driveway parking,in satisfying the primary unit’s parking requirements, when a garage is converted into an ADU.

Further, fees adopted in accordance with Fee Mitigation Act (our DIFs) can be imposed. However, the rate at which these fees should be charged is not specified in Government Code Section 65852.2. In December 2016, the California Department of Housing and Community Development (HCD) issued a memorandum regarding ADUs (Attachment 7). In the HCD memorandum, there is an implied assumption that impacts created by ADUs would be less than those of a primary unit and therefore these fees would be reduced to be “proportional” to the impact created. The actual language included in the Government Code does not include any proportionality reference regarding these fees.

Lastly, Advance Planning is already working on incorporating the requirements of Government Code Section 65852.2 into the latest draft of the new Zoning Ordinance, as the City otherwise does not have any discretion under the new law in regards to allowing ADUs in general. If the City adopts an ordinance, the City does have limited discretion regarding the size of the units and potential areas where ADUs could be limited based on criteria that may include the adequacy of water and sewer service, fire safety and the impact of ADUs on traffic flow and public safety.

Council Direction

Based on the recent changes to the Government Code, staff asks the Council to provide guidance to staff on how best to proceed with the processing of requests for ADUs:

Question 1: Should the City adopt an interim ADU ordinance while the new Zoning Ordinance is under review?

The City does not have a choice in allowing ADUs and the City cannot create standards that are more stringent than the state enacted provisions. If the City does not adopt an ordinance, then the existing state law will govern. There is no penalty for the City to waitto address this issue as part of the new Zoning Ordinance. The question staff has for Council whether the Council want an ADU ordinance which staff can work on in parallel with the new Zoning Ordinance.

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However, staff needs direction regarding an interim process and fees (see Questions 3 and 4 below) as such requests are likely to be submitted before enactment of an ordinance can be accomplished.

Lastly, Government Code Section 65852.2 (D) (6) gives the City the ability to require that ADUs be rented for more than 30 days. This would preclude ADUs from legally being used as short term rentals. Based on previous Council comments regarding ADUS, staff believes that the City Council would want this provision in the eventual ADU provisions and would like concurrence if this is a valid assumption

Question 2: Is the City interested in establishing an ordinance to allow Junior ADUs?

The enactment of an ordinance to allow for Junior ADUs is optional and as such the City Council has the discretion whether to create zoning provisions for this type of unit. Staff requests direction from Council as to whether to create standards in compliance with stateprovisions for inclusion in the new Zoning Ordinance, with a separate ordinance, or not at this time. There is no downside for the City to create a Junior ADU ordinance or to wait to create one at a later date.

Question 3: What should the City’s review process be until an ordinance is enacted?

Based on the state requirements, review of proposed ADUs needs to be: a) Done at a ministerial level to ensure compliance with Gov. Code Section 65862.2;

and b) Be completed within 120 days of application submittal.

The only truly ministerial process the City currently has is the building plan check and permit process. (For reference purposes, the City of Santa Barbara is handling the review of all ADUs through their building permit process and so is the County of Santa Barbara for ADUs that do not have exterior additions.) Further, the state regulations are silent regarding design/architectural review processes in relation to ADUs. Currently, the City’s review process involves both a Land Use Permit (LUP) and Design Review Board review for ADUs. These processes have elements of discretion associated with them that are at odds with the ministerial requirement.

The current options available to the City are building plan check/permit or some form of an LUP process that is ministerial in nature. The City could follow the County’s lead and use the building permit process for ADU proposal without exterior additions and the LUP process (without design review) for ADU proposals with exterior additions before a property owner submits for building permits. These processes would be feasible within the City’s current structure.

Another option that would be possible, is to adopt a zoning clearance process (already envisioned with the new Zoning Ordinance) for all ADUs which could be done in conjunction with building plan check. This is what City of Santa Barbara is doing regarding ADUs. A zoning clearance is ministerial in nature (no discretion involved and

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check to determine whether a project meets the established criteria or it does not). In that way, there would be no dispute as to whether the process was ministerial or not.

Staff believes that the zoning clearance/building permit process would be the most consistent process with the intent of the state regulations. However, the Land Use Permit (LUP) permit/building permit process seems to be viable as well if it were structured so that the process/decisions were ministerial. The County’s draft ordinance includes language that states that LUPs associated with ADUs are ministerial.

Staff’s preference is to develop a zoning clearance process to be used in conjunction with building plan check for all proposed ADUs, since there would be no doubt that the review would be a purely ministerial in nature and could be accomplished in the required timeframe. As an alternative, the City could follow the County’s process and have a two-tiered ADU review process based on whether additions are made or not (building permit process only when no exterior additions are proposed and LUP and building permit process when exterior additions are proposed).

Question 4: Until the current Development Impact Fee (DIF) study is completed, are the proposed fees in Attachment 8 acceptable if the Council chooses to require a Land Use Permit as the review path for ADUs?

The City is in the process of completing a DIF study and the development of fees associated with ADUs has been included in the scope of work. In the interim, staff has developed DIFs relative to ADUs as provided for in Attachment 8 based on the rates adopted in 2016. The proposed transportation fee is based on the condominium rate (similar to what is done for Eastern Goleta Valley by the County of Santa Barbara) and the park fee rate is based on City Resolution 16-24 and County Recreation DIF Resolution 99-18. (See Note A in the Attachment 8 for more details.) The other fees are based on square footage so the existing rate would be applicable. The fees proposed in Attachment 8 can be viewed as proportional to the fees that are charged for a single-family home as the DIF for an ADU would be approximately $16,100 for a 1,200-sq. ft. ADU as compared to $35,000-$40,000 for a 1,600-sq. ft. single family home. The proposed interim rate is in keeping with Housing Element Policy HE 2.7 (c) regarding tiered development impact fee structure for accessory dwelling units. The fees listed in Attachment 8 would be revised periodically when the all of the DIFs are updated by the City Council.

If the Council determines that the appropriate review path would be through a Land Use Permit, then DIFs would be charged. If the Council determined that the ADUs would only be subject to Building Permits (with some zoning clearance process) then some or all the DIFs would not be applicable. (County Ordinance 4270 states that the Transportation Fee is only applicable when a Land Use Permit issued… “for the erection, moving, alternation, enlarging, or rebuilding of any building, structure, or improvement within the County”.)

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FISCAL IMPACTS:

If the City Council chooses to develop an ordinance outside of the new Zoning Ordinance project, there will be costs associated with legal and planning staff’s time to development such an ordinance.

ALTERNATIVES:

The Council could continue this item for additional information and or discussion.

Legal Review By: Approved By:

_________________________ ____________________Michael Jenkins Michelle GreeneInterim City Attorney City Manager

ATTACHMENTS:

1. Government Code Section 65852.22. Goleta Water District Information Regarding ADU 3. City of Santa Barbara ADU Handout 4. County of Santa Barbara draft ADU ordinance 5. Demographic Article by Martin John Brown from http://accessorydwellings.org6. Comparison of existing City regulations with new ADU provisions7. HCD Memorandum Regarding ADUs8. Proposed DIF fees for ADUs.

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Attachment 1Government Code Section 65852.2

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State of California

GOVERNMENT CODE

Section 65852.2

65852.2. (a) (1) A local agency may, by ordinance, provide for the creation ofaccessory dwelling units in single-family and multifamily residential zones. Theordinance shall do all of the following:

(A) Designate areas within the jurisdiction of the local agency where accessorydwelling units may be permitted. The designation of areas may be based on criteria,that may include, but are not limited to, the adequacy of water and sewer services andthe impact of accessory dwelling units on traffic flow and public safety.

(B) (i) Impose standards on accessory dwelling units that include, but are notlimited to, parking, height, setback, lot coverage, landscape, architectural review,maximum size of a unit, and standards that prevent adverse impacts on any realproperty that is listed in the California Register of Historic Places.

(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parkingrequirements for any accessory dwelling unit located within its jurisdiction.

(C) Provide that accessory dwelling units do not exceed the allowable density forthe lot upon which the accessory dwelling unit is located, and that accessory dwellingunits are a residential use that is consistent with the existing general plan and zoningdesignation for the lot.

(D) Require the accessory dwelling units to comply with all of the following:(i) The unit is not intended for sale separate from the primary residence and may

be rented.(ii) The lot is zoned for single-family or multifamily use and contains an existing,

single-family dwelling.(iii) The accessory dwelling unit is either attached to the existing dwelling or

located within the living area of the existing dwelling or detached from the existingdwelling and located on the same lot as the existing dwelling.

(iv) The increased floor area of an attached accessory dwelling unit shall not exceed50 percent of the existing living area, with a maximum increase in floor area of 1,200square feet.

(v) The total area of floorspace for a detached accessory dwelling unit shall notexceed 1,200 square feet.

(vi) No passageway shall be required in conjunction with the construction of anaccessory dwelling unit.

(vii) No setback shall be required for an existing garage that is converted to aaccessory dwelling unit, and a setback of no more than five feet from the side andrear lot lines shall be required for an accessory dwelling unit that is constructed abovea garage.

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(viii) Local building code requirements that apply to detached dwellings, asappropriate.

(ix) Approval by the local health officer where a private sewage disposal systemis being used, if required.

(x) (I) Parking requirements for accessory dwelling units shall not exceed oneparking space per unit or per bedroom. These spaces may be provided as tandemparking on an existing driveway.

(II) Offstreet parking shall be permitted in setback areas in locations determinedby the local agency or through tandem parking, unless specific findings are made thatparking in setback areas or tandem parking is not feasible based upon specific site orregional topographical or fire and life safety conditions, or that it is not permittedanywhere else in the jurisdiction.

(III) This clause shall not apply to a unit that is described in subdivision (d).(xi) When a garage, carport, or covered parking structure is demolished in

conjunction with the construction of an accessory dwelling unit, and the local agencyrequires that those offstreet parking spaces be replaced, the replacement spaces maybe located in any configuration on the same lot as the accessory dwelling unit,including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces,or by the use of mechanical automobile parking lifts. This clause shall not apply to aunit that is described in subdivision (d).

(2) The ordinance shall not be considered in the application of any local ordinance,policy, or program to limit residential growth.

(3) When a local agency receives its first application on or after July 1, 2003, fora permit pursuant to this subdivision, the application shall be considered ministeriallywithout discretionary review or a hearing, notwithstanding Section 65901 or 65906or any local ordinance regulating the issuance of variances or special use permits,within 120 days after receiving the application. A local agency may charge a fee toreimburse it for costs that it incurs as a result of amendments to this paragraph enactedduring the 2001–02 Regular Session of the Legislature, including the costs of adoptingor amending any ordinance that provides for the creation of an accessory dwellingunit.

(4) An existing ordinance governing the creation of an accessory dwelling unit bya local agency or an accessory dwelling ordinance adopted by a local agencysubsequent to the effective date of the act adding this paragraph shall provide anapproval process that includes only ministerial provisions for the approval of accessorydwelling units and shall not include any discretionary processes, provisions, orrequirements for those units, except as otherwise provided in this subdivision. In theevent that a local agency has an existing accessory dwelling unit ordinance that failsto meet the requirements of this subdivision, that ordinance shall be null and voidupon the effective date of the act adding this paragraph and that agency shall thereafterapply the standards established in this subdivision for the approval of accessorydwelling units, unless and until the agency adopts an ordinance that complies withthis section.

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(5) No other local ordinance, policy, or regulation shall be the basis for the denialof a building permit or a use permit under this subdivision.

(6) This subdivision establishes the maximum standards that local agencies shalluse to evaluate a proposed accessory dwelling unit on a lot zoned for residential usethat contains an existing single-family dwelling. No additional standards, other thanthose provided in this subdivision, shall be utilized or imposed, except that a localagency may require an applicant for a permit issued pursuant to this subdivision tobe an owner-occupant or that the property be used for rentals of terms longer than 30days.

(7) A local agency may amend its zoning ordinance or general plan to incorporatethe policies, procedures, or other provisions applicable to the creation of an accessorydwelling unit if these provisions are consistent with the limitations of this subdivision.

(8) An accessory dwelling unit that conforms to this subdivision shall be deemedto be an accessory use or an accessory building and shall not be considered to exceedthe allowable density for the lot upon which it is located, and shall be deemed to bea residential use that is consistent with the existing general plan and zoningdesignations for the lot. The accessory dwelling unit shall not be considered in theapplication of any local ordinance, policy, or program to limit residential growth.

(b) When a local agency that has not adopted an ordinance governing accessorydwelling units in accordance with subdivision (a) receives its first application on orafter July 1, 1983, for a permit to create an accessory dwelling unit pursuant to thissubdivision, the local agency shall accept the application and approve or disapprovethe application ministerially without discretionary review pursuant to subdivision (a)within 120 days after receiving the application.

(c) A local agency may establish minimum and maximum unit size requirementsfor both attached and detached accessory dwelling units. No minimum or maximumsize for an accessory dwelling unit, or size based upon a percentage of the existingdwelling, shall be established by ordinance for either attached or detached dwellingsthat does not permit at least an efficiency unit to be constructed in compliance withlocal development standards. Accessory dwelling units shall not be required to providefire sprinklers if they are not required for the primary residence.

(d) Notwithstanding any other law, a local agency, whether or not it has adoptedan ordinance governing accessory dwelling units in accordance with subdivision (a),shall not impose parking standards for an accessory dwelling unit in any of thefollowing instances:

(1) The accessory dwelling unit is located within one-half mile of public transit.(2) The accessory dwelling unit is located within an architecturally and historically

significant historic district.(3) The accessory dwelling unit is part of the existing primary residence or an

existing accessory structure.(4) When on-street parking permits are required but not offered to the occupant

of the accessory dwelling unit.(5) When there is a car share vehicle located within one block of the accessory

dwelling unit.

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(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shallministerially approve an application for a building permit to create within asingle-family residential zone one accessory dwelling unit per single-family lot if theunit is contained within the existing space of a single-family residence or accessorystructure, has independent exterior access from the existing residence, and the sideand rear setbacks are sufficient for fire safety. Accessory dwelling units shall not berequired to provide fire sprinklers if they are not required for the primary residence.

(f) (1) Fees charged for the construction of accessory dwelling units shall bedetermined in accordance with Chapter 5 (commencing with Section 66000) andChapter 7 (commencing with Section 66012).

(2) Accessory dwelling units shall not be considered new residential uses for thepurposes of calculating local agency connection fees or capacity charges for utilities,including water and sewer service.

(A) For an accessory dwelling unit described in subdivision (e), a local agencyshall not require the applicant to install a new or separate utility connection directlybetween the accessory dwelling unit and the utility or impose a related connectionfee or capacity charge.

(B) For an accessory dwelling unit that is not described in subdivision (e), a localagency may require a new or separate utility connection directly between the accessorydwelling unit and the utility. Consistent with Section 66013, the connection may besubject to a connection fee or capacity charge that shall be proportionate to the burdenof the proposed accessory dwelling unit, based upon either its size or the number ofits plumbing fixtures, upon the water or sewer system. This fee or charge shall notexceed the reasonable cost of providing this service.

(g) This section does not limit the authority of local agencies to adopt less restrictiverequirements for the creation of an accessory dwelling unit.

(h) Local agencies shall submit a copy of the ordinance adopted pursuant tosubdivision (a) to the Department of Housing and Community Development within60 days after adoption.

(i) As used in this section, the following terms mean:(1) “Living area” means the interior habitable area of a dwelling unit including

basements and attics but does not include a garage or any accessory structure.(2) “Local agency” means a city, county, or city and county, whether general law

or chartered.(3) For purposes of this section, “neighborhood” has the same meaning as set forth

in Section 65589.5.(4) “Accessory dwelling unit” means an attached or a detached residential dwelling

unit which provides complete independent living facilities for one or more persons.It shall include permanent provisions for living, sleeping, eating, cooking, andsanitation on the same parcel as the single-family dwelling is situated. An accessorydwelling unit also includes the following:

(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.(B) A manufactured home, as defined in Section 18007 of the Health and Safety

Code.

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(5) “Passageway” means a pathway that is unobstructed clear to the sky and extendsfrom a street to one entrance of the accessory dwelling unit.

(j) Nothing in this section shall be construed to supersede or in any way alter orlessen the effect or application of the California Coastal Act (Division 20 (commencingwith Section 30000) of the Public Resources Code), except that the local governmentshall not be required to hold public hearings for coastal development permitapplications for accessory dwelling units.

(Amended by Stats. 2016, Ch. 735, Sec. 1.5. (AB 2299) Effective January 1, 2017.)

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Attachment 2Goleta Water District Information Regarding ADU

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Attachment 3City of Santa Barbara ADU Handout

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Attachment 4County of Santa Barbara draft ADU ordinance

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ATTACHMENT 3: COUNTY LUDC ORDINANCE AMENDMENT

CASE NO. 16ORD-00000-00014

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ATTACHMENT 3: COUNTY LUDC ORDINANCE AMENDMENT

CASE NO. 16ORD-00000-00014

ORDINANCE NO. __________

AN ORDINANCE AMENDING SECTION 35-1, THE SANTA BARBARA COUNTY LAND USE

AND DEVELOPMENT CODE, OF CHAPTER 35, ZONING, OF THE COUNTY CODE BY

AMENDING ARTICLE 35.2, ZONES AND ALLOWABLE LAND USES, ARTICLE 35.3, SITE

PLANNING AND OTHER PROJECT STANDARDS, ARTICLE 35.4, STANDARDS FOR

SPECIFIC LAND USES, ARTICLE 35.7, SITE DEVELOPMENT REGULATIONS, ARTICLE 35.8,

PLANNING PERMIT PROCEDURES, ARTICLE 35.10, LAND USE AND DEVELOPMENT

CODE ADMINISTRATION, AND ARTICLE 35.11, GLOSSARY, TO IMPLEMENT NEW

REGULATIONS AND DEVELOPMENT STANDARDS REGARDING ACCESSORY DWELLING

UNITS.

16ORD-00000-00014

The Board of Supervisors of the County of Santa Barbara ordains as follows:

SECTION 1:

ARTICLE 35.2, Zones and Allowable Land Uses, of Section 35-1, the Santa Barbara County Land Use

and Development Code, of Chapter 35, Zoning, of the Santa Barbara County Code, is hereby amended

to amend the Residential section of Table 2-1, Allowed Land Uses and Permit Requirements for

Agricultural Zones, of Section 35. 21.030, Agricultural Zones Allowable Land Uses, of Chapter 35.21,

Agricultural Zones, to read as follows:

Table 2-1 - Continued

Allowed Land Uses and Permit Requirements

for Agricultural Zones

E Allowed use, no permit required (Exempt)

P Permitted use, Land Use or Coastal Permit required (2)

MCUP Minor Conditional Use Permit required

CUP Conditional Use Permit required

S Permit determined by Specific Use Regulations

― Use Not Allowed

LAND USE (1) PERMIT REQUIRED BY ZONE Specific Use

Regulations AG-I AG-I CZ AG-II AG-II CZ

RESIDENTIAL USES

Accessory dwelling unit S ― 35.42.015

Agricultural employee housing, 4 or fewer employees P MCUP P MCUP 35.42.030

Agricultural employee housing, 5 or more employees CUP CUP CUP CUP 35.42.030

Artist studio P P P P 35.42.150

Dwelling, one-family (3) P P P P

Farmworker dwelling unit P P 35.42.135

Farmworker housing complex P CUP 35.42.135

Guesthouse P P P P 35.42.150

Home occupation P P P P 35.42.190

Monastery CUP ― CUP ―

Residential accessory uses and structures P P P P 35.42.020

Residential agricultural unit, attached (4) ― ― P ― 35.42.210

Residential agricultural unit, detached and clustered (4) ― ― P ― 35.42.210

Residential agricultural unit, remotely sited ― ― MCUP ― 35.42.210

Residential second unit - attached (4) P P ― ― 35.42.230

Residential second unit - detached (4) P MCUP ― ― 35.42.230

Special care home, 7 or more clients MCUP MCUP MCUP MCUP 35.42.090

Key to Zone Symbols

AG-I Agriculture I

AG-II Agriculture II

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Section 35.21.030.C.

(3) One-family dwelling may be a mobile home on a permanent foundation, see Section 35.42.205.

(4) Limited to specific locations. See the limitations on location for the use in Chapter 35.42 (Standards for Specific Land Uses).

29

Case Nos. 16ORD-00000-000014, -00015 & -00016 Accessory Dwelling Units Ordinance Amendments

Board of Supervisors Hearing of August 29, 2016

Attachment 3 - Page 2

SECTION 2:




Residential Zones, of Section 35.23.030, Residential Zones Allowable Land Uses, of Chapter 35.23,

Residential Zones, to read as follows:


Allowed Land Uses and Permit

Requirements for Residential Zones






― Use Not Allowed

LAND USE (1) PERMIT REQUIRED BY ZONE

Specific Use Regulations RR

RR CZ

R-1/E-1 R-1/E-1

CZ EX-1

EX-1 CZ

RESIDENTIAL USES

Accessory dwelling unit S S S 35.42.015

Dwelling, one-family P(3)(4) P(4) P(3)(4) P(4) P(3)(4) P(4)

Dwelling, two-family ― ― ― ― ― ―

Dwelling, multiple ― ― ― ― ― ―

Emergency shelter ― ― ― ― ― ―

Farmworker dwelling unit P P P 35.42.135

Farmworker housing complex CUP MCUP MCUP 35.42.135

Guesthouse or artist studio P P P P P P 35.42.150

Home occupation P P P P P P 35.42.190

Mobile Home Park CUP CUP CUP CUP CUP CUP

Monastery CUP ― CUP ― CUP ―

Organizational house (sorority, monastery, etc.) ― ― ― ― ― ―

Residential accessory use or structure P P P P P P 35.42.020

Residential project convenience facilities ― ― ― ― ― ―

Residential second unit P P P P P P 35.42.230

Special care home, 7 or more clients MCUP MCUP MCUP MCUP MCUP MCUP 35.42.090

Key to Zone Symbols

RR Rural Residential/Residential Ranchette EX-1 One-Family Exclusive Residential

R-1/E-1 Single-Family Residential CZ Coastal Zone

Notes: (1) See Article 35.11 (Glossary) for land use definitions.


(3) A Zoning Clearance (Section 35.82.210) is required instead of a Land Use Permit (Section 35.82.110) for a primary single-family

dwelling on a lot that resulted from the recordation of a Final (tract) Map for which its Tentative Map was approved after January 1,

1990, and was vacant at the time the Final Map was recorded.

(4) One-family dwelling may be a mobile home on a permanent foundation, see Section 35.42.205.

30




SECTION 3:













ZC Zoning Clearance


― Use Not Allowed


Specific Use Regulations R-2

R-2 CZ

DR DR CZ

MR-O PRD PRD CZ

RESIDENTIAL USES

Accessory dwelling unit ― ― ― ―

Dwelling, one-family P(3) P P(3) P ― P(3) P

Dwelling, two-family P P P P ― P P

Dwelling, multiple ― ― P P ZC P P

Emergency shelter ― ― ― ― ― ― ―

Farmworker dwelling unit P P ― P 35.42.135

Farmworker housing complex MCUP P ― ― 35.42.135

Guesthouse or artist studio ― ― ― ― ― ― ―

Home occupation P P P P P P P 35.42.190

Mobile home park CUP CUP CUP CUP CUP CUP CUP

Monastery CUP ― CUP ― ― CUP ―

Organizational house (sorority, monastery, etc.) ― ― CUP(4) CUP(4) ― ― ―

Residential accessory use or structure P P P P ZC P P 35.42.020

Residential project convenience facilities ― ― P P ZC P P 35.42.220

Residential second unit ― ― ― ― ― ― ―

Special care home, 7 or more clients MCUP MCUP MCUP MCUP MCUP MCUP MCUP 35.42.090

Key to Zone Symbols

R-2 Two-Family Residential PRD Planned Residential Development

DR Design Residential CZ Coastal Zone

MR-O Multi-Family Residential - Orcutt



(3) A Zoning Clearance (Section 35.82.210) is required instead of a Land Use Permit (Section 35.82.110) for a primary one-family dwelling

on a lot that resulted from recordation of a Final (Tract) Map for which its Tentative Map was approved after January 1, 1990, and was

vacant at the time the Final Map was recorded.

(4) Limited to student housing facilities located in an area where such facilities are to be used by students of a permitted educational

facility.

31




SECTION 4:














― Use Not Allowed


Specific Use Regulations SLP

SR-M CZ

SR-H CZ

MHP MHP CZ

MHS

RESIDENTIAL USES

Accessory dwelling unit ― ― ―

Dwelling, one-family P(3) P P ― ― ―

Dwelling, two-family ― P P ― ― ―

Dwelling, multiple ― P P ― ― ―

Emergency shelter ― ― P ― ― ―

Farmworker dwelling unit P ― ― 35.42.135

Farmworker housing complex ― ― ― 35.42.135

Guesthouse or artist studio ― ― ― ― ― ―

Home occupation P P P ― ― P 35.42.190

Mobile home park CUP CUP CUP P(4) P(4) CUP

Mobile home ― ― ― P P P(5)

Modular home ― ― ― ― ― P

Monastery CUP ― ― CUP ― CUP

Organizational house (sorority, monastery, etc.) ― ― P ― ― ―

Residential accessory use or structure P P P P P P 35.42.020

Residential project convenience facilities ― ― ― P P ― 35.42.220

Residential second unit ― ― ― ― ― ―

Special care home, 7 or more clients MCUP MCUP MCUP MCUP MCUP MCUP 35.42.090

Key to Zone Symbols

SLP Small Lot Planned Development MHP Mobile Home Planned Development

SR-M Medium Density Student Residential MHS Mobile Home Subdivision

SR-H High Density Student Residential CZ Coastal Zone



(3) A Zoning Clearance (Section 35.82.210) is required instead of a Land Use Permit (Section 35.82.110) for a primary single-family

dwelling on a lot that resulted from the recordation of a Final (Tract) Map for which its Tentative Map was approved after January 1,

1990, and was vacant at the time the Final Map was recorded.

(4) See Section 35.23.080 (Mobile Home Park zone standards).

(5) Mobile home must be on a permanent foundation, see Section 35.42.205

32




SECTION 5:



to amend Table 2-11, Residential Zones Development Standards, of Section 35.23.050, Residential

Zones Development Standards, of Chapter 35.23, Residential Zones, to read as follows:

Table 2-11 - Residential Zones Development Standards

Development Feature

Requirement by Zone

RR & RR (CZ) Rural Residential

Ranchette

R-1/E-1 & R-1/E-1 (CZ) Single Family Residential

EX-1 & EX-1 (CZ) One-Family Exclusive

Residential

Residential density Maximum number of dwelling units allowed on a lot. The actual number of units allowed will be

determined through subdivision or planning permit approval.

Maximum density One one-family dwelling per lot; plus one second accessory dwelling unit where allowed in

compliance with Section 35.42.230 (Residential Second Units) Section 35.42.015 (Accessory

Dwelling Units); Farm employee units Agricultural employee housing and farmworker housing if

allowed by Section 35.23.030 (Residential Zones Allowable Land Uses).

The lot shall also comply with Section 35.23.040 (Residential Zones Lot Standards), as applicable.

Setbacks Minimum setbacks required. See Section 35.30.150 (Setback Requirements and Exceptions) for

exceptions. Required building separation is between buildings on the same site.

Front - Primary 50 ft from road centerline and 20 ft from right-of-way, or

20 ft from private easement serving 5 or more lots.

Lot within SC-MC overlay - as required by Section 35.28.175

(SC-MC Overlay Zone)

75 ft from road centerline;

125 ft from centerline of road

with right-of-way of 80 ft or

more.

Front - Secondary Lot width less than 100 ft - 20% of lot width, 10 ft minimum;

Lot width 100 ft or more - Same as primary front setback.

Lot within SC-MC overlay - as required by Section 35.28.175 (SC-MC Overlay Zone).

Side 20 ft; 10% of lot width on a lot

of less than 1 acre, with no less

than 5 ft or more than 10 ft

required.

10% of lot width; except where

zoned for minimum lot area of:

2 acre or less - 5 ft minimum,

10 ft maximum required;

3 acre or more - 10 ft

minimum, 20 ft maximum

required.

25 ft; see Section 35.23.070

(EX-1 Zone Standards) for a lot

less than 150 ft wide.

Rear 20 ft; 25 ft on a lot of less than

1 acre.

25 ft; 15 ft if rear abuts

permanent open space or a

street without access.

25 ft.

Accessory structures See Section 35.42.020 (Accessory Structures and Uses).

Building separation None, except as required by

Building Code.

5 ft between a dwelling or guesthouse, and another detached

structure; otherwise none, except as required by Building Code..

Height limit Maximum allowable height of structures except where a lesser height is required by design review

or other provisions of this Development Code. See Section 35.30.090 (Height Measurement,

Exceptions and Limitations) for height measurement requirements, and height limit exceptions.

Maximum height 35 ft.

Toro Canyon Plan area - 25 ft

for a residential structure.

Coastal - 25 ft.

Inland - 35 ft.

Toro Canyon Plan area - 25

ft. for a residential structure.

Summerland Community

Plan area - 25 ft. for a

residential structure in the

Urban area and Existing

Developed Rural

Neighborhoods. 16 ft. in the

Rural area. See Section

35.28.210 (Community Plan

Overlays).

Coastal Zone - 25 ft.

Inland - 30 ft.

Landscaping See Chapter 35.34 (Landscaping Standards)

Parking See Chapter 35.36 (Parking and Loading Standards)

Signs See Chapter 35.38 (Sign Standards)

33




SECTION 6:




Special Purpose Zones, of Section 35.26.030, Residential Zones Allowable Land Uses, of Chapter

35.26, Special Purpose Zones, to read as follows:



for Special Purpose Zones


P Permitted use, Land Use Permit required (2)




― Use Not Allowed

LAND USE (1) PERMIT REQUIRED BY ZONE Specific Use

Regulations MU NTS OT-R OT-R/LC OT-R/GC

RESIDENTIAL USES

Accessory dwelling unit ― CUP (3) P (4) P (4)(5) P (4)(5) 35.42.015

Agricultural employee housing, 4 or fewer employees ― MCUP ― ― ― 35.42.030

Agricultural employee housing, 5 or more employees ― CUP ― ― ― 35.42.030

Caretaker/manager dwelling P ― ― ― ―

Dwelling, one-family ― P (3 6) P (3 6) P (3 5)(4 6) P (3 5)(4 6)

Dwelling, two-family ― ― P (4 5) P (4 5) P (4 5)

Dwelling, multiple P ― P (4 5) P (4 5) P (4 5)

Emergency shelter ― ― ― ― ―

Farmworker dwelling unit ― P P P P 35.42.135

Farmworker housing complex ― P P ― ― 35.42.135

Guest house or artist studio ― P ― ― ― 35.42.160

Home occupation P P P (4 5) P (4 5) P (4 5) 35.42.190

Live/work unit P ― ― ― ― 35.26.050

Mixed use development, residential component P ― ― ― ― 35.26.050

Mobile home park ― ― ― ― ― 35.42.180

Monastery ― ― CUP CUP CUP

Residential accessory use or structure P P P (4 5) P (4 5) P (4 5) 35.42.020

Residential project convenience facility P ― P (4 5) ― ― 35.42.220

Residential second unit ― CUP (5) P (6) P (4)(6) P (4)(6) 35.42.230

Single room occupancy facility (SRO) ― ― ― P P

Special care home, 7 or more clients MCUP ― MCUP MCUP MCUP 35.42.090

Key to Zone Symbols MU Mixed Use OT-R/LC Old Town - Residential/Light Commercial

NTS Naples Townsite OT-R/GC Old Town - Residential/General Commercial

OT-R Old Town - Residential

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.


(3) Not allowed in addition to an artist studio.

(4) Accessory dwelling units restricted to lots where the primary use is a one-family dwelling.

(5) Use not allowed if the OT designation is OT-LC or OT-GC, and not OT-R/LC or OT-G/LC.

(6) A Zoning Clearance (Section 35.82.210) is required instead of a Land Use Permit for a primary one-family dwelling on a lot that

resulted from recordation of a Final (Tract) Map for which its Tentative Map was approved after January 1, 1990, and was vacant at the

time the Final Map was recorded.

(4) Use not allowed if the OT designation is OT-LC or OT-GC, and not OT-R/LC or OT-G/LC.

(5) Not allowed in addition to an artist studio.

(6) Second unit restricted to lots where the primary use is a one-family dwelling.

(7) May include beer brewing and wine making provided (a) the area devoted to beer brewing and wine making, including the area devoted

to equipment and storage of materials and supplies, does not exceed 50 percent of the interior floor area of the primary business, and (b)

the product is primarily sold for on-site consumption.

(8) Must be conducted within a completely enclosed building.

34




SECTION 7:




Special Purpose Zones, of Section 35.26.030, Residential Zones Allowable Land Uses, of Chapter

35.26, Special Purpose Zones, to read as follows:



for the Special Purpose Zones






― Use Not Allowed


Specific Use Regulations PU

PU CZ

REC REC CZ

TC CZ(3)

RESIDENTIAL USES

Accessory dwelling unit ― ―

Caretaker/manager dwelling ― ― MCUP MCUP ―

Dwelling, one-family ― ― ― ― ―

Dwelling, two-family ― ― ― ― ―

Dwelling, multiple ― ― ― ― ―

Emergency shelter ― ― ― ― ―

Farmworker dwelling unit ― ― 35.42.135

Farmworker housing complex ― ― 35.42.135

Home occupation ― ― ― ― ―

Mobile home park ― ― ― ― ―

Monastery ― ― ― CUP CUP

Residential accessory use or structure ― ― ― ― ―

Residential project convenience facility ― ― ―

Residential second unit ― ― ― ― ―

Single room occupancy facility (SRO) ― ― ― ― ―

Special care home, 7 or more clients ― ― ― MCUP MCUP 35.42.090

Key to Zone symbols

PU Public Works Facilities TC Transportation Corridor

REC Recreation CZ Coastal Zone



(3) Uses allowed as a “P” in abutting zones and in compliance with any applicable specific use regulations.

(4) Allowed only in an urban area designated by the Coastal Land Use Plan.

SECTION 8:



to amend to amend Subsection a, One-family dwellings, of Subsection 1, Floor area limit, of

Subsection G, Summerland Community Plan area, of Section 35.28.210, Community Plan overlays, of

Chapter 35.28, Overlay Zones, to read as follows:

a. One-family dwellings. All new one-family dwellings and additions to existing one-family dwellings are

subject to the following standards:

(1) Lots having a lot area (net) of less than 12,000 square feet. On lots with a lot area (net) of less

than 12,000 square feet, the net floor area of structures subject to this Subsection G.1.a shall be in

35




compliance with the following Table 2-31 (One-family Dwelling Floor Area Limits). The net floor

area shall not exceed the amount calculated using the FAR or the Maximum Allowable Square

Footage per Lot Area, whichever is less.

Table 2-31 One-family Dwelling Floor Area Limits

Net Lot Area (square feet)

FAR Maximum Allowable Net Floor

Area per Lot Area (square feet)

2,500 or less 0.50 950

2,501 to 3,600 0.38 1,296

3,601 to 4,700 0.36 1,598

4,701 to 5,800 0.34 1,856

5,801 to 6,900 0.32 2,070

6,901 to 8,100 0.30 2,268

8,101 to 9,400 0.28 2,538

9,401 to 10,800 0.27 2,808

10,801 to 12,000 0.26 3,100

(2) Lots of 12,000 square feet and greater. On lots with a lot area (net) of 12,000 square feet and

greater, the net floor area of structures subject to this Subsection G.1.a shall not exceed 2,500 square

feet plus five percent of the net lot area; however, in no case shall the net floor area exceed 8,000

square feet.

(3) See Subsection G.1.b, below, for allowable adjustments to the maximum floor area.

(4) Accessory dwelling units. The floor area limits enumerated above do not apply to additions to an

existing one-family dwelling that are proposed in order to develop an accessory dwelling unit that is

in compliance with Section 35.42.015 (Accessory dwelling units).

SECTION 9:



to amend to amend Subsection (4), Residential Second Units, of Subsection b, Adjustments to

maximum floor area, of Subsection 1, Floor area limit, of Subsection G, Summerland Community Plan

area, of Section 35.28.210, Community Plan overlays, of Chapter 35.28, Overlay Zones, to read as

follows:

e. Residential Second Accessory Dwelling Units. Up to 300 square feet of floor area (net) devoted to an

attached residential second accessory dwelling unit that is not accessory to an existing one-family

dwelling is not included in the net floor area used to determine compliance with the Subsection G.1,

above.

SECTION 10:

ARTICLE 35.3, Site Planning and Other Project Standards, of Section 35-1, the Santa Barbara County

Land Use and Development Code, of Chapter 35, Zoning, of the Santa Barbara County Code, is hereby

amended to amend Subsection C, Exceptions, of Section 35.30.025, Agricultural Buffers, of Chapter

35.30, Standards for All Development and Land Uses, to read as follows:

C. Exceptions. This Section does not apply to the following:

1. Single-family dwelling, residential second accessory dwelling units and residential accessory

structures.

2. Farm employee dwellings and farm labor camps.

3. Non-agricultural, discretionary development approved prior to May 9, 2013.

36




4. Changes to a non-agricultural, discretionary project approved prior to May 9, 2013, provided that

prior to an action by the review authority to approve an application in compliance with Subsection

35.84.040 C or D the review authority shall first determine that the changes to the project proposed

by the application do not result in any new or greater impacts to agriculture than those resulting

from the already approved project.

a. If the review authority cannot make the determination required in compliance with Subsection

C.4, above, then the project shall be subject to the provisions of this Section.

5. Non-commercial agricultural uses. An agricultural buffer is not required adjacent to a common lot

line between the project site and an adjacent agriculturally zoned lot if the adjacent lot is used for

non-commercial agriculture.

6. State and County roadway projects.

7. Lot line adjustments and modifications to lot line adjustments that:

a. Do not exceed a 10 percent increase or decrease in the area of the smallest existing lot;

and

b. Do not result in an increase in the number of developable lots in compliance with Subsection

35.30.110.B.3.c.

SECTION 11:



amended to amend Section 35.30.090, Height Measurement, Exceptions and Limitations, of Chapter

35.30, Standards for All Development and Land Uses, to add a new Subsection F titled “Accessory

dwelling units” to read as follows; to re-letter existing Subsection F, Fences and Walls, as Subsection

G, to delete existing Subsection G, Greenhouses and greenhouse related development located within

the Carpinteria Agricultural (CA) overlay zone, to delete existing Subsection I, Residential second

units, and to re-letter existing Subsection J, Telecommunication facilities, and Subsection K, Vision

clearance, as Subsections I and J, respectively:

F. Accessory dwelling units. See Section 35.42.015 (Accessory Dwelling Units) for height limits and

exceptions for accessory dwelling units.

SECTION 12:



amended to amend Table 3-5 - Residential Parking Standards, of Subsection A, Not applicable to CM-

LA zone, of Section 35.36.050, Required Number of Spaces: Residential Uses, of Chapter 35.36,

Parking and Loading Standards, to read as follows:

37




Table 3-5 - Residential Parking Standards

Residential Parking Spaces Required

One-family and two-family dwellings (excluding EX-1 &

SLP zones) 2 spaces per dwelling unit (1) (2)

One-family located within EX-1 Zone 6 spaces per dwelling unit

Small Lot Planned Development 2 spaces per dwelling unit and

1 space per 5 lots (for storage of recreational vehicles)

Multiple dwelling units - single bedroom or studio

dwelling unit (3) (4)

1 space per dwelling unit and

1 space per 5 dwelling units (for visitor parking)

Multiple dwelling units - 2 bedrooms (3) (4) 1 space per dwelling unit and


Multiple dwelling units - 3 bedrooms or more (3) (4) 2 spaces per dwelling unit and


Fraternities, sororities, dormitories and boarding and

lodging houses

1 space per 4 beds and

1 space per 2 employees

Mobile Homes - MHP zone

2 spaces per mobile home space and

1 space per 3 mobile home spaces (for visitor parking) and

1 space per 5 mobile home spaces (for storage of

recreational vehicles)

Mobile Home - MHS zone 2 spaces per lot and

1 space per 5 lots (for storage of recreational vehicles)

Retirement and special care homes (not including senior

housing) (4) (5)

1 space per guest room and

1 space per 2 employees

Guesthouse 1 space per guesthouse

Residential second Accessory dwelling unit 1 space per bedroom As determined by Section 35.42.015

(Accessory Dwelling Units)

Notes: (1) In the Mission Canyon Community Plan area (excluding the RR zone), a minimum of 3 spaces shall be required for:

(a) A new dwelling unit,

(b) Habitable additions to an existing dwelling unit, either individually or combined, greater than 500 square feet, or

(c) An addition or remodel of an existing dwelling that includes one or more new bedrooms and results in a dwelling

with three or more bedrooms.

(2) In the Summerland Community Plan area additional parking spaces may be required in compliance with Section

35.28.210 (Community Plan Overlays).

(3) Includes residential units constructed as a live/work unit or a mixed-use residential component.

(4) See Section 35.23.060.D for parking requirements for qualifying affordable housing, senior housing, or special care

housing developments.

(5) Does not apply to special care homes serving 6 or fewer clients that are permitted as a one-family dwelling.

SECTION 13:



amended to amend Subsection K, Modification of parking requirements, of Section 35.36.080,

Standards for All Zones and Uses, of Chapter 35.36, Parking and Loading Standards, to read as

follows:

K. Modifications of parking requirements. Modifications to the parking requirement may be granted, in

compliance with Section 35.42.230 (Residential Second Units) Section 35.42.015 (Accessory Dwelling

Units), Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits), Section

35.82.080 (Development Plans), Section 35.82.130 (Modifications), or Section 35.82.200 (Variances).

SECTION 14:

ARTICLE 35.4, Standards for Specific Land Uses, of Section 35-1, the Santa Barbara County Land

Use and Development Code, of Chapter 35, Zoning, of the Santa Barbara County Code, is hereby

amended by adding a new Section 35.42.015 titled “Accessory Dwelling Units” to read as follows:

38




35.42.015 - Accessory Dwelling Units

A. Purpose and intent. The purpose of this Section is to establish permit procedures and development

standards for attached and detached accessory dwelling units in compliance with California Government

Code Section 65852.2. The intent is to encourage the development of accessory dwelling units that

contribute needed housing to the community’s housing stock.

B. Applicability. An accessory dwelling units may be located on a lot zoned as follows in compliance with

Table 2-7 (Allowed Land Uses and Permit Requirements for Residential Zones) and Table 2-24 (Allowed

Land Uses and Permit Requirements for Special Purpose Zones):

1. Agricultural I (AG-I) provided the lot is zoned either AG-I-5, AG-I-10 or AG-I-20.

2. Residential Ranchette (RR).

3. Single-Family Residential (R-1/E-1).

4. One-Family Exclusive Residential (EX-1).

5. Naples Townsite (NTS).

6. Old Town - Residential (OT-R).

7. Old Town - Residential/Light Commercial (OT-R/LC) where the primary use of the lot is a one-

family dwelling.

8. Old Town - Residential/General Commercial (OT-R/GC) where the primary use of the lot is a one-

family dwelling.

C. Allowed density and use.

1. In compliance with Government Code Section 65852.2, an accessory dwelling unit shall:

a. Be deemed to be an accessory use or an accessory building.

b. Not be considered to exceed the allowable density for the lot upon which it is located.

c. Be deemed to be a residential use that is consistent with the existing Comprehensive Plan and

zoning designation for the lot the accessory dwelling unit is located on.

d. Not be considered in the application of any local ordinance, policy, or program to limit

residential growth.

2. A lot may contain only one accessory dwelling unit.

D. Application and processing requirements.

1. Permit required.

a. Prior to the development or use of a building or portion thereof as an accessory dwelling unit

on a lot that is not zoned NTS (Naples Townsite), an application for Zoning Clearance or a

Land Use Permit, as applicable, shall be submitted in compliance with Section 35.80.030

(Application Preparation and Filing), and the Land Use Permit or Zoning Clearance shall

be issued in compliance with Section 35.82.110 (Land Use Permits) or Section 35.82.210

(Zoning Clearances), as applicable.

(1) Zoning Clearance required. An application for an accessory dwelling unit that is in

compliance with the development standards of Subsection F (Accessory dwelling units

located entirely within existing buildings and are not located on a lot zoned AG-I or

NTS), below, may be permitted with a Zoning Clearance issued in compliance with

Section 35.82.210 (Zoning Clearances).

(2) Land Use Permit required.

(a) An application for an accessory dwelling unit that is in compliance with the

development standards of Subsection G (Accessory dwelling units located either

partially within existing buildings or new accessory buildings and are not located

39




on a lot zoned AG-I or NTS), below, may be permitted with a Land Use Permit

issued in compliance with Section 35.82.110 (Land Use Permits).

(b) An application for an accessory dwelling unit that is in compliance with the

development standards of Subsection H (Development standards for accessory

dwelling units that are not accessory to existing one-family dwellings or are

located on a lot zoned AG-I or NTS), below, may be permitted with a Land Use

Permit issued in compliance with Section 35.82.110 (Land Use Permits).

(c) In order to approve or conditionally approve a Land Use Permit for a detached

accessory dwelling unit on a lot zoned AG-I the Director shall first make all of

the following findings in addition to the required findings under Section

35.82.110 (Land Use Permits):

(i) The accessory dwelling unit is compatible with the design of adjacent

residences and the surrounding neighborhood and shall not cause excessive

noise, traffic, parking, or other disturbance to the existing neighborhood.

(ii) Provisions for onsite parking are adequate for existing and proposed uses.

(iii) The accessory dwelling unit does not substantially change the character, or

cause a concentration of accessory dwelling units sufficient to change the

character of the neighborhood in which it is located.

(iv) The accessory dwelling unit does not significantly infringe upon the

privacy of the surrounding residents.

(v) The proposal complies with the applicable standards of this Section

35.42.015 (Accessory Dwelling Units).

b. Conditional Use Permit required. Prior to the development or use of a building or portion

thereof as an accessory dwelling unit on a lot that is zoned NTS (Naples Townsite), an

application for Conditional Use Permit shall be submitted in compliance with Section

35.80.030 (Application Preparation and Filing), and the Conditional Use Permit shall be

approved in compliance with Section 35.82.060 (Conditional Use Permits and Minor

Conditional Use Permits).

2. Ministerial review. An application for a Zoning Clearance or Land Use Permit for an accessory

dwelling unit shall be considered ministerially without discretionary review or hearing.

a. The Director shall approve, conditionally approve, or deny an application for an accessory

dwelling unit that complies with either Subsection F (Accessory dwelling units located

entirely within existing buildings and are not located on a lot zoned AG-I or NTS), or

Subsection G (Accessory dwelling units located either partially within existing buildings or

new accessory buildings and are not located on a lot zoned AG-I or NTS), below, within 120

days following the submittal of an application to the Department in compliance with

Section 35.80.030 (Application Preparation and Filing).

3. Conflicts with other Sections of this Development Code. Where there are conflicts between

the standards in this Section 35.42.015 (Accessory Dwelling Units), the standards in Section

35.42.020 (Accessory Structures and Uses), and the standards in the specific zone regulations

(Article 35.2 (Zones and Allowable Land Uses)), the provisions of this Section shall prevail.

E. Exclusion areas. Because of the adverse impacts on the public health, safety, and welfare, accessory

dwelling units shall not be allowed in Special Problem Areas designated by the Board except as provided

in Subsections E.1 or E.2 below, based upon the finding that Special Problem Areas by definition are

areas having present or anticipated flooding, drainage, grading, soils, geology, road width, access, sewage

disposal, water supply, location, or elevation problems.

1. Within a designated Special Problem Area, an accessory dwelling unit may be approved if the

Director can make all of the following findings:

40




a. The project application involves two contiguous legal lots under one-ownership, at least one

of which is vacant.

b. Except as provided in Subsection E.1.b.(1), below, the owner has submitted an offer to

dedicate a Covenant of Easement in compliance with Article VII (Covenants of Easement) of

Chapter 35 of the County Code over the vacant lot so long as an accessory dwelling unit is

maintained on the developed lot.

(1) Within the Mission Canyon Community Plan area, the owner shall merge the two

contiguous legal lots through the recordation of a Voluntary Merger prior to issuance of

the building permit for the accessory dwelling unit.

c. The vacant lot is determined to be residentially developable in compliance with the following

criteria:

(1) The lot was legally created, it is not a fraction lot and the documents reflecting its

creation do not preclude the lot from being used for residential purposes or designate

the lot for a nonresidential purpose including well sites, reservoirs, and roads.

(2) The lot has adequate water resources to serve the estimated interior and exterior needs

for residential development as evidenced by:

(a) A letter of service from the appropriate district or company that documents that

adequate water service is available to the lot and that the service is in compliance

with the company’s Domestic Water Supply Permit, or

(b) The owner demonstrates that the lot could be served by a Public Health

Department or State approved water system.

(3) The lot:

(a) Is served by a public sewer system and a letter of available service can be

obtained from the appropriate public sewer district, or

(b) Can be served by an onsite wastewater treatment system that meets all the

requirements of the Public Health Department.

(4) The lot:

(a) Is currently served by an existing private road that meets applicable fire agency

roadway standards that connects to a public road or right-of-way easement, or

(b) Can establish legal access to a public road or right-of-way easement meeting

applicable fire agency roadway standards.

(5) The Special Problems Committee has reviewed the lot and has determined that site

conditions would not cause the Committee to recommend denial of the site for

residential purposes.

2. Except within the Mission Canyon Community Plan area, the Director may approve an accessory

dwelling unit within a designated Special Problem Area where all the applicable development

standards can be met and the project has been reviewed by the Special Problems Committee.

F. Accessory dwelling units located entirely within existing buildings and are not located on a lot zoned

AG-I or NTS. A permit for an accessory dwelling unit that is proposed to be located entirely within an

existing one-family dwelling or an existing accessory building on a lot that contains an existing one-

family dwelling at the time the application for the accessory dwelling unit is submitted and is not zoned

Agricultural I (AG-I) or NTS (Naples Townsite) shall not be issued unless it complies with all of the

following development standards contained in this Subsection F (Accessory dwelling units located

entirely within existing buildings and are not located on a lot zoned AG-I or NTS).

41




1. Appearance and style. Any exterior alterations to an existing building that are the result of the

conversion of all or a portion of the existing building to an accessory dwelling unit are limited to

those that are determined to be minor by the Director (e.g., the addition of doors and windows).

2. Fees. The applicant will be required to pay development impact mitigation fees in compliance with

ordinances and/or resolutions adopted by the County. The amount of the required fee shall be based

on the fee schedules in effect when paid.

3. Height limit. No additional height limit shall apply to an accessory dwelling unit that is proposed to

be located entirely within an existing one-family dwelling or an existing accessory building.

4. Maximum and minimum living area requirements. For the purposes of this Subsection F

(Accessory dwelling units located entirely within existing buildings and are not located on a lot

zoned AG-I or NTS), living area means the interior habitable area of a dwelling unit including

basements and attics but not including an attached garage or any other attached accessory building.

a. Maximum living area. The living area of the accessory dwelling unit shall not exceed the

following standards:

(1) Attached accessory dwelling unit: The living area of an attached accessory dwelling

unit shall not exceed 50 percent of the living area of the principal dwelling that exists at

the time of application for the accessory dwelling unit, provided that the living area of

the accessory dwelling unit does not exceed 1,200 square feet.

(2) Detached accessory dwelling unit: 1,200 square feet.

b. Minimum living area. The living area of an accessory dwelling unit shall be a minimum of

300 square feet unless the accessory dwelling unit qualifies as an Efficiency Unit in

compliance with Health and Safety Code Section 17958.1 and California Building Code

Section 1208.4.

5. Parking requirements. Additional parking spaces are not required to be provided for accessory

dwelling units permitted in compliance with this Subsection F (Accessory dwelling units located

entirely within existing buildings and are not located on a lot zoned AG-I or NTS).

a. When a garage, carport, or covered parking structure is converted or demolished in

conjunction with the construction of an accessory dwelling unit, any replacement parking

spaces which are required to satisfy the parking requirement for the principal dwelling may be

provided in any configuration on the same lot as the accessory dwelling unit, including covered

spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking

lifts.

6. Passageway not required. A passageway shall not be required to be provided in conjunction with

the construction of an accessory dwelling unit.

7. Private and public services.

a. Potable water. Where service by a public water district or mutual water company is not

available, the accessory dwelling unit may be served by a private water system subject to

review and approval by the Public Health Department or State as applicable.

b. Wastewater. Where public sewer service is not available, the accessory dwelling unit may be

served by an onsite wastewater treatment system subject to review and approval by the Public

Health Department.

8. Rental, sale and subdivision.

a. An accessory dwelling unit may be used for rentals provided that the length of any rental shall

be longer than 30 consecutive days.

b. An accessory dwelling unit shall not be sold separately from the principal dwelling.

42




c. Upon the development of an accessory dwelling unit on a lot, the lot shall not be subdivided

unless there is adequate land area to divide the lot in compliance with:

(1) The Comprehensive Plan including any applicable Community Plan or Area Plan.

(2) This Development Code.

9. Residency of lot owner.

a. The owner of the lot shall:

1) Reside on the lot, either in the principal dwelling or in the accessory dwelling unit

except when:

a) A disability or infirmity requires institutionalization of the owner, or

b) The Director approves in writing the owner’s written request for a temporary

absence due to illness, temporary employment relocation, sabbatical, extended

travels, or other good cause.

2) Prior to issuance of a Zoning Clearance in compliance with Section 35.82.210 (Zoning

Clearances):

a) Have received a Homeowners’ Property Tax Exemption from the County

Assessor, or

b) Have submitted to the Department a signed and notarized affidavit stipulating that

the lot is owner-occupied.

b. Upon sale or transfer of ownership of the lot, the new owner shall reside on the lot and shall,

within 90 days of taking possession of the property, either receive a Homeowners’ Property

Tax Exemption from the County Assessor or submit to the Department a signed and notarized

affidavit stipulating that the lot is owner-occupied or the use of the accessory dwelling unit

shall be discontinued and the accessory dwelling unit shall be:

(1) Attached accessory dwelling unit. Removed or converted into a portion of the

principal dwelling or a legal attached accessory structure.

(2) Detached accessory dwelling unit. Removed or converted into a legal detached

accessory structure.

c. Notice to Property Owner required. Before the issuance of a Zoning Clearance in

compliance with Section 35.82.210 (Zoning Clearances), the owner-occupant shall sign and

record a Notice to Property Owner that includes at a minimum the requirement that the owner

reside on the lot.

10. Setbacks. No additional setback shall be required provided the existing side and rear setbacks are

sufficient for fire safety purposes.

G. Accessory dwelling units located either partially within existing buildings or new accessory

buildings and are not located on a lot zoned AG-I or NTS. A permit for an accessory dwelling unit that

is proposed to be located either partially within an existing one-family dwelling or existing accessory

building, or within a new accessory building, on a lot that contains an existing one-family dwelling at the

time the application for the accessory dwelling unit is submitted and is not zoned AG-I (Agricultural I) or

NTS (Naples Townsite) shall not be issued unless it complies with all of the following development

standards contained in this Subsection G (Accessory dwelling units located either partially within existing

buildings or new accessory buildings and are not located on a lot zoned AG-I or NTS).

1. Appearance and style. The exterior appearance and architectural style of the proposed accessory

dwelling unit shall be in compliance with the following.

a. The design of an accessory dwelling unit that will be attached to an existing building shall

reflect the exterior appearance and architectural style of the existing building and use the

43




same or comparable exterior materials, roof covering, colors and design for trim, windows,

roof pitch and other exterior physical features.

b. The design of an accessory dwelling unit that will not be attached to an existing building shall

reflect the exterior appearance and architectural style of the principal dwelling and use the



c. The entrance to an accessory dwelling unit that will be attached to the principal dwelling is

structurally shielded so that the entrance is not visible when viewed from any street abutting

the lot on which the accessory dwelling unit is located. This standard may be waived by the

Director if it would prohibit the construction of an attached accessory dwelling unit on the lot.

d. All exterior lighting complies with Section 35.30.120 (Outdoor Lighting).

e. Proposed landscaping will screen the accessory dwelling unit, including any architectural

elements such as foundations and retaining walls, mechanical equipment, and parking

required to be provided for the accessory dwelling unit, from public viewing areas (e.g.,

public road, trails, recreation areas). Said landscaping shall be compatible with existing

landscaping on the lot in terms of plant species and density of planting.

2. Environmentally sensitive habitat areas. The development of an accessory dwelling unit shall be

in compliance with the requirements of Section 35.28.100 (Environmentally Sensitive Habitat Area

Overlay Zone).




4. Height limit.

a. An accessory dwelling unit shall be in compliance with the following height limits as

applicable. However, these height limits may be exceeded when the portion of the accessory

dwelling unit that would exceed these height limits is:

(1) Located within the existing space of a one-family dwelling or an accessory building.

(2) A proposed addition to an existing building and increased height is necessary to allow

the roofline of the addition to match the roofline of the existing building that is being

added to.

b. Attached accessory dwelling units. The height of an accessory dwelling unit that is attached

to the principal dwelling shall not exceed a vertical distance of 16 feet as measured from the

lowest finished floor of the accessory dwelling unit to:

(1) Located below an existing floor. The bottom of the support system of the floor above.

(2) Located above an existing floor or on-grade where there is no floor above. The

highest points of the coping of a flat roof or to the mean height of the highest gable of a

pitch or hip roof that covers the accessory dwelling unit.

c. Detached accessory dwelling units.

(1) Detached accessory dwelling unit not connected to a detached accessory structure. A detached accessory dwelling unit that is not connected by any means to another

structure shall not exceed a height of 16 feet as determined in compliance with Section

35.30.090 (Height Measurement, Exceptions and Limitations).

(2) Detached accessory dwelling unit connected to a detached accessory structure.

(a) The height of a detached accessory dwelling unit that is connected to a detached

accessory structure shall not exceed a vertical distance of 16 feet as measured

from the lowest finished floor of the accessory dwelling unit to:

44




(i) Located below an existing floor. The bottom of the support system of the

floor above.

(ii) Located above an existing floor or on grade where there is no floor

above. The highest points of the coping of a flat roof or to the mean height

of the highest gable of a pitch or hip roof that covers the accessory dwelling

unit.

(b) The height of the combined structure shall not exceed a height of 25 feet as

determined in compliance with Section 35.30.090 (Height Measurement,

Exceptions and Limitations).

5. Maximum and minimum living area requirements. For the purposes of this Subsection G.5

(Maximum and minimum living area requirements), living area means the interior habitable area

of a dwelling unit including basements and attics but not including an attached garage or any other

attached accessory structure.

a. Maximum living area. The living area of the accessory dwelling unit shall not exceed eight

percent of the net lot area of the lot that the accessory dwelling unit will be located on,

provided that the living area of the accessory dwelling unit does not exceed 1,200 square feet.




Section 1208.4.

6. Parking requirements.

a. Except as provided in Subsection G.6.b, below, in addition to the required parking for the

principal dwelling, a minimum of one off-street parking space shall be provided on the same

lot that the accessory dwelling unit is located on for each bedroom or other room used for

sleeping in the accessory dwelling unit. The additional parking shall be provided as specified

in the base zone and in Chapter 35.36 (Parking and Loading Standards) except that said

parking may be provided as tandem parking on a driveway and in compliance with the

following:

(1) The additional parking shall be permitted in setback areas or through tandem parking,

excluding the front setback area, unless:

(a) Specific findings are made by the Director that parking in setback areas or

tandem parking is not feasible based upon specific site or regional topographical

or fire and life safety conditions, or

(b) The project site is located in a very high fire hazard severity zone.

b. Additional off-street parking spaces are not required to be provided for accessory dwelling

units that comply with any of the following criteria:

(1) The accessory dwelling unit is located within one-half mile of public transit (e.g., a bus

stop).

(2) The accessory dwelling unit is located within an architecturally and historically

significant historic district.

(3) When on-street parking permits are required but not offered to the occupant of the

accessory dwelling unit.

(4) When there is a car share vehicle located within one block of the accessory dwelling

unit.

c. Except as provided in Subsection G.6.c.(1), below, when a garage, carport, or covered parking

structure is converted or demolished in conjunction with the construction of an accessory

dwelling unit, any replacement parking spaces which are required to satisfy the parking

45




requirement for the principal dwelling may be provided in any configuration on the same lot as

the accessory dwelling unit, including covered spaces, uncovered spaces, or tandem spaces, or

by the use of mechanical automobile parking lifts.

(1) A mechanical parking lift shall:

(a) Not be located on a driveway between the principal dwelling and any adjacent

street.

(b) Be located a sufficient distance away from any structures in order to comply with

any fire clearance requirements.

(c) Not be used to provide replacement parking spaces if the project site is located in

a very high fire hazard severity zone.

(d) Be rated for all-weather use unless located within a building.

(e) Be located so that the lift and any vehicles parked thereon are screened from view

from any public road or other area of public use (e.g., park, trail), or any

adjoining lot.

7. Passageway not required. A passageway shall not be required to be provided in conjunction with

the construction of an accessory dwelling unit.


a. Potable water. Where service by a public water district or mutual water company is not

available, the accessory dwelling unit may be served by a private water system subject to

review and approval by the Public Health Department or State as applicable.



Health Department.












except when:





2) Prior to issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use

Permits):


Assessor, or

46















c. Notice to Property Owner required. Before the issuance of a Land Use Permit in

compliance with Section 35.82.110 (Land Use Permits), the owner-occupant shall sign and

record a Notice to Property Owner that includes at a minimum the requirement that the owner

reside on the lot.

11. Setbacks. An accessory dwelling unit shall comply with the setback regulations that apply to the

principal dwelling except as provided below.

a. A setback of five feet from the side and rear lot lines shall be required for an accessory

dwelling unit that is constructed above an existing garage.

12. Tree protection. An application for an accessory dwelling unit shall be in compliance with the

following standards.

a. All development associated with the accessory dwelling unit shall avoid the removal of or

damage to all native trees including native oak trees, and specimen trees.

b. No grading, paving, or other site disturbance shall occur within the dripline of the tree

including the area six feet outside of tree driplines unless the conclusion of a report prepared

by a licensed arborist, and submitted by the applicant, is that the proposed grading, paving, or

other site disturbance will not damage or harm the tree(s).

c. For the purposes of this Subsection 12 (Tree protection) specimen trees are defined as mature

native trees that are healthy and structurally sound and have grown into the natural stature

particular to the species.

13. Historic Landmarks Advisory Commission. If the accessory dwelling unit is proposed to be

located entirely or partially within a building that was constructed prior to 1960, then the

application shall be submitted to the Historic Landmarks Advisory Commission for review and

comment as to the compatibility of the proposed development with the historical context of the

building, whether the development will result in a detrimental effect on any existing or potential

historical significance of the building, and other factors that the Historic Landmarks Advisory

Commission may choose to comment on.

H. Development standards for accessory dwelling units that are not accessory to existing one-family

dwellings or are located on a lot zoned AG-I or NTS. A permit for an accessory dwelling unit that is

proposed to be constructed on a lot that does not contain an existing, one-family dwelling at the time the

application for the accessory dwelling unit is submitted and is proposed to be constructed in conjunction

with the construction of a one-family dwelling, or is located on a lot zoned AG-I (Agricultural I) or NTS

(Naples Townsite), shall not be issued unless it complies with all of the following development standards

contained in this Subsection H (Development standards for accessory dwelling units that are not accessory

to existing one-family dwellings or are located on a lot zoned AG-I or NTS).

1. Accessory to a principal dwelling. The application for the accessory dwelling unit shall be

submitted in conjunction with the application for a principal dwelling. The accessory dwelling unit

shall not be occupied prior to occupation of the principal dwelling.

47




2. Appearance and style. The exterior appearance and architectural style of the proposed accessory

dwelling unit shall be in compliance with the following.

a. The design of an accessory dwelling unit that will be attached to an existing building shall

reflect the exterior appearance and architectural style of the existing building and use the



b. The design of an accessory dwelling unit that will not be attached to an existing building shall

reflect the exterior appearance and architectural style of the principal dwelling and use the



c. The entrance to an accessory dwelling unit that will be attached to the principal dwelling is

structurally shielded so that the entrance is not visible when viewed from any street abutting

the lot on which the accessory dwelling unit is located. This standard may be waived by the

Director if it would prohibit the construction of an attached accessory dwelling unit on the lot.

d. All exterior lighting complies with Section 35.30.120 (Outdoor Lighting).

e. Proposed landscaping will screen the accessory dwelling unit, including any architectural

elements such as foundations and retaining walls, mechanical equipment, and parking

required to be provided for the accessory dwelling unit, from public viewing areas (e.g.,

public road, trails, recreation areas). Said landscaping shall be compatible with existing

landscaping on the lot in terms of plant species and density of planting.

3. Environmentally sensitive habitat areas. The development of an accessory dwelling unit shall be

in compliance with the requirements of Section 35.28.100 (Environmentally Sensitive Habitat Area

Overlay Zone).




5. Height limit.

a. An accessory dwelling unit shall be in compliance with the following height limits as

applicable. However, these height limits may be exceeded when the portion of the accessory

dwelling unit that would exceed these height limits is:

(1) Located within the existing space of a building.

(2) A proposed addition to an existing building and increased height is necessary to allow

the roofline of the addition to match the roofline of the existing building that is being

added to.

b. Attached accessory dwelling units. The height of an accessory dwelling unit that is attached

to the principal dwelling shall not exceed a vertical distance of 16 feet as measured from the

lowest finished floor of the accessory dwelling unit to:

(1) Located below a floor. The bottom of the support system of the floor above.

(2) Located above a floor or on-grade where there is no floor above. The highest points

of the coping of a flat roof or to the mean height of the highest gable of a pitch or hip

roof that covers the accessory dwelling unit.

c. Detached accessory dwelling units.

(1) Detached accessory dwelling unit not connected to a detached accessory structure. A detached accessory dwelling unit that is not connected by any means to another

structure shall not exceed a height of 16 feet as determined in compliance with Section

35.30.090 (Height Measurement, Exceptions and Limitations).

48




(2) Detached accessory dwelling unit connected to a detached accessory structure.

(a) The height of a detached accessory dwelling unit that is connected to a detached

accessory structure shall not exceed a vertical distance of 16 feet as measured

from the lowest finished floor of the accessory dwelling unit to:

(i) Located below a floor. The bottom of the support system of the floor

above.

(ii) Located above a floor or on-grade where there is no floor above. The

highest points of the coping of a flat roof or to the mean height of the

highest gable of a pitch or hip roof that covers the accessory dwelling unit.

(b) The height of the combined structure shall not exceed a height of 25 feet as

determined in compliance with Section 35.30.090 (Height Measurement,

Exceptions and Limitations).

6. Location on lot.

a. A detached accessory dwelling unit proposed on a lot of one acre or less in gross lot area

located within a residential zone shall not be located closer to the principal abutting street than

the principal dwelling unless:

(1) The detached accessory dwelling unit is proposed to be located in a permitted structure

that existed as of July 1, 2003 and no exterior alterations are proposed, or

(2) Other provisions of this Development Code, such as setback requirements, prohibit

construction of the second unit further from the principal abutting street than the

principal dwelling.

b. Where the lot abuts two or more streets, the principal abutting street shall be considered to be

the street that has the highest traffic volumes.

7. Lot area and coverage requirements.

a. Minimum lot area.

(1) Attached accessory dwelling units. The minimum net lot area on which attached

accessory dwelling units may be located shall be 7,000 square feet; however, for lots

legally created before June 2, 1966 this minimum lot area shall be 6,000 square feet.

(2) Detached accessory dwelling units. The minimum net lot area on which detached

accessory dwelling units may be located shall be 10,000 square feet.

b. Maximum lot coverage. The total gross floor area of all buildings located on a lot, including

an accessory dwelling unit, shall not exceed 40 percent of the gross lot area of the lot on

which the accessory dwelling unit is proposed to be located.

1) For the purposes of this Subsection H.7.b, gross floor area includes any partially

enclosed or unenclosed floor area covered by a permanent roof.

8. Maximum and minimum floor area requirements. For the purposes of this Subsection H.8

(Maximum and minimum floor area requirements), gross floor area relates only to directly

accessible appurtenant interior spaces and does not include any floor area not contained within the

accessory dwelling unit, including the floor area of any attached accessory structures or spaces not

directly accessible from the living area of the accessory dwelling unit.

a. Maximum gross floor area. The gross floor area of an accessory dwelling unit shall not

exceed the maximum shown in the table below for the applicable lot area:

49




Type of

Accessory Dwelling Unit

Lot Area

(unless specified = net lot area)

Maximum Accessory Dwelling Unit

Gross Floor Area

Attached

6,000 - 9,999 square feet 600 square feet

10,000 - 19,999 square feet 800 square feet

20,000 square feet or more 1,200 square feet

Detached 10,000 - 19,999 square feet 800 square feet

20,000 square feet or more 1,200 square feet

(1) Attached accessory dwelling unit. In addition to the maximum gross floor area

specified in the table above, an attached accessory dwelling unit shall be located within

the living area of the principal dwelling, or if an increase in floor area is requested, the

increase in floor area shall not exceed 30 percent of the existing living area.

(a) The floor area of the garage attached to the principal dwelling may be included in

the calculation of existing living area provided the garage is to be converted to

living area of the principal dwelling as part of the same permit to allow the

attached accessory dwelling unit.

(b) In the event that an application proposes an addition to the living area of the

existing principal dwelling concurrently with an attached accessory dwelling unit,

the proposed additional living floor area for the principal dwelling shall be used

to calculate existing living area of the principal dwelling.




Section 1208.4.

9. Not allowed if in addition to certain other structures.

a. An accessory dwelling unit shall not be allowed on a lot in addition to:

(1) Agricultural employee dwellings unless the accessory dwelling unit is proposed to be

located on a lot zoned AG-1.

(2) A guesthouse, or

(3) Dwellings other than the principal dwelling that are determined to be nonconforming as

to use, or

(4) An artist studio if the accessory dwelling unit is proposed to be located on a lot zoned

NTS.

b. If an accessory dwelling unit has been approved on a lot, a guesthouse or similar structure

(e.g., artist studio) shall not subsequently be approved unless the accessory dwelling unit is

removed.

10. Parking requirements.

a. Except as provided in Subsection 10.a.(1), below, in addition to the required parking for the

principal dwelling, a minimum of one off-street parking space shall be provided on the same

lot that the accessory dwelling unit is located on for each bedroom or other room used for

sleeping in the accessory dwelling unit. The additional parking shall be provided as specified

in the base zone and in Chapter 35.36 (Parking and Loading Standards).

(1) Except for lots zoned AG-I (Agricultural I) and NTS (Naples Townsite), additional off-

street parking spaces are not required to be provided for accessory dwelling units that

comply with any of the following criteria:

(a) The accessory dwelling unit is located within one-half mile of public transit (e.g., a

bus stop).

50




(b) The accessory dwelling unit is located within an architecturally and historically

significant historic district.

(c) The accessory dwelling unit is proposed to be located entirely within the existing

space of an accessory building.

(d) When on-street parking permits are required but not offered to the occupant of

the accessory dwelling unit.

(e) When there is a car share vehicle located within one block of the accessory

dwelling unit.

b. The Director may grant modifications to allow the additional parking required by these

provisions to be located within the setbacks, excluding the front setback, based on a finding

that because of the topography of the site and the location of the principal dwelling on the

site, the setback requirements cannot be met.

c. The number of additional parking spaces required for the accessory dwelling unit shall not be

reduced.


a. Potable water.

(1) If the principal dwelling is currently served by a public water district or mutual water

company not subject to moratorium for new connections, then the accessory dwelling

unit shall also be served by the appropriate public water district or mutual water

company.

(2) If the principal dwelling is currently served by a public water district or mutual water

company subject to a moratorium for new connections, or if the existing service is by a

private water system and the property is not located in an overdrafted water basin, then

the accessory dwelling unit may be served by a private water system subject to review

and approval by the Public Health Department or State as applicable.



Health Department.












except when:





51




2) Within 90 days of final building permit inspection for the principal dwelling, the owner

shall:


Assessor, or












c. Notice to Property Owner required. Before the issuance of a Land Use Permit in

compliance with Section 35.82.110 (Land Use Permits) or a Conditional Use Permit or a

Minor Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use

Permits and Minor Conditional Use Permits), as applicable, the owner-occupant shall sign

and record a Notice to Property Owner that includes at a minimum the requirement that the

owner reside on the lot.

14. Setbacks. An accessory dwelling unit shall comply with the setback regulations that apply to the

principal dwelling.

15. Tree protection. An application for an accessory dwelling unit shall be in compliance with the

following standards.

a. All development associated with the accessory dwelling unit shall avoid the removal of or

damage to all native trees including native oak trees, and specimen trees.

b. No grading, paving, or other site disturbance shall occur within the dripline of the tree

including the area six feet outside of tree driplines unless the conclusion of a report prepared

by a licensed arborist, and submitted by the applicant, is that the proposed grading, paving, or

other site disturbance will not damage or harm the tree(s).

c. For the purposes of this Subsection 15 (Tree protection) specimen trees are defined as mature

native trees that are healthy and structurally sound and have grown into the natural stature

particular to the species.

16. Historic Landmarks Advisory Commission. If the accessory dwelling unit is proposed to be

located entirely or partially within a building that was constructed prior to 1960, then the

application shall be submitted to the Historic Landmarks Advisory Commission for review and

comment as to the compatibility of the proposed development with the historical context of the

building, whether the development will result in a detrimental effect on any existing or potential

historical significance of the building, and other factors that the Historic Landmarks Advisory

Commission may choose to comment on.

17. Standards that apply to detached accessory dwelling units located on lots zoned AG-I. In

addition to the development standards listed in Subsections H.1 through H.16, above, all

development associated with the construction of a detached accessory unit located on a lot zoned

AG-I shall comply with all of the additional development standards below. If these requirements are

in conflict with other provisions of the Comprehensive Plan or any applicable Community Plan or

Area Plan, this Development Code, or any permit conditions established by the County, the more

restrictive requirements shall control. Detached accessory dwelling units that do not comply with

52




the following may be allowed with a Minor Conditional Use Permit approved in compliance with

Section 35.82.060 (Minor Conditional Use Permits and Conditional Use Permits).

a. The development shall avoid or minimize significant impacts to agricultural to the maximum

extent feasible by siting structures so as to minimize impacts to productive agricultural land,

prime soils, and adjacent agricultural operations.

b. The development shall be located no less than 100 feet from the following environmentally

sensitive habitat areas that are determined by a qualified professional to be intact and of high

quality. This setback may be adjusted upward or downward on a case-by-case basis

depending upon site specific conditions such as slopes, biological resources and erosion

potential.

(1) Native plant communities recognized as rare by California Department of Fish and

Game (2003 or as amended). Examples include Native Grasslands, Maritime chaparral,

Bishop Pine Forests, and Coastal Dune Scrub.

(2) Native Woodlands and Forests.

(3) Nesting, roosting, and/or breeding areas for Rare, Endangered or Threatened animal

species.

(a) Rare, Endangered, or Threatened species are defined as those listed by State or

Federal wildlife agencies under the State or Federal Endangered Species Acts,

candidates for listing, species of special concern, and species that meet the

definition of “rare” in Section 15380 of California Environmental Quality Act.

(b) A separation of greater than 100 feet may be required in order to fully protect

formally listed Endangered Species (e.g., a 100 foot separation may not fully

protect known breeding ponds for California Tiger Salamander).

(4) Plant communities known to contain Rare, Endangered, or Threatened species.

(5) Streams, riparian areas, vernal pools, and wetlands.

(6) Any designated Environmentally Sensitive Habitat Areas.

c. The development shall preserve natural features, landforms and native vegetation such as

trees to the maximum extent feasible.

d. The development shall be compatible with the character of the surrounding natural

environment, subordinate in appearance to natural landforms, and sited so that it does not

intrude into the skyline as seen from public viewing places. At a minimum, the development

shall comply with the following design standards.

(1) Exterior lighting shall be for safety purposes only and shall comply with the following

requirements:

(a) Light fixtures shall be fully shielded (full cutoff) and shall be directed downward

to minimize impacts to the rural nighttime character.

(b) To the extent feasible, lighting shall be directed away from habitat areas, nearby

residences, public roads and other areas of public use.

(2) Building materials and colors (earth tones and non-reflective paints) compatible with

the surrounding natural environment shall be used to maximize the visual compatibility

of the development with surrounding areas.

e. The review authority may add other conditions, consistent with general law and applicable

State and County standards, as necessary to preserve the health, safety, welfare and character

of the residential neighborhood provided that such conditions do not conflict with applicable

policies and provisions of the Comprehensive Plan.

53




18. Standards that apply to detached accessory dwelling units located on residentially zoned lots. In addition to the development standards listed in Subsections H.1 through H.16, above, all

development associated with the construction of a detached accessory dwelling unit located on

residentially zoned lots shall comply with all of the additional development standards below. If

these requirements are in conflict with other provisions of the Comprehensive Plan or any

applicable Community Plan or Area Plan, this Development Code, or any permit conditions

established by the County, the more restrictive requirements shall control.

a. All development shall be located no less than 50 feet from a designated environmentally

sensitive habitat area in urban areas and no less than 100 feet from a designated

environmentally sensitive habitat area in rural areas. If the habitat area delineated on the

applicable zoning maps is determined by the County not to be located on the particular lot or

lots during review of an application for a permit, this development standard shall not apply.

I. Public notice. Notice of an application for an accessory dwelling unit shall be given in compliance with

Chapter 35.106 (Noticing and Public Hearings).

J. Appeals. The action of the Director to approve, conditionally approve, or deny an application for an

accessory dwelling unit is final subject to appeal in compliance with Chapter 35.102 (Appeals).

K. Revocation. Revocation of a Conditional Use Permit, Land Use Permit, or Zoning Clearance, for a

accessory dwelling unit shall be in compliance with Section 35.84.060 (Revocations).

SECTION 15:



amended to amend Subsection 3, Height of Structures, of Subsection B, Development standards, of

Section 35.42.020, Accessory Structures and Uses, of Chapter 35.42, Standards for Specific Land

Uses, to read as follows:

3. Height restrictions. Accessory structures shall comply with the height restrictions of the applicable zones

except as specified below:

a. Accessory dwelling units. See Section 35.42.015 (Accessory Dwelling Units) for height limits for

accessory dwelling units.

b. Fences and walls. See Section 35.30.070 (Fences and Walls) for height limits for fences and walls.

b c. Guesthouses, artist studios and cabañas. See Section 35.42.150 (Guesthouses, Artist Studios, and

Cabañas) for height limits for guesthouses, artist studios and cabañas.

c d. Located in the rear setback. The height limit for accessory structures located in the rear setback is

12 feet except as allowed in compliance with Section 35.42.015 (Accessory Dwelling Units).

d. Residential second units. See Section 35.42.230 (Residential Second Units) for height limits for

residential second units.

e. Telecommunication facilities. See Chapter 35.44 (Telecommunications Facilities) height limits

and exception for commercial and noncommercial telecommunication facilities.

SECTION 16:



amended to amend Subsection a, Location in rear setback, Subsection 4, Setback Requirements, of

Subsection B, Development standards, of Section 35.42.020, Accessory Structures and Uses, of

Chapter 35.42, Standards for Specific Land Uses, to read as follows:

54




a. Location in rear setback.

(1) Accessory dwelling units. An accessory dwelling unit may be located in the required rear setback

only when allowed in compliance with Section 35.42.015 (Accessory Dwelling Units).

(2) Other accessory structures. Except as provided in Subsection B.4.a.(1), above, an An accessory

structure, other than guesthouses, artist studios and cabañas (Section 35.42.150), and residential

second units (Section 35.42.230) may be located in the required rear setback provided that:

(1) (a) It is not attached to the principal structure.

(2) (b) It is located no closer than five feet to the principal structure.

(3) (c) It does not exceed 40 percent of the required rear setback.

(4) (d) It does not exceed a height of 12 feet.

(5) (e) If located on a corner lot backing on a key lot, the accessory structure shall be set back from

the rear property line by a distance equal to the side setback requirement applicable to the key

lot.

(6) (f) A swimming pool, spa, and appurtenant equipment shall not be located closer than five feet to

any property line.

(7) (g) An accessory structure may otherwise be located adjacent to the rear property line provided

that all other provisions (e.g., building code or fire code requirements for separation between

structures) are complied with.

SECTION 17:



amended to amend Subsection 5, Kitchen or cooking facilities/amenities prohibited, of Subsection B,

Development standards, of Section 35.42.020, Accessory Structures and Uses, of Chapter 35.42,

Standards for Specific Land Uses, to read as follows:

5. Kitchen or cooking facilities/amenities prohibited. Accessory structures, including artist studios,

cabañas and guesthouses, shall not contain kitchen or cooking facilities unless the accessory structure is

specifically permitted as a dwelling (e.g., agricultural employee dwellings, residential second accessory

dwelling units). Artist studios, cabañas and guesthouses are not dwellings.

SECTION 18:



amended to amend Subsection 6, Gross floor area and footprint limitations, of Subsection B,

Development standards, of Section 35.42.020, Accessory Structures and Uses, of Chapter 35.42,


6. Gross floor area and footprint limitations. Except for accessory dwelling units allowed in compliance

with Section 35.42.015 (Accessory Dwelling Units), accessory Accessory structures, excluding barns,

garages and stables, shall not exceed a gross floor area 800 square feet if located on a lot of one acre or

less. See also Section 35.42.230 (Residential Second Units).

a. Summerland Community Plan area. See Section 35.28.210.G (Summerland Community

Plan area) for additional standards regarding the allowable floor area of detached accessory

structures.

55




SECTION 19:



amended to amend Subsection 8, Use restrictions, of Subsection B, Development standards, of Section

35.42.020, Accessory Structures and Uses, of Chapter 35.42, Standards for Specific Land Uses, to read

as follows:

8. Use restrictions. Accessory structures shall not be used as guesthouses, artist studios, or cabañas, unless

specifically permitted for these uses. Except for guesthouses or structures specifically permitted as

dwellings, (e.g. accessory dwelling units, agricultural employee dwellings, residential second units)

accessory structures shall not be used for overnight accommodations.

SECTION 20:



amended to amend Subsection F, Additional standards for agricultural employee dwellings located in

the NTS zone, of Section 35.42.030, Agricultural Employee Dwellings, of Chapter 35.42, Standards

for Specific Land Uses, to read as follows:

F. Additional standards for agricultural employee dwellings located in the NTS zone. On a lot zoned

NTS:

a. The minimum gross lot area on which an agricultural employee dwelling may be approved is 100

acres.

b. An agricultural employee dwelling shall not be allowed in addition to an accessory dwelling unit,

artist studio, or guesthouse or residential second unit.

c. The gross floor area of an agricultural employee dwelling shall not exceed 1,200 square

feet.

d. Only one Conditional Use Permit that allows additional dwellings housing five or more employees

may be allowed within each project site area covered by an approved Final Development Plan.

SECTION 21:



amended to amend Subsection O, Additional standards for agricultural employee dwellings located in

the NTS zone, of Section 35.42.150, Guesthouses, Artist Studios, and Cabañas, of Chapter 35.42,


O. Residential second Accessory dwelling unit. If a residential second an accessory dwelling unit exists or

has current approval on a lot, a guesthouse or artist studio shall not also be approved.

SECTION 22:



amended to delete existing Section 35.42.230, Residential Second Units, of Chapter 35.42, Standards

for Specific Land Uses, in its entirety and reserve the section number for future use.

56




SECTION 23:

ARTICLE 35.7, Site Development Regulations, of Section 35-1, the Santa Barbara County Land Use


to amend Subsection 3, Accessory Structures, of Subsection B, Standards for address numbers, of

Section 35.76.060, Address Numbers - Procedures, Standards and Display, of Chapter 35.76, Road

Naming and Address Numbering, to read as follows:

3. Accessory structures. Except for accessory dwellings, including residential second units, as provided

below, an accessory structure shall not be issued a street address number unless the property owner can

demonstrate to the satisfaction of the Fire Department that special circumstances justify a separate

number.

a. A street address number shall be issued for an accessory dwelling unit if required by the Fire

Department.

SECTION 24:

ARTICLE 35.8, Planning Permit Procedures, of Section 35-1, the Santa Barbara County Land Use and

Development Code, of Chapter 35, Zoning, of the Santa Barbara County Code, is hereby amended to

amend Subsection 4, Design review required, of Subsection D, Processing, of Section 35.82.060,

Conditional Use Permits and Minor Conditional Use Permits, of Chapter 35.82, Permit Review and

Decisions, to read as follows:

4. Design review required. Except for Residential Second Accessory Dwelling Units approved in

compliance with Section 35.42.230 (Residential Second Units) 35.42.015 (Accessory Dwelling Units), the

following applications shall be subject to Design Review in compliance with Section 35.82.070 (Design

Review).

a. An application for a Conditional Use Permit.

b. An application for a Minor Conditional Use Permit as specifically identified by the Director, Zoning

Administrator, Commission, or Board.

SECTION 25:



amend Subsection 1, General, of Subsection C, Exceptions to Design Review Requirements, of Section

35.82.070, Design Review, of Chapter 35.82, Permit Review and Decisions, to read as follows:

1. General.

a. Accessory dwelling units; however approval from the Director may be required in compliance with

Section 35.42.015 (Accessory Dwelling Units).

b. Decks.

b c. Fences, gates, gateposts and walls as follows; however, fences, gates, gateposts and walls that are

integral to the structure (e.g., are connected to the structure or form a courtyard adjacent to the

structure) shall be included as part of the Design Review of a new structure or a remodeling or an

addition to a structure requiring Design Review:

(1) Fences, gates, and walls six feet or less in height and gateposts of eight feet or less in height,

when located in the front setback area.

57




(2) Fences, gates, and walls of eight feet or less in height and gateposts of 10 feet or less in height

when located outside of front setback areas and not closer than 20 feet from the right-of way

line of any street.

c d. Hot tubs, spas, and swimming pools.

d e. Interior alterations.

e f. Solar panels.

f g. Other exterior alterations determined to be minor by the Director.

g. Residential second units; however, approval from the Board of Architectural Review Chairperson,

or designee, is required, if the residential second unit would otherwise be subject to Design Review

in compliance with Subsection B (Applicability) above.

SECTION 26:



amend Subsection f, Reduction of parking spaces, of Subsection 3, Allowed Modifications, of

Subsection B, Applicability, of Section 35.82.130, Modifications, of Chapter 35.82, Permit Review

and Decisions, to read as follows:

f. Reduction of parking spaces. A reduction in the required number and/or a Modification in the design or

location of parking spaces and loading zones may be allowed provided that in no case shall:

(1) The number of required parking spaces be reduced in the High Density Student Residential (SR-H),

Medium Density Student Residential (SR-M) or the Single Family Restricted (SF) overlay zones.

(2) The required number of required bicycle parking spaces be reduced,

(3 2) The number of spaces required for a residential second an accessory dwelling unit be reduced or be

allowed to be located within the required front setback area, unless such reduction in the number of

spaces is allowed in compliance with Section 35.42.015 (Accessory Dwelling Units).

(4 3) Any parking or screening requirement for a vehicle with more than two axles, a recreational vehicle

or bus, a trailer, or other non-passenger vehicle be modified.

(5 4) A reduction in the required number of parking spaces for development within the Summerland

Community Plan Area be allowed that results in an increase in on-street parking.

(6 5) The required number of parking spaces in the Mission Canyon Community Plan area be reduced

from three to two in the R-1/E-1 (Single Family Residential) zone for habitable additions to an

existing dwelling unit of 500 square feet or greater or an addition or remodel that includes one or

more new bedrooms and results in a dwelling with three or more bedrooms, unless:

(a) The reduction would preserve the integrity of a historic structure, or

(b) There is no space for the third parking space due to topography, lot configuration, or other

physical constraints as determined by the Director. The reduction shall not be granted if the

addition or remodel is proposed in a location that would be suitable for the required third

parking space.

(c) The floor area of the addition is located within an accessory dwelling unit approved in

compliance with Section 35.42.015 (Accessory Dwelling Units).

SECTION 27:

ARTICLE 35.10, Land Use and Development Code Administration, of Section 35-1, the Santa Barbara

County Land Use and Development Code, of Chapter 35, Zoning, of the Santa Barbara County Code,

58




is hereby amended to amend Subsection (1), Residential structures, of Subsection a, Inland area, of

Subsection 5, Sites within the Mission Canyon Community Plan area or the Toro Canyon Plan Area, of

Subsection B, Damage, of Section 35.101.030, Nonconforming Structures, of Chapter 35.101,

Nonconforming Uses, Structures and Lots, to read as follows:

(1) Residential structures.

(a) A residential structure that is damaged or destroyed by earthquake, fire, flood, vandalism, or other

calamity beyond the control of the owner of the structure may be reconstructed to the same or lesser

size on the same site and in the same general footprint location.

(b) A residential structure that is nonconforming solely due to any policy, development standard, or

zoning regulation first applied and adopted under the applicable Plan that requires partial or

complete reconstruction or structural repair due to normal wear-and-tear (e.g., structural pest

damage or dry rot) may be reconstructed or repaired to the same or lesser size on the same site and

in the same general footprint location.

(c) A residential structure that is nonconforming solely due to its location within an Environmentally

Sensitive Habitat area or Environmentally Sensitive Habitat buffer area may be expanded upward,

or outward and away from the Environmentally Sensitive Habitat area, consistent with Development

Standards BIO-MC-3.8 of the Mission Canyon Community Plan or BIO-TC-7.5 and BIO-TC-7.8 of

the Toro Canyon Plan, and in a manner that otherwise complies with the regulations of the

applicable Plan and this Development Code.

(d) For the purpose of this Subsection, “residential structure” shall mean primary dwellings, secondary

dwellings including Residential Second Units accessory dwelling units, agricultural employee

dwellings, farmworker dwelling units, farmworker housing complexes, farm employee dwellings,

guesthouses, and all attached appurtenances (e.g., garages and storage rooms) that share at least one

common wall with the residential structure. One detached private garage structure may be included

within the meaning of “residential structure” in compliance with Section 35.82.140 (Nonconforming

Status and Extent of Damage Determination).

SECTION 28:



is hereby amended to delete Subsection b, Coastal Zone, of Subsection 5, Sites within the Mission

Canyon Community Plan area or the Toro Canyon Plan Area, of Subsection B, Damage, of Section

35.101.030, Nonconforming Structures, of Chapter 35.101, Nonconforming Uses, Structures and Lots,

in its entirety:

SECTION 29:



is hereby amended to amend Subsection b, Appeals regarding residential second units, of Subsection 2,

Additional requirements for certain appeals, of Subsection C, Requirements for contents of an appeal,

of Section 35.102.020, General Appeal Procedures, of Chapter 35.102, Appeals, to read as follows:

b. Appeals regarding residential second accessory dwelling units.

(1) Coastal Zone. The grounds for an appeal of the approval or conditional approval of a Coastal

Development Permit or Land Use Permit for a residential second unit in compliance with Section

35.42.230 (Residential Second Units) shall be limited to whether the approved or conditionally

approved project is in compliance with the applicable provisions and policies of the Coastal Land

Use Plan and the provisions of this Development Code. If the approval or conditional approval of a

59




Coastal Development Permit or Land Use Permit for a residential second unit is appealed, the

appellant shall identify how the approved or conditionally approved project is not in compliance

with the applicable provisions and policies of the Coastal Land Use Plan and the provisions of this

Development Code.

(2) Inland area. The grounds for an appeal of the approval or conditional approval of a Land Use

Permit for residential second an accessory dwelling unit in compliance with Section 35.42.230

(Residential Second Units) Section 35.42.015 (Accessory Dwelling Units) shall be limited to

whether the approved or conditionally approved project is in compliance with the applicable

development standards for residential second accessory dwelling units provided in Subsection

35.42.230.G (Development standards) Section 35.42.015 (Accessory Dwelling Units). If the

approval or conditional approval of a Land Use Permit for a residential second an accessory

dwelling unit is appealed, the appellant shall identify how the approved or conditionally approved

project is not in compliance with development standards for residential second units provided in

Subsection 35.42.230.G (Development standards) Section 35.42.015 (Accessory Dwelling Units).

SECTION 30:



is hereby amended to amend Subsection e of Subsection 1, By the Department, of Subsection A,

Minimum requirements, of Section 35.106.050, Land Use Permits, of Chapter 35.106, Noticing and

Public Hearings, to read as follows:

e. The contents of the notice shall be in compliance with Section 35.106.080 (Contents of Notice) below.

(1) Notice of applications for Residential Second Units accessory dwelling units, and additions thereto,

as may be allowed in compliance with Section 35.42.230 (Residential Second Units) Section

35.42.015 (Accessory Dwelling Units) shall include a statement that the grounds for appeal of an

approved or conditionally approved Land Use Permit are limited to the demonstration that the

project is inconsistent with the applicable provisions of Subsection 35.42.230.G (Development

standards) Section 35.42.015 (Accessory Dwelling Units).

SECTION 31:

ARTICLE 35.11, Glossary, of Section 35-1, the Santa Barbara County Land Use and Development

Code, of Chapter 35, Zoning, of the Santa Barbara County Code, is hereby amended to amend Section

35.110.020, Definitions of Specialized Terms and Phrases, of Chapter 35.110, Definitions, to amend

the existing definition of “Residential Second Unit” to read as follows:

Residential Second Unit. A dwelling unit on a permanent foundation that provides complete, independent

living facilities for one or more persons in addition to the principal dwelling on the same lot. The residential

second unit may either be an attached residential second unit or detached residential second unit. See Accessory

Dwelling Unit.

1. Attached Residential Second Unit. A residential second unit that shares a common wall with the

principal dwelling.

2. Detached Residential Second Unit. A residential second unit not attached to the principal dwelling by a

common wall.

SECTION 32:



60




35.110.020, Definitions of Specialized Terms and Phrases, of Chapter 35.110, Definitions, to add new

definitions of “Accessory Dwelling Unit” and “Passageway” to read as follows:

Accessory dwelling unit. An attached or a detached residential dwelling unit on a permanent foundation that is

located on the same lot as a one-family dwelling that the accessory dwelling unit is accessory to and (1)

provides complete independent living facilities for one or more persons including permanent provisions for

cooking, eating, living, sanitation, and sleeping, (2) provides interior access between all habitable rooms, and

(3) includes an exterior access that is separate from the access to the principal dwelling or accessory structure

that the accessory dwelling unit is located in. An accessory dwelling unit may also include an efficiency unit, as

defined in Section 17958.1 of Health and Safety Code, and a manufactured home, as defined in Section 18007 of

the Health and Safety Code.

1. Attached accessory dwelling unit. An accessory dwelling unit that shares a common wall with the

principal dwelling.

2. Detached accessory dwelling unit. An accessory dwelling unit that is detached from the principal

dwelling and is located on the same lot as the principal dwelling.

Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the


SECTION 33:



35.110.020, Definitions of Specialized Terms and Phrases, of Chapter 35.110, Definitions, to delete the

existing definitions of “Attached Residential Second Unit,” and “Detached Residential Second Unit.”

SECTION 34:

Except as amended by this Ordinance, Articles 35.2, 35.3, 35.4, 35.7, 35.8, 35.10 and 35.11 of Section

35-1, the Santa Barbara County Land Use and Development Code, of Chapter 35, Zoning, of the

County Code, shall remain unchanged and shall continue in full force and effect.

SECTION 34:

This ordinance shall take effect and be in force 30 days from the date of its passage and before the

expiration of 15 days after its passage a summary of it shall be published once together with the names

of the members of the Board of Supervisors voting for and against the same in the Santa Barbara

News-Press, a newspaper of general circulation published in the County of Santa Barbara.

PASSED, APPROVED AND ADOPTED by the Board of Supervisors of the County of Santa Barbara,

State of California, this __________ day of _______________, 2017, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

61




JOAN HARTMAN, CHAIR

BOARD OF SUPERVISORS

COUNTY OF SANTA BARBARA

ATTEST:

MONA MIYASATO, COUNTY EXECUTIVE OFFICER

CLERK OF THE BOARD

By

Deputy Clerk

APPROVED AS TO FORM:

MICHAEL C. GHIZZONI

COUNTY COUNSEL

By

Deputy County Counsel

62

Attachment 5Demographic Article by Martin John Brown from

http://accessorydwellings.org

63

Attachment 6Comparison of existing City regulations with new ADU provisions

70

COMPARISON OF CITY STANDARDS WITH NEW REGULATIONS

STANDARD CURRENT CITY

STANDARD NEW STATE

REQUIRMENTS CONSISTENT

WITH NEW

REQUIREMENTS* Zoning Districts Allowed

R-1, E-1, AG 1-5, AG 1-10

Zoning Districts where Single Family Homes are allowed as appropriate

Unclear

Process DRB and LUP with noticing and appeal process. Current process has elements of discretion although the DRB/LUP process is called out as “ministerial”

Ministerial Level Review

Unclear

Density/ Special Problem areas

Not allowed in areas designated by the Council as “Special Problem Areas.

ADUs are considered to be allowed accessory uses, shall not be considered to exceed the allowable density, and are deemed consistent with the existing general plan and zoning applicable to the lot. ADUS are allowed on any existing lot with an existing Single Family unit located in either a Single Family or Multiple Family zoning district

Not Consistent

Coastal Zone/Noticing

Subject to Coastal zoning provisions

Subject to Coastal Zone requirements except a public hearing by the City

Not Consistent

71

is no longer required

Service Providers Can and Will serve letters from GWD and GSD/GWSD

Shall not be considered new residential uses for purpose of calculating connection fees or capacity charges; No new connections required.

Unclear

Location Criteria Not allowed in designated “Special Problem areas”.

Might be inconsistencies within regulations. Seems to indicated that City could designate areas for ADUS based on criteria such as adequacy of water and sewer service. Other provisions are very clear that ADUS are allowed on any existing lot with an existing Single Family unit located in either a Single Family or Multiple family zone

Unclear

Number of ADU in addition to Primary Unit

One per lot At least one per lot (Legal staff believes there might be circumstances where more than one could be allowed)

Consistent

Separation between lots with ADUS

Must be greater than 300 feet or more than three lots separating the lots on the same side of the street

Not distance separation allowed

Not Consistent

72

Lot Standards Existing Lot must conform to all minimum requirements of the zoning district

Only requirement is that the primary single unit exists on an existing lot that is zoned either for SF or MF uses

Not Consistent

Lot Size to allow an ADU

Minimum of 7,000 sq. ft. to allow an attached ADU. Minimum of 10,000 sq. ft. to allow a detached ADU

Only requirement is that the primary single unit exists on an existing lot that is zoned either for SF or MF uses

Not Consistent

Size of ADU Based on Lot Size

On lots between 7,000 – 9,9999 sq. ft., max size ADU is 400 sq. ft. On lots between 10,000 – 19,999 sq., the max. size ADU is 600 sq. ft. On lots between 20,000 – 1 acre, max size is 800 sq. ft. On lots over 1 acre, Max size is 1,000 sq. ft.

50% of the floor area of the Primary Unit or 1, 200 sq. ft. for either an attached or detached ADU.

Not Consistent

Zoning Standards (setbacks, height etc.)

Comply with applicable standards

Comply with applicable standards

Consistent

Owner occupied Requires owner to live in one of the units

Requires owner to live in one of the units unless unit is rented for more than 30 days

Not Consistent

Deed Restriction/Covenant

Requires a covenant that requires: 1) owner occupancy of one of the units; 2) ADU not be sold separately from Primary Unit; 3) addresses actions if

Silent Inconsistent

73

owner ceases to live on the site.

Minimum Size of Accessory Unit

Minimum size of 300 sq. ft. no larger than 30% of Primary Unit

Minimum Size specified to be at least size of an efficient unit (150 sq. ft.) as defined in Section 17958.1 of the Health and Safety Code Size is allowed to be up to 50% of Primary Unit but not exceed 1,200 square feet

Inconsistent

Ratio to Gross Lot Area

Total floor area of Primary Unit and ADU not to exceed 40% of gross lot area

Not Specified Anything that

would unreasonably

restrict or prevent the development of an ADU would be

inconsistent Height Attached ADUs

located above the Primary Unit shall not exceed height of the zoning district. Ground level ADU (attached or detached) be one story and not exceed 16 feet in height.

Not Specified Anything that would

unreasonably restrict or prevent

the development of an ADU would be

inconsistent

Entrance ADU may have a separate entrance on the side or rear of the Primary unit. No external stairwells located in side yard setback

Not Specified Anything that would

unreasonably restrict or prevent

the development of an ADU would be

inconsistent Guest House No ADU allowed

when the lot has a guest house until guest house is removed.

ADUs are allowed on any existing lot with an existing SF home located in either a Single or Multiple Family

Not Consistent

74

zoning district regardless of other uses on the site as long as the other development standards are met.

Kitchen/Meters ADU shall have separate kitchen and bathroom facilities and shall have separate utility meters (gas, electricity, communications, water, and sewer)

ADU are to have separate kitchen and bathroom facilities. However, City cannot require separate meters

Partially Consistent/ Inconsistent

Building Code/ Smoke Detectors/Fire Sprinklers

Comply with the Building Code. Smoke Detectors Required in ADU. Silent regarding Sprinklers in ADUs

ADUs required to comply with Building Code. Smoke detectors and/or sprinklers only required if required for Primary Unit.

Consistent

Location of Detached ADU on Lot

Not allowed to be in front of the Primary Unit and there must be at least 10-foot separation between buildings

Not Specified Anything that would unreasonably restrict or prevent the development of an ADU would be inconsistent

Parking for Primary Unit

Required covered parking to be maintained (Either 2 or 3 parking spaces based on house size)

Allowed to be converted into living space. Required parking to be located in any configuration on the lot and can be covered, uncovered or tandem spaces in setback areas

Not Consistent

Parking for ADU In addition to the required parking for the Primary Unit, a minimum of one off street parking space per bedroom required for ADU.

Parking for ADUs may be required if the location is not located within ½ mile of public transit; or is located within an

Partially Consistent/ Inconsistent.

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Parking not allowed within front or side setback area and in no case shall the required number of parking spaces be reduced.

historic district; or is part of the existing unit; or when on-street parking permits are required but not provided to the ADU; or within one block of a car sharing location. Where parking can be required, then it is limited to 1 parking space per unit or bedroom. Parking is allowed within setbacks and in tandem

Design Requirements

ADU to be:

➢ subordinate to the Primary Unit;

➢ design and materials to be consistent with the Primary unit;

➢ Use of manufactured homes as detached ADU allowed, but must be consistent with design of Primary Unit;

➢ Detached ADU must comply with front, rear, and side setback requirements and not

Design standards and/or design review not specified.

-----

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exceed 16 feet in height;

➢ Windows on ADU to be placed to avoid impacting privacy of adjoining residences.

Number of Bedrooms in ADU

Limit of two Not Specified. Anything that would unreasonably restrict or prevent the development of an ADU would be inconsistent

Fees ADUs are subject to the payment of all applicable DIFs.

Subject to Impact Fees as applicable

Consistent. However, review of fees is needed to determine what rates would be appropriate to ADUs

* Any existing provision that is not consistent with the new State regulations is void.

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Attachment 7HCD Memorandum Regarding ADUs

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California Department of Housing and Community Development Where Foundations Begin

Accessory Dwelling Unit Memorandum December 2016

Courtesy of Karen Chapple, UC Berkeley

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Table of Contents Understanding ADUs and Their Importance ...................................................................................... 1

Summary of Recent Changes to Accessory Dwelling Unit Laws ..................................................... 3

Frequently Asked Questions: Accessory Dwelling Units ................................................................. 7

Should an Ordinance Encourage the Development of ADUs? .......................................................... 7

Are Existing Ordinances Null and Void? ........................................................................................... 7

Are Local Governments Required to Adopt an Ordinance? .............................................................. 8

Can a Local Government Preclude ADUs? ...................................................................................... 8

Can a Local Government Apply Development Standards and Designate Areas? ............................. 8

Can a Local Government Adopt Less Restrictive Requirements? .................................................... 9

Can Local Governments Establish Minimum and Maximum Unit Sizes? .......................................... 9

Can ADUs Exceed General Plan and Zoning Densities? ................................................................. 9

How Are Fees Charged to ADUs?.................................................................................................. 11 What Utility Fee Requirements Apply to ADUs…………………………………………………………..11 What Utility Fee Requirements Apply to Non-City and County Service Districts? ........................... 11

Do Utility Fee Requirements Apply to ADUs within Existing Space? .............................................. 11

Does “Public Transit” Include within One-half Mile of a Bus Stop and Train Station? ..................... 11

Can Parking Be Required Where a Car Share is Available? .......................................................... 12

Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? ............................. 12

Is Covered Parking Required? ....................................................................................................... 12

Is Replacement Parking Required When the Parking Area for the Primary Structure is Used for an ADU? ............................................................................................................................................. 12

Are Setbacks Required When an Existing Garage is Converted to an ADU? ................................. 12

Are ADUs Permitted in Existing Residence and Accessory Space? ............................................... 13

Are Owner Occupants Required? .................................................................................................. 13

Are Fire Sprinklers Required for ADUs? ......................................................................................... 13

Is Manufactured Housing Permitted as an ADU? ........................................................................... 14

Can an Efficiency Unit Be Smaller than 220 Square Feet?............................................................. 14

Does ADU Law Apply to Charter Cities and Counties? .................................................................. 14 Do ADUs Count toward the Regional Housing Need Allocation………………………………… ....... 14 Must Ordinances Be Submitted to the Department of Housing and Community Development? ..... 15

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Frequently Asked Questions: Junior Accessory Dwelling Units ................................................... 16

Is There a Difference between ADU and JADU? ............................................................................ 16 Why Adopt a JADU Ordinance?…………………………………………………. ................................. 17 Can JADUs Count towards The RHNA? ........................................................................................ 17

Can the JADU Be Sold Independent of the Primary Dwelling? ....................................................... 17

Are JADUs Subject to Connection and Capacity Fees? ................................................................. 17

Are There Requirements for Fire Separation and Fire Sprinklers? ................................................. 18

Resources .......................................................................................................................................... 19

Attachment 1: Statutory Changes (Strikeout/Underline) ................................................................. 19

Attachment 2: Sample ADU Ordinance .......................................................................................... 26

Attachment 3: Sample JADU Ordinance ........................................................................................ 29

Attachment 4: State Standards Checklist ....................................................................................... 32

Attachment 5: Bibliography ............................................................................................................ 33

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Understanding Accessory Dwelling Units

and Their Importance

California’s housing production is not keeping pace with

demand. In the last decade less than half of the needed housing was built. This lack of housing is impacting affordability with average housing costs in California exceeding the rest of the nation. As affordability becomes more problematic, people drive longer distances between a home that is affordable and where they work, or double up to share space, both of which reduces quality of life and produces negative environmental impacts.

Beyond traditional market-rate construction and government subsidized production and preservation there

are alternative housing models and emerging trends that can contribute to addressing home supply and affordability in California.

One such example gaining popularity are Accessory Dwelling Units (ADUs) (also referred to as second units, in-law units, or granny flats).

ADUs offer benefits that address common development barriers such as affordability and environmental quality. ADUs are an affordable type of home to construct in California because they do not require paying for land, major new infrastructure, structured parking, or elevators. ADUs are built with cost-effective one- or two-story wood frame construction, which is significantly less costly than homes in new multifamily infill buildings. ADUs can provide as much living space as the new apartments and condominiums being built in new infill buildings and serve very well for couples, small families, friends, young people, and seniors.

ADUs are a different form of housing that can help California meet its diverse housing needs. Young professionals and students desire to live in areas close to jobs, amenities, and schools. The problem with high-opportunity areas is that space is limited. There is a shortage of affordable units and the units that are available can be out of reach for many people. To address the needs of individuals or small families seeking living quarters in high opportunity areas, homeowners can construct an ADU on their lot or convert an underutilized part of their home like a garage

What is an ADU

An ADU is a secondary dwelling unit with complete independent living facilities for one or more persons and generally takes three forms:

Detached: The unit is separated from the primary structure Attached: The unit is attached to the primary structure Repurposed Existing Space: Space (e.g., master bedroom) within the primary residence is

converted into an independent living unit Junior Accessory Dwelling Units: Similar to repurposed space with various streamlining measures


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into a junior ADU. This flexibility benefits not just people renting the space, but the homeowner as well, who can receive an extra monthly rent income.

ADUs give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place as they require more care and helping extended families to be near one another while maintaining privacy.

Relaxed regulations and the cost to build an ADU make it a very feasible affordable housing option. A UC Berkeley study noted that one unit of affordable housing in the Bay Area costs about $500,000 to develop whereas an ADU can range anywhere up to $200,000 on the expensive end in high housing cost areas.

ADUs are a critical form of infill-development that can be affordable and offer important housing choices within existing neighborhoods. ADUs are a powerful type of housing unit because they allow for different uses, and serve different populations ranging from students and young professionals to young families, people with disabilities and senior citizens. By design, ADUs are more affordable and can provide additional income to homeowners. Local governments can encourage the development of ADUs and improve access to jobs, education and services for many Californians.

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Summary of Recent Changes to ADU Laws

The California legislature found and declared that, among other things, allowing accessory dwelling units (ADUs) in single family and multifamily zones provides additional rental housing and are an essential component in addressing housing needs in California. Over the years, ADU law has been revised to improve its effectiveness such as recent changes in 2003 to require ministerial approval. In 2017, changes to ADU laws will further reduce barriers, better streamline approval and expand capacity to accommodate the development of ADUs.

ADUs are a unique opportunity to address a variety of housing needs and provide affordable housing options for family members, friends, students, the elderly, in-home health care providers, the disabled,

and others. Further, ADUs offer an opportunity to maximize and integrate housing choices within existing neighborhoods.

Within this context, the Department has prepared this guidance to assist local governments in encouraging the development of ADUs. Please see Attachment 1 for the complete statutory changes. The following is a brief summary of the changes for each bill.

SB 1069 (Wieckowski) S.B. 1069 (Chapter 720, Statutes of 2016) made several changes to address barriers to the development of ADUs and expanded capacity for their development. The following is a brief summary of provisions that go into effect January 1, 2017.

Parking

SB 1069 reduces parking requirements to one space per bedroom or unit. The legislation authorizes off street parking to be tandem or in setback areas unless specific findings such as fire and life safety conditions are made. SB 1069 also prohibits parking requirements if the ADU meets any of the following:

• Is within a half mile from public transit.

• Is within an architecturally and historically significant historic district.

• Is part of an existing primary residence or an existing accessory structure.

• Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU.

• Is located within one block of a car share area.


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Fees

SB 1069 provides that ADUs shall not be considered new residential uses for the purpose of calculating utility connection fees or capacity charges, including water and sewer service. The bill prohibits a local agency from requiring an ADU applicant to install a new or separate utility connection or impose a related connection fee or capacity charge for ADUs that are contained within an existing residence or accessory structure. For attached and detached ADUs, this fee or charge must be proportionate to the burden of the unit on the water or sewer system and may not exceed the reasonable cost of providing the service.

Fire Requirements

SB 1069 provides that fire sprinklers shall not be required in an accessory unit if they are not required in the primary residence.

ADUs within Existing Space

Local governments must ministerially approve an application to create within a single family residential zone one ADU per single family lot if the unit is:

• contained within an existing residence or accessory structure.

• has independent exterior access from the existing residence.

• has side and rear setbacks that are sufficient for fire safety.

These provisions apply within all single family residential zones and ADUs within existing space must be allowed in all of these zones. No additional parking or other development standards can be applied except for building code requirements.

No Total Prohibition

SB 1069 prohibits a local government from adopting an ordinance that precludes ADUs.

AB 2299 (Bloom) Generally, AB 2299 (Chapter 735, Statutes of 2016) requires a local government (beginning January 1, 2017) to ministerially approve ADUs if the unit complies with certain parking requirements, the maximum allowable size of an attached ADU, and setback requirements, as follows:

The unit is not intended for sale separate from the primary residence and may be rented.

The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.

The unit is either attached to an existing dwelling or located within the living area of the existing dwelling or detached and on the same lot.

The increased floor area of the unit does not exceed 50% of the existing living area, with a maximum increase in floor area of 1,200 square feet.

The total area of floorspace for a detached accessory dwelling unit does not exceed 1,200 square feet.

No passageway can be required.

No setback can be required from an existing garage that is converted to an ADU.

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Compliance with local building code requirements.

Approval by the local health officer where private sewage disposal system is being used.

Impact on Existing Accessory Dwelling Unit Ordinances

AB 2299 provides that any existing ADU ordinance that does not meet the bill’s requirements is null and void upon

the date the bill becomes effective. In such cases, a jurisdiction must approve accessory dwelling units based on Government Code Section 65852.2 until the jurisdiction adopts a compliant ordinance.

AB 2406 (Thurmond) AB 2406 (Chapter 755, Statutes of 2016) creates more flexibility for housing options by authorizing local governments to permit junior accessory dwelling units (JADU) through an ordinance. The bill defines JADUs to be a unit that cannot exceed 500 square feet and must be completely contained within the space of an existing residential structure. In addition, the bill requires specified components for a local JADU ordinance. Adoption of a JADU ordinance is optional.

Required Components

The ordinance authorized by AB 2406 must include the following requirements:

• Limit to one JADU per residential lot zoned for single-family residences with a single-family residence already built on the lot.

• The single-family residence in which the JADU is created or JADU must be occupied by the owner of the residence.

• The owner must record a deed restriction stating that the JADU cannot be sold separately from the single-family residence and restricting the JADU to the size limitations and other requirements of the JADU ordinance.

• The JADU must be located entirely within the existing structure of the single-family residence and JADU have its own separate entrance.

• The JADU must include an efficiency kitchen which includes a sink, cooking appliance, counter surface, and storage cabinets that meet minimum building code standards. No gas or 220V circuits are allowed.

• The JADU may share a bath with the primary residence or have its own bath.

Prohibited Components

This bill prohibits a local JADU ordinance from requiring:

• Additional parking as a condition to grant a permit.

• Applying additional water, sewer and power connection fees. No connections are needed as these utilities have already been accounted for in the original permit for the home.

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Fire Safety Requirements

AB 2406 clarifies that a JADU is to be considered part of the single-family residence for the purposes of fire and life protections ordinances and regulations, such as sprinklers and smoke detectors. The bill also requires life and protection ordinances that affect single-family residences to be applied uniformly to all single-family residences, regardless of the presence of a JADU.

JADUs and the RHNA

As part of the housing element portion of their general plan, local governments are required to identify sites with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation (RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a JADU toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit which is fairly flexible. Local government count units as part of reporting to DOF. JADUs meet these definitions and this bill would allow cities and counties to earn credit toward meeting their RHNA allocations by permitting residents to create less costly accessory units. See additional discussion under JADU frequently asked questions.

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Frequently Asked Questions:

Accessory Dwelling Units

Should an Ordinance Encourage the Development of ADUs? Yes, ADU law and recent changes intend to address barriers, streamline approval and expand potential capacity for ADUs recognizing their unique importance in addressing California’s housing needs. The preparation, adoption, amendment and implementation of local ADU ordinances must be carried out consistent with Government Code Section 65852.150:

(a) The Legislature finds and declares all of the following:

(1) Accessory dwelling units are a valuable form of housing in California.

(2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care

providers, the disabled, and others, at below market prices within existing neighborhoods.

(3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of

security.

(4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental

housing stock in California.

(5) California faces a severe housing crisis.

(6) The state is falling far short of meeting current and future housing demand with serious consequences for

the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and

the well-being of our citizens, particularly lower and middle-income earners.

(7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within

existing neighborhoods, while respecting architectural character.

(8) Accessory dwelling units are, therefore, an essential component of California’s housing supply.

(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has

the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating

to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or

burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in

zones in which they are authorized by local ordinance.

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Are Existing Ordinances Null and Void? Yes, any local ordinance adopted prior to January 1, 2017 that is not in compliance with the changes to ADU law will be null and void. Until an ordinance is adopted, local governments must apply “state standards” (See Attachment

4 for State Standards checklist). In the absence of a local ordinance complying with ADU law, local review must be limited to “state standards” and cannot include additional requirements such as those in an existing ordinance.

Are Local Governments Required to Adopt an Ordinance?

No, a local government is not required to adopt an ordinance. ADUs built within a jurisdiction that lacks a local ordinance must comply with state standards (See Attachment 4). Adopting an ordinance can occur through different forms such as a new ordinance, amendment to an existing ordinance, separate section or special regulations within the zoning code or integrated into the zoning code by district. However, the ordinance should be established legislatively through a public process and meeting and not through internal administrative actions such as memos or zoning interpretations.

Can a Local Government Preclude ADUs? No local government cannot preclude ADUs.

Can a Local Government Apply Development Standards and Designate Areas? Yes, local governments may apply development standards and may designate where ADUs are permitted (GC Sections 65852.2(a)(1)(A) and (B)). However, ADUs within existing structures must be allowed in all single family residential zones.

For ADUs that require an addition or a new accessory structure, development standards such as parking, height, lot coverage, lot size and maximum unit size can be established with certain limitations. ADUs can be avoided or allowed through an ancillary and separate discretionary process in areas with health and safety risks such as high fire hazard areas. However, standards and allowable areas must not be designed or applied in a manner that burdens the development of ADUs and should maximize the potential for ADU development. Designating areas where ADUs are allowed should be approached primarily on health and safety issues including water, sewer, traffic flow and public safety. Utilizing approaches such as restrictive overlays, limiting ADUs to larger lot sizes, burdensome lot coverage and setbacks and particularly concentration or distance requirements (e.g., no less than 500 feet between ADUs) may unreasonably restrict the ability of the homeowners to create ADUs, contrary to the intent of the Legislature.


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Can a Local Government Adopt Less Restrictive Requirements? Yes, ADU law is a minimum requirement and its purpose is to encourage the development of ADUs. Local governments can take a variety of actions beyond the statute that promote ADUs such as reductions in fees, less restrictive parking or unit sizes or amending general plan policies.

Can Local Governments Establish Minimum and Maximum Unit Sizes? Yes, a local government may establish minimum and maximum unit sizes (GC Section 65852.2(c). However, like all development standards (e.g., height, lot coverage, lot size), unit sizes should not burden the development of ADUs. For example, setting a minimum unit size that substantially increases costs or a maximum unit size that unreasonably restricts opportunities would be inconsistent with the intent of the statute. Typical maximum unit sizes range from 800 square feet to 1,200 square feet. Minimum unit size must at least allow for an efficiency unit as defined in Health and Safety Code Section 17958.1.

ADU law requires local government approval if meeting various requirements (GC Section 65852.2(a)(1)(D)), including unit size requirements. Specifically, attached ADUs shall not exceed 50 percent of the existing living area or 1,200 square feet and detached ADUs shall not exceed 1,200 square feet. A local government may choose a maximum unit size less than 1,200 square feet as long as the requirement is not burdensome on the creation of ADUs.

Can ADUs Exceed General Plan and Zoning Densities?

Requiring large minimum lot sizes and not allowing smaller lot sizes for ADUs can severely restrict their potential development. For example, large minimum lot sizes for ADUs may constrict capacity throughout most of the community. Minimum lot sizes cannot be applied to ADUs within existing structures and could be considered relative to health and safety concerns such as areas on septic systems. While larger lot sizes might be targeted for various reasons such as ease of compatibility, many tools are available (e.g., maximum unit size, maximum lot coverage, minimum setbacks, architectural and landscape requirements) that allows ADUs to fit well within the built environment.

Santa Cruz has confronted a shortage of housing for many years, considering its growth in population from incoming students at UC Santa Cruz and its proximity to Silicon Valley. The city promoted the development of ADUs as critical infill-housing opportunity through various strategies such as creating a manual to promote ADUs. The manual showcases prototypes of ADUs and outlines city zoning laws and requirements to make it more convenient for homeowners to get information. The City found that homeowners will take time to develop an ADU only if information is easy to find, the process is simple, and there is sufficient guidance on what options they have in regards to design and planning.

The city set the minimum lot size requirement at 4,500 sq. ft. to develop an ADU in order to encourage more homes to build an ADU. This allowed for a majority of single-family homes in Santa Cruz to develop an ADU. For more information, see http://www.cityofsantacruz.com/departments/planning-and-community-development/programs/accessory-dwelling-unit-development-program.

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http://www.cityofsantacruz.com/departments/planning-and-community-development/programs/accessory-dwelling-unit-development-program

http://www.cityofsantacruz.com/departments/planning-and-community-development/programs/accessory-dwelling-unit-development-program

An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning. For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an additional unit. Minimum lot sizes must not be doubled (e.g., 15,000 square feet) to account for an ADU. Further, local governments could elect to allow more than one ADU on a lot.

New developments can increase the total number of affordable units in their project plans by integrating ADUs. Aside from increasing the total number of affordable units, integrating ADUs also promotes housing choices within a development. One such example is the Cannery project in Davis, CA. The Cannery project includes 547 residential units with up to 60 integrated ADUs. ADUs within the Cannery blend in with surrounding architecture, maintaining compatibility with neighborhoods and enhancing community character. ADUs are constructed at the same time as the primary single‐family unit to ensure the affordable rental unit is available in the housing supply concurrent with the availability of market rate housing.

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How Are Fees Charged to ADUs? All impact fees, including water, sewer, park and traffic fees must be charged in accordance with the Fee Mitigation Act, which requires fees to be proportional to the actual impact (e.g., significantly less than a single family home).

Fees on ADUs, must proportionately account for impact on services based on the size of the ADU or number of plumbing fixtures. For example, a 700 square foot new ADU with one bathroom that results in less landscaping should be charged much less than a 2,000 square foot home with three bathrooms and an entirely new landscaped parcel which must be irrigated. Fees for ADUs should be significantly less and should account for a lesser impact such as lower sewer or traffic impacts.

What Utility Fee Requirements Apply to ADUs? Cities and counties cannot consider ADUs as new residential uses when calculating connection fees and capacity charges.

Where ADUs are being created within an existing structure (primary or accessory), the city or county cannot require a new or separate utility connections for the ADU and cannot charge any connection fee or capacity charge.

For other ADUs, a local agency may require separate utility connections between the primary dwelling and the ADU, but any connection fee or capacity charge must be proportionate to the impact of the ADU based on either its size or the number of plumbing fixtures.

What Utility Fee Requirements Apply to Non-City and County Service Districts? All local agencies must charge impact fees in accordance with the Mitigation Fee Act (commencing with Government Code Section 66000), including in particular Section 66013, which requires the connection fees and capacity charges to be proportionate to the burden posed by the ADU. Special districts and non-city and county service districts must account for the lesser impact related to an ADU and should base fees on unit size or number of plumbing fixtures. Providers should consider a proportionate or sliding scale fee structures that address the smaller size and lesser impact of ADUs (e.g., fees per square foot or fees per fixture). Fee waivers or deferrals could be considered to better promote the development of ADUs.

Do Utility Fee Requirements Apply to ADUs within Existing Space? No, where ADUs are being created within an existing structure (primary or accessory), new or separate utility connections and fees (connection and capacity) must not be required.

Does “Public Transit” Include within One-half Mile of a Bus Stop and Train Station? Yes, “public transit” may include a bus stop, train station and paratransit if appropriate for the applicant. “Public

transit” includes areas where transit is available and can be considered regardless of tighter headways (e.g., 15 minute intervals). Local governments could consider a broader definition of “public transit” such as distance to a

bus route.

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Can Parking Be Required Where a Car Share Is Available? No, ADU law does not allow parking to be required when there is a car share located within a block of the ADU. A car share location includes a designated pick up and drop off location. Local governments can measure a block from a pick up and drop off location and can decide to adopt broader distance requirements such as two to three blocks.

Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? Yes, ADU law deliberately reduces parking requirements. Local governments may make specific findings that tandem parking and parking in setbacks are infeasible based on specific site, regional topographical or fire and life safety conditions or that tandem parking or parking in setbacks is not permitted anywhere else in the jurisdiction. However, these determinations should be applied in a manner that does not unnecessarily restrict the creation of ADUs.

Is Covered Parking Required? No, off street parking must be permitted through tandem parking on an existing driveway, unless specific findings are made.

Is Replacement Parking Required When the Parking Area for the Primary Structure Is Used for an ADU? Yes, but only if the local government requires off-street parking to be replaced in which case flexible arrangements such as tandem, including existing driveways and uncovered parking are allowed. Local governments have an opportunity to be flexible and promote ADUs that are being created on existing parking space and can consider not requiring replacement parking.

Are Setbacks Required When an Existing Garage Is Converted to an ADU? No, setbacks must not be required when a garage is converted or when existing space (e.g., game room or office) above a garage is converted. Rear and side yard setbacks of no more than five feet are required when new space is added above a garage for an ADU. In this case, the setbacks only apply to the added space above the garage, not the existing garage and the ADU can be constructed wholly or partly above the garage, including extending beyond the garage walls.

Also, when a garage, carport or covered parking structure is demolished or where the parking area ceases to exist so an ADU can be created, the replacement parking must be allowed in any “configuration” on the lot, “…including,

Local governments must provide reasonable accommodation to persons with disabilities to promote equal access housing and comply with fair housing laws and housing element law. The reasonable accommodation procedure must provide exception to zoning and land use regulations which includes an ADU ordinance. Potential exceptions are not limited and may include development standards such as setbacks and parking requirements and permitted uses that further the housing opportunities of individuals with disabilities.

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but not limited to, covered spaces, uncovered spaces, or tandem spaces, or….” Configuration can be applied in a flexible manner to not burden the creation of ADUs. For example, spatial configurations like tandem on existing driveways in setback areas or not requiring excessive distances from the street would be appropriate.

Are ADUs Permitted in Existing Residence or Accessory Space? Yes, ADUs located in single family residential zones and existing space of a single family residence or accessory structure must be approved regardless of zoning standards (Section 65852.2(a)(1)(B)) for ADUs, including locational requirements (Section 65852.2(a)(1)(A)), subject to usual non-appealable ministerial building permit requirements. For example, ADUs in existing space does not necessitate a zoning clearance and must not be limited to certain zones or areas or subject to height, lot size, lot coverage, unit size, architectural review, landscape or parking requirements. Simply, where a single family residence or accessory structure exists in any single family residential zone, so can an ADU. The purpose is to streamline and expand potential for ADUs where impact is minimal and the existing footprint is not being increased.

Zoning requirements are not a basis for denying a ministerial building permit for an ADU, including non-conforming lots or structures. The phrase, “..within the existing space” includes areas within a primary home or within an attached or detached accessory structure such as a garage, a carriage house, a pool house, a rear yard studio and similar enclosed structures.

Are Owner Occupants Required? No, however, a local government can require an applicant to be an owner occupant. The owner may reside in the primary or accessory structure. Local governments can also require the ADU to not be used for short term rentals (terms lesser than 30 days). Both owner occupant use and prohibition on short term rentals can be required on the same property. Local agencies which impose this requirement should require recordation of a deed restriction regarding owner occupancy to comply with GC Section 27281.5

Are Fire Sprinklers Required for ADUs? Depends, ADUs shall not be required to provide fire sprinklers if they are not or were not required of the primary residence. However, sprinklers can be required for an ADU if required in the primary structure. For example, if the primary residence has sprinklers as a result of an existing ordinance, then sprinklers could be required in the ADU. Alternative methods for fire protection could be provided.

If the ADU is detached from the main structure or new space above a detached garage, applicants can be encouraged to contact the local fire jurisdiction for information regarding fire sprinklers. Since ADUs are a unique opportunity to address a variety of housing needs and provide affordable housing options for family members, students, the elderly, in-home health care providers, the disabled, and others, the fire departments want to ensure the safety of these populations as well as the safety of those living in the primary structure. Fire Departments can help educate property owners on the benefits of sprinklers, potential resources and how they can be installed cost effectively. For example, insurance rates are typically 5 to 10 percent lower where the unit is sprinklered. Finally, other methods exist to provide additional fire protection. Some options may include additional exits, emergency escape and rescue openings, 1 hour or greater fire-rated assemblies, roofing materials and setbacks from property lines or other structures.

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Is Manufactured Housing Permitted as an ADU? Yes, an ADU is any residential dwelling unit with independent facilities and permanent provisions for living, sleeping, eating, cooking and sanitation. An ADU includes an efficiency unit (Health and Safety Code Section 17958.1) and a manufactured home (Health and Safety Code Section 18007).

Can an Efficiency Unit Be Smaller than 220 Square Feet? Yes, an efficiency unit for occupancy by no more than two persons, by statute (Health and Safety Code Section 17958.1), can have a minimum floor area of 150 square feet and can also have partial kitchen or bathroom facilities, as specified by ordinance or can have the same meaning specified in the Uniform Building Code, referenced in the Title 24 of the California Code of Regulations.

Does ADU Law Apply to Charter Cities and Counties? Yes. ADU law explicitly applies to “local agencies” which are defined as a city, county, or city and county whether general law or chartered (Section 65852.2(i)(2)).

Health and Safety Code Section 18007(a) “Manufactured home,” for the purposes of this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home”

includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).

The 2015 International Residential Code adopted by reference into the 2016 California Residential Code (CRC) allows residential dwelling units to be built considerably smaller than an Efficiency Dwelling Unit (EDU). Prior to this code change an EDU was required to have a minimum floor area not less than 220 sq. ft unless modified by local ordinance in accordance with the California Health and Safety Code which could allow an EDU to be built no less than 150 sq. ft. For more information, see HCD’s Information Bulletin at http://www.hcd.ca.gov/codes/manufactured-housing/docs/ib2016-06.pdf .

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http://www.hcd.ca.gov/codes/manufactured-housing/docs/ib2016-06.pdf

Do ADUs Count toward the Regional Housing Need Allocation? Yes, local governments may report ADUs as progress toward Regional Housing Need Allocation pursuant to Government Code Section 65400 based on the actual or anticipated affordability. See below frequently asked questions for JADUs for additional discussion.

Must ADU Ordinances Be Submitted to the Department of Housing and Community Development? Yes, ADU ordinances must be submitted to the State Department of Housing and Community Development within 60 days after adoption, including amendments to existing ordinances. However, upon submittal, the ordinance is not subject to a Department review and findings process similar to housing element law (GC Section 65585)

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Frequently Asked Questions:

Junior Accessory Dwelling Units

Is There a Difference between ADU and JADU? Yes, AB 2406 added Government Code Section 65852.22, providing a unique option for Junior ADUs. The bill allows local governments to adopt ordinances for JADUs, which are no more than 500 square feet and are typically bedrooms in a single-family home that have an entrance into the unit from the main home and an entrance to the outside from the JADU. The JADU must have cooking facilities, including a sink, but is not required to have a private bathroom. Current law does not prohibit local governments from adopting an ordinance for a JADU, and this bill explicitly allows, not requires, a local agency to do so. If the ordinance requires a permit, the local agency shall not require additional parking or charge a fee for a water or sewer connection as a condition of granting a permit for a JADU. For more information, see below.

ADUs and JADUs

REQUIREMENTS ADU JADU

Maximum Unit Size Yes, generally up to 1,200 Square Feet or 50% of living area

Yes, 500 Square Foot Maximum

Kitchen Yes Yes

Bathroom Yes No, Common Sanitation is Allowed

Separate Entrance Depends Yes

Parking Depends, Parking May Be Eliminated and Cannot Be Required Under Specified Conditions

No, Parking Cannot Be Required

Owner Occupancy Depends, Owner Occupancy May Be Required

Yes, Owner Occupancy Is Required

Ministerial Approval Process Yes Yes

Prohibition on Sale of ADU Yes Yes

Courtesy of Lilypad Homes and Photo Credit to Jocelyn Knight

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Why Adopt a JADU Ordinance? JADUs offer the simplest and most affordable housing option. They bridge the gap between a roommate and a tenant by offering an interior connection between the unit and main living area. The doors between the two spaces can be secured from both sides, allowing them to be easily privatized or incorporated back into the main living area. These units share central systems, require no fire separation, and have a basic kitchen, utilizing small plug in appliances, reducing development costs. This provides flexibility and an insurance policy in homes in case additional income or housing is needed. They present no additional stress on utility services or infrastructure because they simply repurpose spare bedrooms that do not expand the homes planned occupancy. No additional address is required on the property because an interior connection remains. By adopting a JADU ordinance, local governments can offer homeowners additional options to take advantage of underutilized space and better address its housing needs.

Can JADUs Count towards the RHNA? Yes, as part of the housing element portion of their general plan, local governments are required to identify sites with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation (RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a unit toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, a JADU, including with shared sanitation facilities, that meets the census definition and is reported to the Department of Finance as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the RHNA based on the appropriate income level. Local governments can track actual or anticipated affordability to assure the JADU is counted to the appropriate income category. For example, some local governments request and track information such as anticipated affordability as part of the building permit application.

Can the JADU Be Sold Independent of the Primary Dwelling? No, the JADU cannot be sold separate from the primary dwelling.

Are JADUs Subject to Connection and Capacity Fees? No, JADUs shall not be considered a separate or new dwelling unit for the purposes of fees and as a result should not be charged a fee for providing water, sewer or power, including a connection fee. These requirements apply to all providers of water, sewer and power, including non-municipal providers.

Local governments may adopt requirements for fees related to parking, other service or connection for water, sewer or power, however, these requirements must be uniform for all single family residences and JADUs are not considered a new or separate unit.

A housing unit is a house, an apartment, a mobile home or trailer, a group of rooms, or a single room that is occupied, or, if vacant, is intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other persons in the building and which have direct access from the outside of the building or through a common hall.

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Are There Requirements for Fire Separation and Fire Sprinklers? Yes, a local government may adopt requirements related to fire and life protection requirements. However, a JADU shall not be considered a new or separate unit. In other words, if the primary unit is not subject to fire or life protection requirements, then the JADU must be treated the same.

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Resources


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Attachment 1: Statutory Changes (Strikeout/Underline)

Government Code Section 65852.2

(a) (1) Any A local agency may, by ordinance, provide for the creation of second accessory dwelling units in single-family and multifamily residential zones. The ordinance may shall do any all of the following:

(A) Designate areas within the jurisdiction of the local agency where second accessory dwelling units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of second accessory dwelling units on traffic flow. flow and

public safety.

(B) (i) Impose standards on second accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places.

(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory

dwelling unit located within its jurisdiction.

(C) Provide that second accessory dwelling units do not exceed the allowable density for the lot upon which the second accessory dwelling unit is located, and that second accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.

(D) Require the accessory dwelling units to comply with all of the following:

(i) The unit is not intended for sale separate from the primary residence and may be rented.

(ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.

(iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the

existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.

(iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing

living area, with a maximum increase in floor area of 1,200 square feet.

(v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet.

(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

(vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a

setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit

that is constructed above a garage.

(viii) Local building code requirements that apply to detached dwellings, as appropriate.

(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.

(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per

bedroom. These spaces may be provided as tandem parking on an existing driveway.

(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through

tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible

based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted

anywhere else in the jurisdiction.

(III) This clause shall not apply to a unit that is described in subdivision (d).

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(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an

accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced, the

replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including,

but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical

automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d).

(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

(3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. Nothing in this paragraph may be construed to require a local government to adopt or amend an ordinance for the creation of ADUs. permits, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001–02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of ADUs. an accessory dwelling unit.

(b) (4) (1) An When existing ordinance governing the creation of an accessory dwelling unit by a local agency which has not adopted an ordinance governing ADUs in accordance with subdivision (a) or (c) receives its first application on or after July 1, 1983, for a permit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to this subdivision unless it or an accessory dwelling ordinance adopted by a local agency subsequent to the effective

date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for

the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or

requirements for those units, except as otherwise provided in this subdivision. In the event that a local agency has

an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance

shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter

apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the

agency adopts an ordinance in accordance with subdivision (a) or (c) within 120 days after receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall grant a variance or special use permit for the creation of a ADU if the ADU complies with all of the following: that complies with this section.

(A) The unit is not intended for sale and may be rented.

(B) The lot is zoned for single-family or multifamily use.

(C) The lot contains an existing single-family dwelling.

(D) The ADU is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.

(E) The increased floor area of an attached ADU shall not exceed 30 percent of the existing living area.

(F) The total area of floorspace for a detached ADU shall not exceed 1,200 square feet.

(G) Requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located.

(H) Local building code requirements which apply to detached dwellings, as appropriate.

(I) Approval by the local health officer where a private sewage disposal system is being used, if required.

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(2) (5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision.

(3) (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed ADUs on lots a proposed accessory dwelling unit on a lot zoned for residential use which contain that contains an existing single-family dwelling. No additional standards, other than those provided in thissubdivision or subdivision (a), subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. owner-occupant or that the property be used for

rentals of terms longer than 30 days.

(4) (7) No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to implement this subdivision. Any A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of ADUs an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision.

(5) (8) A ADU which conforms to the requirements of An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential usewhich that is consistent with the existing general plan and zoning designations for the lot. The ADUs accessory dwelling unit

shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

(c) (b) No When a local agency shall adopt an ordinance which totally precludes ADUs within single-family or multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing ADUs within single-family and multifamily zoned areas justify adopting the ordinance. that has not adopted an ordinance governing accessory dwelling units in accordance with

subdivision (a) receives its first application on or after July 1, 1983, for a permit to create an accessory dwelling

unit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the

application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the

application.

(d) (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached second accessory dwelling units. No minimum or maximum size for a second an accessory dwelling unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings which that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not

required for the primary residence.

(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory

dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit

in any of the following instances:

(1) The accessory dwelling unit is located within one-half mile of public transit.

(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.

(3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

(5) When there is a car share vehicle located within one block of the accessory dwelling unit.

(e) Parking requirements for ADUs shall not exceed one parking space per unit or per bedroom. Additional parking may be required provided that a finding is made that the additional parking requirements are directly related to the

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use of the ADU and are consistent with existing neighborhood standards applicable to existing dwellings. Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an

application for a building permit to create within a single-family residential zone one accessory dwelling unit per

single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure,

has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire

safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the

primary residence.

(f) (1) Fees charged for the construction of second accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section66000). 66000) and Chapter 7 (commencing with Section 66012).

(2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local

agency connection fees or capacity charges for utilities, including water and sewer service.

(A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to

install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a

related connection fee or capacity charge.

(B) For an accessory dwelling unit that is not described in subdivision (e), a local agency may require a new or

separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section

66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the

burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures,

upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ADUs. an accessory dwelling unit.

(h) Local agencies shall submit a copy of the ordinances ordinance adopted pursuant to subdivision (a) or (c) to the Department of Housing and Community Development within 60 days after adoption.

(i) As used in this section, the following terms mean:

(1) “Living area,” area” means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

(2) “Local agency” means a city, county, or city and county, whether general law or chartered.

(3) For purposes of this section, “neighborhood” has the same meaning as set forth in Section 65589.5.

(4) “Second “Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides

complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A second An

accessory dwelling unit also includes the following:

(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.

(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.

(5) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance

of the accessory dwelling unit.

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(j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for second accessory dwelling units.

Government Code Section 65852.22.

(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior

accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for

the creation of a junior accessory dwelling unit, and shall do all of the following:

(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences

with a single-family residence already built on the lot.

(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be

permitted. The owner may reside in either the remaining portion of the structure or the newly created junior

accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land

trust, or housing organization.

(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting

agency, and shall include both of the following:

(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family

residence, including a statement that the deed restriction may be enforced against future purchasers.

(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

(4) Require a permitted junior accessory dwelling unit to be constructed within the existing walls of the structure,

and require the inclusion of an existing bedroom.

(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the

structure, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second

interior doorway for sound attenuation.

(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of

the following:

(A) A sink with a maximum waste line diameter of 1.5 inches.

(B) A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or

propane gas.

(C) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior


(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.

(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of

a fee for that inspection, to determine whether the junior accessory dwelling unit is in compliance with applicable

building standards.

(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local

ordinance regulating the issuance of variances or special use permits, be considered ministerially, without

discretionary review or a hearing. A permit shall be issued within 120 days of submission of an application for a

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permit pursuant to this section. A local agency may charge a fee to reimburse the local agency for costs incurred in

connection with the issuance of a permit pursuant to this section.

(d) For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not

be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city

and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection

requirements within a single-family residence that contains a junior accessory dwelling unit so long as the

ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the

single-family residence includes a junior accessory dwelling unit or not.

(e) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory

dwelling unit shall not be considered a separate or new dwelling unit.

(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related

to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that

contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-

family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.

(g) For purposes of this section, the following terms have the following meanings:

(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained

entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation

facilities, or may share sanitation facilities with the existing structure.

(2) “Local agency” means a city, county, or city and county, whether general law or chartered.

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Attachment 2: Sample ADU Ordinance

Section XXX1XXX: Purpose

This Chapter provides for accessory dwelling units on lots developed or proposed to be developed with single-family dwellings. Such accessory dwellings contribute needed housing to the community’s housing stock. Thus,

accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities, including near transit on single family lots.

Section XXX2XXX: Applicability

The provisions of this Chapter apply to all lots that are occupied with a single family dwelling unit and zoned residential. Accessory dwelling units do exceed the allowable density for the lot upon which the accessory dwelling unit is located, and are a residential use that is consistent with the existing general plan and zoning designation for the lot.

Section XXX3XXX: Development Standards

Accessory Structures within Existing Space

An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within the Chapter if complying with:

1. Building and safety codes 2. Independent exterior access from the existing residence 3. Sufficient side and rear setbacks for fire safety.

Accessory Structures (Attached and Detached)

General:

1. The unit is not intended for sale separate from the primary residence and may be rented. 2. The lot is zoned for residential and contains an existing, single-family dwelling. 3. The accessory dwelling unit is either attached to the existing dwelling or detached from the existing dwelling

and located on the same lot as the existing dwelling. 4. The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing

living area, with a maximum increase in floor area of 1,200 square feet. 5. The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet. 6. Local building code requirements that apply to detached dwellings, as appropriate. 7. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. 8. No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a

setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

9. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

Parking:

1. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback.

2. Parking is not required in the following instances: The accessory dwelling unit is located within one-half mile of public transit, including transit

stations and bus stations.

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The accessory dwelling unit is located in the WWWW Downtown, XXX Area, YYY Corridor and ZZZ Opportunity Area.

The accessory dwelling unit is located within an architecturally and historically significant historic district.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

When there is a car share vehicle located within one block of the accessory dwelling unit. 3. Replacement Parking: When a garage, carport, or covered parking structure is demolished or converted in

conjunction with the construction of an accessory dwelling unit, replacement parking shall not be required and may be located in any configuration on the same lot as the accessory dwelling unit.

Section XXX4XXX: Permit Requirements

ADUs shall be permitted ministerially, in compliance with this Chapter within 120 days of application. The Community Development Director shall issue a building permit or zoning certificate to establish an accessory dwelling unit in compliance with this Chapter if all applicable requirements are met in Section XXX3XXXXX, as appropriate. The Community Development Director may approve an accessory dwelling unit that is not in compliance with Section XXX3XXXX as set forth in Section XXX5XXXX. The XXXX Health Officer shall approve an application in conformance with XXXXXX where a private sewage disposal system is being used.

Section XXX5XXX: Review Process for Accessory Structure Not Complying with

Development Standards

An accessory dwelling unit that does not comply with standards in Section XXX3XX may permitted with a zoning certificate or an administrative use permit at the discretion of the Community Development Director subject to findings in Section XXX6XX

Section XXX6XXX: Findings

A. In order to deny an administrative use permit under Section XXX5XXX, the Community Development Director shall find that the Accessory Dwelling Unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors.

B. In order to approve an administrative use permit under Section XXX5XXX to waive required accessory dwelling unit parking, the Community Development Director shall find that additional or new on-site parking would be detrimental, and that granting the waiver will meet the purposes of this Chapter.

Section XXX7XXX: Definitions

(1) “Living area means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

(2) “Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete

independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:

(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.

(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.

(3) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

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(4) (1) “Existing Structure” for the purposes of defining an allowable space that can be converted to an ADU means

within the four walls and roofline of any structure existing on or after January 1, 2017 that can be made safely habitable under local building codes at the determination of the building official regardless of any non-compliance with zoning standards.

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Attachment 3: Sample JADU Ordinance (Lilypad Homes at http://lilypadhomes.org/)

Draft Junior Accessory Dwelling Units (JADU) – Flexible Housing

Findings:

1. Causation: Critical need for housing for lower income families and individuals given the high cost of living and low supply of affordable homes for rent or purchase, and the difficulty, given the current social and economic environment, in building more affordable housing

2. Mitigation: Create a simple and inexpensive permitting track for the development of junior accessory dwelling units that allows spare bedrooms in homes to serve as a flexible form of infill housing

3. Endangerment: Provisions currently required under agency ordinances are so arbitrary, excessive, or burdensome as to restrict the ability of homeowners to legally develop these units therefore encouraging homeowners to bypass safety standards and procedures that make the creation of these units a benefit to the whole of the community

4. Co-Benefits: Homeowners (particularly retired seniors and young families, groups that tend to have the lowest incomes) – generating extra revenue, allowing people facing unexpected financial obstacles to remain in their homes, housing parents, children or caregivers; Homebuyers - providing rental income which aids in mortgage qualification under new government guidelines; Renters – creating more low-cost housing options in the community where they work, go to school or have family, also reducing commute time and expenses; Municipalities – helping to meet RHNA goals, increasing property and sales tax revenue, insuring safety standard code compliance, providing an abundant source of affordable housing with no additional infrastructure needed; Community - housing vital workers, decreasing traffic, creating economic growth both in the remodeling sector and new customers for local businesses; Planet - reducing carbon emissions, using resources more efficiently;

5. Benefits of Junior ADUs: offer a more affordable housing option to both homeowners and renters, creating economically healthy, diverse, multi-generational communities;

Therefore the following ordinance is hereby enacted:

This Section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit, permitted as set forth under State Law AB 1866 (Chapter 1062, Statutes of 2002) Sections 65852.150 and 65852.2 and subject to different provisions under fire safety codes based on the fact that junior accessory dwelling units do not qualify as “complete independent living facilities” given that the interior connection from the junior accessory dwelling unit to the main living area remains, therefore not redefining the single-family home status of the dwelling unit.

A) Development Standards. Junior accessory dwelling units shall comply with the following standards, including the standards in Table below:

1) Number of Units Allowed. Only one accessory dwelling unit or, junior accessory dwelling unit, may be located on any residentially zoned lot that permits a single-family dwelling except as otherwise regulated or restricted by an adopted Master Plan or Precise Development Plan. A junior accessory dwelling unit may only be located on a lot which already contains one legal single-family dwelling.

2) Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling or the accessory dwelling, except when the home is held by an agency such as a land trust or housing organization in an effort to create affordable housing.

3) Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.

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http://lilypadhomes.org/

4) Deed Restriction: A deed restriction shall be completed and recorded, in compliance with Section B below.

5) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit must be created within the existing walls of an existing primary dwelling, and must include conversion of an existing bedroom.

6) Separate Entry Required: A separate exterior entry shall be provided to serve a junior accessory dwelling unit.

7) Interior Entry Remains: The interior connection to the main living area must be maintained, but a second door may be added for sound attenuation.

8) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components:

a) A sink with a maximum waste line diameter of one-and-a-half (1.5) inches,

b) A cooking facility with appliance which do not require electrical service greater than one-hundred-and-twenty (120) volts or natural or propane gas, and

c) A food preparation counter and storage cabinets that are reasonable to size of the unit.

9) Parking: No additional parking is required beyond that required when the existing primary dwelling was constructed.

Development Standards for Junior Accessory Dwelling Units

SITE OR DESIGN FEATURE SITE AND DESIGN STANDARDS

Maximum unit size 500 square feet

Setbacks As required for the primary dwelling unit

Parking No additional parking required

B) Deed Restriction: Prior to obtaining a building permit for a junior accessory dwelling unit, a deed restriction, approved by the City Attorney, shall be recorded with the County Recorder's office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this Section. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the Department stating that:

1) The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit;

2) The junior accessory dwelling unit is restricted to the maximum size allowed per the development standards;

3) The junior accessory dwelling unit shall be considered legal only so long as either the primary residence, or the accessory dwelling unit, is occupied by the owner of record of the property, except when the home is owned by an agency such as a land trust or housing organization in an effort to create affordable housing;

4) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property.

C) No Water Connection Fees: No agency should require a water connection fee for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard may be assessed.

D) No Sewer Connection Fees: No agency should require a sewer connection fee for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard

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may be assessed.

E) No Fire Sprinklers and Fire Attenuation: No agency should require fire sprinkler or fire attenuation specifications for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard may be assessed.

Definitions of Specialized Terms and Phrases.

“Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete

independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling

unit also includes the following:

(1) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.

(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code.

“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely

within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

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Attachment 4: State Standards Checklist (As of January 1, 2017)

YES/NO STATE STANDARD* GOVERNMENT CODE SECTION

Unit is not intended for sale separate from the primary residence and may be rented.

65852.2(a)(1)(D)(i)

Lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.

65852.2(a)(1)(D))ii)

Accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.

65852.2(a)(1)(D)(iii)

Increased floor area of an attached accessory dwelling unit does not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet.

65852.2(a)(1)(D)(iv)

Total area of floor space for a detached accessory dwelling unit dies not exceed 1,200 square feet.

65852.2(a)(1)(D)(v)

Passageways are not required in conjunction with the construction of an accessory dwelling unit.

65852.2(a)(1)(D)(vi)

Setbacks are not required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines are not required for an accessory dwelling unit that is constructed above a garage.

65852.2(a)(1)(D)(vii)

(Local building code requirements that apply to detached dwellings are met, as appropriate.

65852.2(a)(1)(D)(viii)

Local health officer approval where a private sewage disposal system is being used, if required.

65852.2(a)(1)(D)(ix)

Parking requirements do not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway.

65852.2(a)(1)(D)(x)

* Other requirements may apply. See Government Code Section 65852.2

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Attachment 5: Bibliography

Reports

ACCESSORY DWELLING UNITS: CASE STUDY (26 pp.)

By United States Department of Housing and Urban Development, Office of Policy Development and Research. (2008)

Introduction: Accessory dwelling units (ADUs) — also referred to as accessory apartments, ADUs, or granny flats — are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living spaces are equipped with kitchen and bathroom facilities, and can be either attached or detached from the main residence. This case study explores how the adoption of ordinances, with reduced regulatory restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of Accessory Dwelling Units; and Examples of ADU Ordinances and Programs.

THE MACRO VIEW ON MICRO UNITS (46 pp.)

By Bill Whitlow, et al. – Urban Land Institute (2014) Library Call #: H43 4.21 M33 2014

The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013 to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.

RESPONDING TO CHANGING HOUSEHOLDS: Regulatory Challenges for Micro-units and Accessory Dwelling Units (76 pp.)

By Vicki Been, Benjamin Gross, and John Infranca (2014) New York University: Furman Center for Real Estate & Urban Policy Library Call # D55 3 I47 2014

This White Paper fills two gaps in the discussion regarding compact units. First, we provide a detailed analysis of the regulatory and other challenges to developing both ADUs and micro-units, focusing on five cities: New York; Washington, DC; Austin; Denver; and Seattle. That analysis will be helpful not only to the specific jurisdictions we study, but also can serve as a model for those who what to catalogue regulations that might get in the way of the development of compact units in their own jurisdictions. Second, as more local governments permit or encourage compact units, researchers will need to evaluate how well the units built serve the goals proponents claim they will.

SCALING UP SECONDARY UNIT PRODUCTION IN THE EAST BAY: Impacts and Policy Implications (25 pp.)

By Jake Webmann, Alison Nemirow, and Karen Chapple (2012) UC Berkeley: Institute of Urban and Regional Development (IURD) Library Call # H44 1.1 S33 2012

This paper begins by analyzing how many secondary units of one particular type, detached backyard cottages, might be built in the East Bay, focusing on the Flatlands portions of Berkeley, El Cerrito, and Oakland. We then investigate the potential impacts of scaling up the strategy with regard to housing affordability, smart growth, alternative transportation, the economy, and city budgets. A final section details policy recommendations, focusing on regulatory reforms and other actions cities can take to encourage secondary unit construction, such as promoting carsharing programs, educating residents, and providing access to finance.

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https://www.huduser.gov/portal/publications/adu.pdf

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjXr-OE5YTNAhVQ7mMKHeNTDfQQFggdMAA&url=http%3A%2F%2Fuli.org%2Fwp-content%2Fuploads%2FULI-Documents%2FMicroUnit_full_rev_2015.pdf&usg=AFQjCNG483OnPhYPHDDSgyvcrfgwNRyIOQ

http://furmancenter.org/files/NYUFurmanCenter%20RespondingtoChangingHouseholds%202014%201.pdf

http://furmancenter.org/files/NYUFurmanCenter%20RespondingtoChangingHouseholds%202014%201.pdf

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjA7YyU5oTNAhVY02MKHaQxCzIQFggdMAA&url=http%3A%2F%2Fiurd.berkeley.edu%2Fwp%2F2012-05.pdf&usg=AFQjCNGUM1D42orTM2jyS7RoEkusXbijyA

SECONDARY UNITS AND URBAN INFILL: A literature Review (12 pp.)

By Jake Wegmann and Alison Nemirow (2011) UC Berkeley: IURD Library Call # D44 4.21 S43 2011

This literature review examines the research on both infill development in general, and secondary units in particular, with an eye towards understanding the similarities and differences between infill as it is more traditionally understood – i.e., the development or redevelopment of entire parcels of land in an already urbanized area – and the incremental type of infill that secondary unit development constitutes.

YES, BUT WILL THEY LET US BUILD? The Feasibility of Secondary Units in the East Bay (17 pp.)

By Alison Nemirow and Karen Chapple (2012) UC Berkeley: IURD Library Call # H44.5 1.1 Y47 2012

This paper begins with a discussion of how to determine the development potential for secondary units, and then provides an overview of how many secondary units can be built in the East Bay of San Francisco Bay Area under current regulations. The next two sections examine key regulatory barriers in detail for the five cities in the study (Albany, Berkeley, El Cerrito, Oakland, and Richmond), looking at lot size, setbacks, parking requirements, and procedural barriers. A sensitivity analysis then determines how many units could be built were the regulations to be relaxed.

YES IN MY BACKYARD: Mobilizing the Market for Secondary Units (20 pp.)

By Karen Chapple, J. Weigmann, A. Nemirow, and C. Dentel-Post (2011) UC Berkeley: Center for Community Innovation. Library Call # B92 1.1 Y47 2011

This study examines two puzzles that must be solved in order to scale up a secondary unit strategy: first, how can city regulations best enable their construction? And second, what is the market for secondary units? Because parking is such an important issue, we also examine the potential for secondary unit residents to rely on alternative transportation modes, particular car share programs. The study looks at five adjacent cities in the East Bay of the San Francisco Bay Area (Figure 1) -- Oakland, Berkeley, Albany, El Cerrito, and Richmond -- focusing on the areas within ½ mile of five Bay Area Rapid Transit (BART) stations.

Journal Articles and Working Papers:

BACKYARD HOMES LA (17 pp.)

By Dana Cuff, Tim Higgins, and Per-Johan Dahl, Eds. (2010) Regents of the University of California, Los Angeles. City Lab Project Book.

DEVELOPING PRIVATE ACCESSORY DWELLINGS (6 pp.)

By William P. Macht. Urbanland online. (June 26, 2015) Library Location: Urbanland 74 (3/4) March/April 2015, pp. 154-161.

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http://www.iurd.berkeley.edu/publications/wp/2011-02.pdf

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjpiJrl5oTNAhVJ72MKHUYfAHgQFggcMAA&url=http%3A%2F%2Fiurd.berkeley.edu%2Fwp%2F2012-02.pdf&usg=AFQjCNGsfg3FD62i6kFIOrFVhZX31NjU7Q&bvm=bv.123325700,d.cGc

http://communityinnovation.berkeley.edu/reports/secondary-units.pdf

http://citylab.aud.ucla.edu/files/publications/2010_Backyard_Homes.pdf

http://urbanland.uli.org/development-business/developing-private-accessory-dwellings/

GRANNY FLATS GAINING GROUND (2 pp.)

By Brian Barth. Planning Magazine: pp. 16-17. (April 2016) Library Location: Serials

"HIDDEN" DENSITY: THE POTENTIAL OF SMALL-SCALE INFILL DEVELOPMENT (2 pp.)

By Karen Chapple (2011) UC Berkeley: IURD Policy Brief. Library Call # D44 1.2 H53 2011

California’s implementation of SB 375, the Sustainable Communities and Climate Protection Act of 2008, is putting

new pressure on communities to support infill development. As metropolitan planning organizations struggle to communicate the need for density, they should take note of strategies that make increasing density an attractive choice for neighborhoods and regions.

HIDDEN DENSITY IN SINGLE-FAMILY NEIGHBORHOODS: Backyard cottages as an equitable smart growth strategy (22 pp.)

By Jake Wegmann and Karen Chapple. Journal of Urbanism 7(3): pp. 307-329. (2014)

Abstract (not available in full text): Secondary units, or separate small dwellings embedded within single-family residential properties, constitute a frequently overlooked strategy for urban infill in high-cost metropolitan areas in the United States. This study, which is situated within California’s San Francisco Bay Area, draws upon data

collected from a homeowners’ survey and a Rental Market Analysis to provide evidence that a scaled-up strategy emphasizing one type of secondary unit – the backyard cottage – could yield substantial infill growth with minimal public subsidy. In addition, it is found that this strategy compares favorably in terms of affordability with infill of the sort traditionally favored in the ‘smart growth’ literature, i.e. the construction of dense multifamily housing developments.

RETHINKING PRIVATE ACCESSORY DWELLINGS (5 pp.)

By William P. Macht. Urbanland online. (March 6, 2015) Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91.

ADUS AND LOS ANGELES’ BROKEN PLANNING SYSTEM (4 pp.)

By CARLYLE W. Hall. The Planning Report. (April 26, 2016). Land-use attorney Carlyle W. Hall comments on building permits for accessory dwelling units.

News:

HOW ONE COLORADO CITY INSTANTLY CREATED AFFORDABLE HOUSING

By Anthony Flint. The Atlantic-CityLab. (May 17, 2016).

In Durango, Colorado, zoning rules were changed to allow, for instance, non-family members as residents in already-existing accessory dwelling units.

NEW HAMPSHIRE WINS PROTECTIONS FOR ACCESSORY DWELLING UNITS (1 p.)

NLIHC (March 28, 2016)

Affordable housing advocates in New Hampshire celebrated a significant victory this month when Governor Maggie Hassan (D) signed Senate Bill 146, legislation that allows single-family homeowners to add an accessory

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http://www.iurd.berkeley.edu/publications/policybriefs/IURD-PB-2011-02.pdf

http://www.tandfonline.com/doi/abs/10.1080/17549175.2013.879453#.Vb6v4-hViko

http://www.tandfonline.com/doi/abs/10.1080/17549175.2013.879453#.Vb6v4-hViko

http://urbanland.uli.org/planning-design/rethinking-private-accessory-dwellings/

http://www.planningreport.com/2016/04/26/second-units-and-los-angeles-broken-planning-system

http://www.citylab.com/design/2016/05/how-one-colorado-city-instantly-created-affordable-housing/483027/

http://nlihc.org/article/field-new-hampshire-wins-protections-accessory-dwelling-units

dwelling unit as a matter of right through a conditional use permit or by special exception as determined by their municipalities. The bill removes a significant regulatory barrier to increasing rental homes at no cost to taxpayers.

NEW IN-LAW SUITE RULES BOOST AFFORDABLE HOUSING IN SAN FRANCISCO. (3 pp.)

By Rob Poole. Shareable. (June 10, 2014).

The San Francisco Board of Supervisors recently approved two significant pieces of legislation that support accessory dwelling units (ADUs), also known as “in-law” or secondary units, in the city…

USING ACCESSORY DWELLING UNITS TO BOLSTER AFFORDABLE HOUSING (3 pp.)

By Michael Ryan. Smart Growth America. (December 12, 2014).

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http://www.shareable.net/blog/new-in-law-suite-rules-boost-affordable-housing-in-san-francisco

http://www.smartgrowthamerica.org/2014/12/12/using-accessory-dwelling-units-to-bolster-affordable-housing/

Attachment 8

Proposed DIF fees for ADUs.

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ACCESSORY DWELLING IMPACT FEES

1

Fee Program Accessory Dwelling Unit

Fee Determined By

Fee Collected By

Fee Dues to be Paid At1:

Cost Index Increase

Index Source

Notes

Recreation (Parks)Quimby N/A N/A N/A N/A N/A N/A Presumably no subdivision for an

ADUDevelopment Mitigation

$ 3,981.00 Public Works Planning FinalInspection

2.44% ENR Const Cost Index

Based on City Reso. 16-24. andCounty Recreation DIF Resolution (99-18). See Note A below for more details.

C & I N/A N/A N/A N/A N/A N/A None

Transportation $ 8,858.722 Public Works Planning Final Inspection

2.44% PHT rate determination described below in Note B.

Fire

Fire Facility $0.79/sq/ft Planning Planning FI 2.44% ENR Const Cost Index

No change from Reso. 16-24

Library $ 353.00 Planning Planning FI 2.44% ENR Const Cost Index


Public Administration

$ 1,560.00 Planning Planning FI 2.44% ENR Const Cost Index


Sheriff $ 400.00 Planning Planning FI 2.44% ENR Const Cost Index


Notes:

1. FI: Final Inspection (fees payable on or before final building permit inspection)

2. Based on a PHT Rate of $17,036 for single family and adjusted

Notes:A. The ratio from Reso. 99-18 is 0.3599 ($2,521 [second unit fee]/$7,004 [single family fee]). Based on this ratio, the

current fee is $3,981.21 ($11,062 [current single-family rate] multiplied by 0.3599 [Reso. 99-18 ratio]) and then rounded to $3,981. County Reso. 99-18 is based on County Ordinance No. 4348 for development mitigation fees for

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ACCESSORY DWELLING IMPACT FEES

2

parks on new residential development that does not involve the subdivision of land and on an AB 1600 Fee Justification Study for Park Facilities dated September 28, 1998. This is the Ordinance and Fee Study Goleta relies for park fees in Resolution 16-24 and adjusted periodically.

B. ITE does not currently have a PHT generation estimate for ADUs. Ordinance 4270, Section 23C-8 states in part that “The methodology for calculating all fees due, or exemptions allowed, shall be determined by the Santa Barbara County Director of Public Works, or a designee authorized by the Director of Public Works, and approved by the Auditor-Controller, or a designee authorized by the Auditor-Controller.”

As such, Public Works Director has determined that using the “condominium” rate from the ITE manual is appropriate.The rationale is first that the impacts will be less than that of a single-family dwelling. Rather than create a separate, speculative, PHT rate, it makes sense to mirror another potentially similar use. In selecting condominium rate, the City is consistent with the approach used by the County for the Eastern Goleta Valley as reflected in their Development Impact Mitigation Fee Summary Sheet for the Goleta Planning Area (Revised Fees for FY 2016-2017).

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