75B - PUBLIC HEARING ZONNG ORDINANCE NO. 2019-05

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ZOA No. 2019-05 — Accessory Dwelling Units Ordinance Amendments February 10, 2020 Page 6 800 square feet in size. For those properties that cannot meet this requirement, they will be permitted to reduce the amount of open space provided on the site in the amount necessary to create at least an 800 square foot ADU. On -site Parking The proposed ordinance will require the most amount of parking per ADU that is allowed pursuant state law, which is one parking space per unit, unless the unit meets one of the five exemptions established by the state. Pursuant to state law, local agencies shall not require parking for ADUs in any of the following instances: 1) the ADU is located within one-half (1/2) mile walking distance of public transit, 2) the ADU is located within an architecturally and historically significant historic district, 3) the ADU is part of the proposed or existing primary dwelling or an existing accessory structure, 4) when on -street parking permits are required but not offered to the occupant of the ADU, and 5) when there is a car share vehicle located within one (1) block of the ADU. The prior ADU ordinance required that a property that did not conform to the parking requirement for the primary unit, which is two covered and two non -covered spaces for a single-family residence, be brought into conformance prior to or concurrent with the establishment of an ADU. State law now prohibits local agencies from using non -conformities of the primary residence from precluding the construction of an ADU or from requiring that the non -conformities be brought into conformance before approval of an ADU. As such, the proposed ordinance does not require parking non -conformities of the primary residence to be resolved, but will only require that the parking minimum established for the ADU be provided on the site. Additionally, the City's prior ordinance required that any parking spaces lost through a garage or carport conversion be replaced in any configuration on the property. The ability to require replacement of those spaces has also been prohibited by the state. Effective January 1, garage or carport parking spaces that are lost to a conversion do not have to be replaced, and local agencies shall not require that they be replaced. The proposed ordinance reflects these changes to state law as they relate to the construction of ADUs and JADUs but does not affect development standards that apply to non -conforming properties found in Chapter 41 of the SAMC. Appeals Process The proposed ordinance grants the Executive Director of the Planning and Building Agency, or his/her designee, ADU and JADU application review authority. Should an applicant wish to appeal the Executive Director's determination or requests to vary from the development standards in the ordinance, an application for a minor exception will be required and heard by the Zoning Administrator pursuant to Article V of Chapter 41. The decision of the Zoning Administrator shall be final unless appealed to the planning commission pursuant to Section 41-645 of the SAMC. Limitations and State Oversight State ADU law prohibits the adoption of a local ordinance that imposes a minimum lot size, has bedroom number maximums, requires owner -occupancy (owner -occupancy requirement permitted for JADUs), or that requires replacement of garage or carport parking spaces that are lost to conversions. State law also prohibits the adoption of development standards that would otherwise preclude the development of an 800 square foot ADU, including separation 75B-30