75D - PH AMND ZONING ORD CH 41 MUNI CODE

Home Browse Search

Zoning Ordinance Amendment No. 2017-04 — Amend Sections of Chapter 41 of the SAMC Relating to Accessory Dwelling Units November 7, 2017 Page 2 The following provides a brief summary of the key provisions of the recommended amendments: 1. Open Space Deficient Areas - Section 41-194.5 The previously existing second dwelling unit ordinance identified areas of the city that are "open space deficient." These are areas that are more than one-quarter mile from a pocket park (a park of less than five acres) and more than one-half mile from a neighborhood park (a park of more than five acres). Properties located within the identified areas did not qualify to construct an ADU. Since the adoption of the previous ordinance, there have been new public park spaces constructed. However, the City remains well below the goal set forth in the Land Use Element of the General Plan of two acres of parkland per 1,000 residents. The proposed ordinance will prohibit the construction of ADUs in open space deficient areas using' the same criteria that were previously applied as to not place further strain on the limited parkland resources that are in close proximity to these areas 2. Parking for ADUs -Sections 41-194.11, 41-194.12 The proposed ordinance would require that at minimum .one off-street parking space be provided for a studio or one -bedroom ADU, and an additional parking space be provided for each bedroom in excess of one. To be compliant with state law (Section 65852.2(d) of the Government Code) parking for ADUs will not be required if they are within one-half mile of public transit, in an architecturally significant historic district, within one block of a car share vehicle, in an area where on -street parking permits are required but not offered to the occupant of the second dwelling unit, or if second dwelling unit involves the conversion of a portion of the existing primary residence or an accessory structure. 3. Size and Scale of ADUs - Sections 41-194.7(2), 41-194.7(6), 41-194(7), 41-194.8(1) An out of scale ADU could negatively affect neighborhood character and the privacy of neighbors. State law permits local jurisdictions to regulate the maximum size of newly constructed ADUs as long as they permit at least the minimum permitted by Building Code and do not permit units larger than 1,200 square feet. The proposed ordinance recognizes that size is often contextual. What is considered large in one area may be small in another. As such, the proposed ordinance regulates size and scale of ADUs by requiring that the ADU be no more than 50 percent of the total floor area of the primary home, excluding garages, up to a maximum of 750 square feet. As such, an ADU will always be smaller than the primary home unless the primary home is very small (less than 300 square feet). 4. Location of ADUs - Sections 41-194.7(5), 41-194.8(2), 41-194.8(3) The location of buildings on an individual parcel greatly influences the ability to develop an ADU and how it impacts neighboring properties. Zoning district standards and general provisions of the Zoning Code contain a set of development standards that determine how far back buildings must be set from property lines (called setbacks or yards), how far they 75D-2