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Accessory Dwelling Unit Ordinance Update (PA2018-099) <br />September 11, 2018 <br />Page 2 <br />BACKGROUND: <br />In 2016, the State Legislature passed Assembly Bill 2299 (Bloom) and Senate Bill 1069 <br />(Wieckowski) amending California Government Code Section 65852.2 related to ADUs, <br />which took effect on January 1, 2017. The intent of the bills was to reduce barriers to the <br />development of ADUs, which have been found to be an affordable -by -design type of in- <br />fill housing. Cities with ordinances not in compliance with State law must use the State's <br />more lenient ADU standards. <br />To comply with State law, the City comprehensively updated its regulations permitting the <br />development of ADUs with the adoption of Ordinance No. 2017-011 (Attachment C) by <br />the City Council on August 8, 2017. Attachment D includes a summary of the current City - <br />adopted ADU regulations. <br />DISCUSSION: <br />Recent Changes in State Law and Proposed Amendment <br />In late 2017, the State Legislature passed Assembly Bill 494 (Bloom) and Senate Bill 229 <br />(Wieckowski) further amending California Government Code Section 65852.2 related to <br />ADUs, which took effect on January 1, 2018. The intent of these bills was to clarify the <br />various provisions of the 2016 law to promote the development of ADUs. The following <br />table summarizes the more significant changes in law and the City amendments needed, <br />if any. <br />Table 3 — Recent Changes in State Law & City Amendments <br />Changes in State Law <br />City Amendments <br />Allowing ADUs to be built concurrently with a <br />No <br />proposed single-family residence, as opposed <br />Existing ordinance provides for concurrent <br />to only when an existing single-family <br />construction of a new ADU with a new single <br />residence exist on a lot <br />family residence. <br />Expanding zoning districts where ADUs can <br />Yes <br />be converted from existing floor area within a <br />Amendment needed to permit ADU <br />single-family residence or accessory structure <br />conversions within existing single-family <br />to include all zoning districts that allow single- <br />residences located on two -unit (R -2/R -BI) and <br />family uses, as opposed to single-family <br />multiple (RM) residential zoned lots. Staff <br />zoning districts only. <br />recommends that ADUs also be allowed as <br />new construction in two -unit and multi -unit <br />zoning districts. See Location Section of report <br />for further details. <br />Reducing parking requirements for new ADU's <br />Yes <br />from one space required for one -bedroom <br />Amendment needed to revise parking <br />units and two spaces for two or more bedroom <br />requirements for consistency. See Parking <br />units, to a maximum of one space regardless <br />Section of report for further details. <br />of bedroom count <br />Modifying fees from utilities, such as special <br />No <br />districts and water corporations. <br />Affects other agencies. <br />12-2 <br />