CCMIN 01192021 - Laserfiche WebLink

separate parties with deed requirements for owner-occupancy being no longer required by request from public comments. In response to Councilmember Arkin's inquiries, Senior Planner Bonn confirmed the conversion of a garage to an ADU would still require meeting the appropriate safety codes. She added the City can require no more than one parking space per ADU. Effective January 2020 by the State, parking areas converted to an ADU do not need to be replaced. Community Development Director Clark added parking requirements have been rolled back by the State with this legislation. In response to Councilmember Balch's inquiries, Senior Planner Bonn confirmed two-story ADUs above garages were specifically allowed by the City under the 2012 housing element and adopted by the City Council in 2013. She noted two-story ADUs attached to residences have been in place for longer. She also confirmed the proposed PMC amendments would require a two-story ADU to meet the same physical requirements required for the primary structure although detached garages would have different requirements. In response to Councilmember Balch's inquiry, Senior Planner Bonn confirmed courtesy notices to neighboring residents would note there is no recourse action. In response to Mayor Brown's inquiry, Councilmember Balch noted, after confirmation with the City Attorney, he is not precluded from voting on this matter both in his former role with the Planning Commission and his current one with the City Council because it is in response to legislative action and not a judicial one. In response to Councilmember Narum's inquiry, Senior Planner Bonn stated the proposed amendment would limit an ADU above an attached garage to 25 feet in height, with an exception for agricultural districts where the height would be 30 feet. She added these standards are what the PMC currently calls for and would not be changed aside from State law changes which expands the types of zoning districts which can now have ADUs. She clarified the 25 feet standard includes the height of both the garage and ADU above it. In response to Councilmember Narum's inquiry, Senior Planner Bonn added there was supposed to be a maximum height of 40 feet in the central commercial (CC) district, but this was reduced to 25 feet and two stories by the Planning Commission for consistency. In response to Councilmember Narum's inquiry, Senior Planner Bonn confirmed the new State laws do not have a public health and safety clause, although the City would encourage adherence. She stated her agreement of this being an unintended consequence of the legislation and legislators likely would not want ADUs built in unsafe areas. Community Development Director Clark added local ordinances such as these can still apply to ADUs. In response to Councilmember Testa's inquiries, Senior Planner Bonn confirmed a JADU requires a separate entrance from the main dwelling. She confirmed the new State laws restrict what the City can and cannot permit although the City could still blanket forbid ADUs over garages. She confirmed the City no longer has discretionary review based upon the impact of an ADU to neighbors due to the new State laws. She noted there will a draft of proposed standards from second story ADUs later in her presentation, but the City will not be permitted to evaluate second story ADUs on a case-by-case basis. In response to Councilmember Testa's inquiry, Community Development Director Clark confirmed the City must follow the lack of parking requirements in the State law. She noted there is a very limited exception regarding traffic flow, but those are focused on winding hillside areas. In response to Mayor Brown's inquiries, Senior Planner Bonn stated JADUs typically have a kitchenette but other areas, such as bathrooms, are typically shared. She noted there are no requirements for City Council Minutes Page 6 of 17 January 19, 2021