CCMIN 01192021 - Laserfiche WebLink

property owner may either leave the garage door in place or replace it with an infill which matches the remainder of the home. Senior Planner Bonn stated the State laws include no standards for second story ADUs so the recommended PMC modifications include the ADU having to match the development standards of the main structure, meet ADU regulations, meet several nuanced restrictions on windows, and that any exterior stairways cannot be visible from the front of the home. Councilmember Balch clarified the list of non-habitable spaces which can be converted to an ADU by State law, including boiler rooms and other spaces not previously mentioned. In response to Councilmember Narum's inquiry, Senior Planner Bonn confirmed landscape architects do have several options for the narrow space between an ADU and a property line which would not impact surrounding underground infrastructure. In response to Councilmember Balch's inquiries, Senior Planner Bonn confirmed these are off-street parking requirements and she was unsure if the City has a mechanism to require the ADU resident to park on-property. She stated if the Council did not take any action tonight and an application for an ADU came in, they would have to meet the State law requirements but not the additional provisions discussed in her presentation such as landscaping and exterior design. Community Development Director Clark confirmed the veracity of Senior Planner Bonn's response to the hypothetical situation. In response to Councilmember Testa's inquiry, Senior Planner Bonn relayed several options for properly screening the entrance to an attached ADU above a garage whereas it would not be visible from the street. In response to Councilmember Testa's inquiry, Senior Planner Bonn clarified State law prohibits the City from requiring owner-occupancy from 2020-25 so the Planning Commission felt it would be more equitable to remove the requirement for all ADUs, regardless of approval date. She clarified the deed restriction change is different, simply stating an ADU is present and meets the PMC requirements, because much of the deed's itemized language was removed by the City Council in 2003. In response to Mayor Brown's inquiry, Senior Planner Bonn confirmed the legislation does not allow Planned Unit Developments (PUD) and/or Homeowners' Associations (HOA) to enforce Covenants, Conditions and Restrictions (CC&R) which prohibit an ADU. Mayor Brown opened the public hearing Jocelyn Combs expressed her concerns over the 10-foot tree requirement, suggesting eight feet as a better standard. Paul Zampieren expressed his desire to see the City reject the State mandate but acknowledged this is unfeasible. He stated his desire is thus to see the City do the bare minimum required to meet the State laws. Vamshi Palkonda noted his comment regarding HOA restrictions was answered by Mayor Brown's earlier question. Mayor Brown closed the public hearing. Councilmember Balch cited the four historical tiers of ADU owner-occupancy approval levels. depending on the date of approval. as evidence. He stated his opinion that staff has done its best to solve the parking issue with such limited options. He stated the screening issues are new to him and he City Council Minutes Page 8 of 17 January 19, 2021