CCMIN 02162021 - Laserfiche WebLink

Senior Planner Bonn reported staff is requesting the development of preapproved ADU designs to streamline the City's review process and clarify architectural and detailing benchmarks. She advised other cities have either developed or are developing a similar plan. She noted homeowners would not be required to use one of the templated plans but would simply be a courtesy provided by the City. In response to Councilmember Narum's inquiries, Senior Planner Bonn reported the City has approved approximately 200 ADUs and, of the 55 approved since 2011, 15 (27%) are two-story. She confirmed the City is obligated by state law to approve an office, rumpus room, or other space above a garage being converted into an ADU with many of the new requirements not applying to the conversion of existing space. She confirmed a resident looking to build a new ADU over an attached garage would be limited to 16 feet in height by the January 19th Council decision. Director Clark advised that even without the January 19th decision state law states an ADU must be approved without a discretionary hearing which limits the City's control. In response to Councilmember Testa's inquiries, Director Clark advised the City's proposed ordinances exceed the state requirements by not allowing two-story ADUs and by allowing detached non-converted space ADUs to be up to 1,200 square feet. She also advised state law prohibits owner-occupancy requirements from 2020-25 but noted the City could continue to impose previous standards to units approved before 2020. She advised the Planning Commission's proposal heard on January 19th was to eliminate prior requirements so there would be a unified group of ADU standards moving forwards. She confirmed the 1,200 square foot maximum unit size is in the prior ordinance and it was kept in the interest of continuity. In response to Councilmember Testa's inquiry, Director Clark confirmed a 1,200 square foot building is larger than an 800 square foot building so it may have longer walls for a neighbor to view. In response to Councilmember Testa's inquiries, Director Clark confirmed the ADU would have to meet setback requirements regardless of size. Assistant City Manager Brian Dolan clarified that if the ADU is over 800 square feet the City can enforce the regular zoning setbacks. He advised state law states those setbacks cannot be enforced if it prohibits the ADU but the City could require the unit to be smaller to get normal setbacks. Director Clark clarified it could not obstruct the construction of the ADU but the City would push for achieving the most protective setbacks possible potentially by reducing the size of the unit. Assistant City Manager Dolan believes the City would attempt to enforce setbacks but the law states the City cannot do anything which would prohibit the creation of an ADU. In response to Councilmember Arkin's inquiries, Director Clark clarified the perception at the January 19th meeting on having two stories under 16-feet implied a full-height unit. She advised the Building Code allows for ceiling spaces as low as seven feet so two stories could fit into 16 feet. She advised it would contradict state law to limit what could be done within those 16 feet. Senior Planner Bonn confirmed state law does not specify how to measure height but noted the code for ADUs is consistent with how the City measures height in general. She advised gabled roofs are measured from the midpoint and not the peaks. Director Clark confirmed this would allow an attached ADU to exceed 16 feet at points if it is attached to the main structure. In response to Councilmember Balch's inquiries, Senior Planner Bonn explained the 10-foot setback from a street is described elsewhere in city codes which is why it was used as a basis. Director Clark confirmed that under the state law an ADU is not confined to the building envelope and can be anywhere on the property and confirmed the City can pull an ADU into the building envelope so long as it does not restrict the construction of a unit. She also stated discretionary design review cannot be applied even if the addition is vertical and attached but the City could apply more stringent objective development standards to those ADUs. City Council Minutes Page 6 of 16 February 16, 2021