Proposed Ordinance Accessory Dwelling Units (ADUs)
Comparison Analysis Former City 2 nd Unit Ordinance Existing State ADU Regulation Proposed City ADU Ordinance
Maximum Size Former 600 sf City 2 nd Unit Ordinance Existing Detached ADU: 1,200 sf State ADU Regulation Attached ADU: 50% of existing living area, with maximum of 1,200 sf Proposed 800 sf City ADU Ordinance
Minimum Lot Size Former Any buildable lots City 2 nd Unit Ordinance Existing Jurisdictions may impose standards. State ADU Regulation Proposed If new structure or addition: 4,000 sf City ADU Ordinance If existing structure: any buildable lot
Parking Former One off-street space required for 2nd Unit City 2 nd Unit Ordinance Existing None allowed to be required for ADUs (because State ADU all of PG is located within ½ mile from public transit Regulation stops). The City may retain the ability to require parking spaces. Proposed None required for ADU. City ADU Ordinance Main residence still requires parking per zoning code, and can be uncovered.
Setbacks Former Must follow zoning regulations. City 2 nd Unit Ordinance Existing units may be allowed in legal structures located within setbacks. Existing If ADU is added above garage: requires 5 feet State ADU maximum for rear and side yard. Regulation If an existing garage is converted to ADU, or if an existing structure above a garage is converted to an ADU: no setbacks required. Proposed If new structure or addition: must follow zoning req. City ADU Ordinance If existing structure: Front - existing Side - sufficient for fire access Rear - sufficient for fire access
Height Limit Former Attached: Complies to Zoning District. City 2 nd Unit Ordinance Detached: 15 ft, but if located above detached garage, then 25 ft. Existing Jurisdictions may impose standards. State ADU Regulation Proposed 15 ft. for new detached structure City ADU 25 ft. if above detached garage Ordinance For attached addition – zoning code height limit
Lot Coverage & Floor Area Former 2 nd Unit counts towards lot coverage & gross floor City 2 nd Unit area. Ordinance Existing Jurisdictions may impose standards. State ADU Regulation Proposed ADU counts towards lot coverage & gross floor City ADU area Ordinance
General Plan & Zoning Densities Former Yes. City 2 nd Unit Ordinance Existing ADUs that conform to this subdivision are not State ADU considered to exceed the allowable density , and Regulation shall be deemed consistent with the existing general plan and zoning designations. Proposed Same as Existing State ADU Regulation City ADU Ordinance
Location Former Any residential zones which are either City 2 nd Unit undeveloped or contains only a legal single- Ordinance family detached dwelling. Exception: R-1-B-4 Existing Zoning districts for single-family and multi-family State ADU residences. Regulation Defers to jurisdictions to allow exceptions. Proposed Any residential zones which contain or is being City ADU developed for a legal single-family dwelling. Ordinance Exceptions: R-1-B-4, R-3-PGB, Retreat Neighborhood Planning Area, & Monarch Pines Mobile Home.
Locations where ADUs are prohibited
Existing Development Former A SFD must exist on site, or must be City 2 nd Unit constructed at the same time. Ordinance Existing A SFD must exist on site. State ADU Regulation Proposed A SFD must exist on site, or must be City ADU constructed at the same time. Ordinance
Number of Buildings Per Site Former One 2 nd Unit per site City 2 nd Unit Ordinance Existing n/a State ADU Regulation Proposed One ADU per site City ADU Ordinance
Permit Process Former Ministerial. City 2 nd Unit Ordinance Use Permit required for 2 nd Units not meeting development standards. Existing Ministerial. State ADU Regulation Proposed Ministerial. City ADU Ordinance Administrative Use Permit (at the discretion of CEDD director) required for ADUs not meeting development standards.
Architectural Compatibility Former Required City 2 nd Unit Ordinance Existing Jurisdictions may impose standards. State ADU Regulation Proposed Required City ADU Ordinance
Income/Rent Restrictions Former Occupants cannot exceed median income City 2 nd Unit household per HUD income level guidelines. Rent Ordinance is max. 30% of median income level Existing n/a State ADU Regulation Proposed n/a City ADU Ordinance
Occupancy Restrictions Former Requires owner-occupancy in either main City 2 nd Unit residence or 2 nd Unit Ordinance Existing Jurisdictions may require that an ADU be owner State ADU occupied, or require that the property be used for Regulation rentals longer than 30 days. Proposed Eliminates owner-occupancy requirement. City ADU Ordinance Vacation rentals not allowed in ADU nor main residence.
Sewer Former Existing lateral sewer line must be of adequate size City 2 nd Unit and condition to support projected sewage flow Ordinance for primary & 2 nd Units. If inadequate, then the lateral line shall be replaced to the main line, to include the connection at the main line Existing Jurisdictions may impose standards. State ADU Regulation Proposed Same as Former City 2 nd Unit Ordinance City ADU Ordinance
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