CC 12-05-2023 Item No. 11. Municipal Code Amendments Two-Story Permits and ADUs_Staff PresentationCity Council
December 5, 2023
PROPOSED AMENDMENTS TO MUNICIPAL CODE CHAPTER 19.12,
CHAPTER 19.28 AND CHAPTER 19.112 REGARDING TWO-STORY
PERMIT AND ACCESSORY DWELLING UNIT (ADU) LAWS.
CC 12-05-2023 Item No. 11
Background
Two Story Permit
●Required when a two-story addition or new two-story home is
proposed in an R1 zoning district.
●768 Planning permit applications received since November of 2021,
98 are Two-Story Permit applications.
●Potential to streamline permitting process.
●Remain subject to the approval of a building permit.
●Planning staff review compliance with codified
development standards.
●Minor Residential Permits, as well as Residential Design Review
Permits, are proposed to remain.
Background
Accessory Dwelling Unit (ADU)
●Chapter 19.112, Accessory Dwelling Units has been modified
several times since 2016 to keep current with State of California’s
various Assembly and Senate Bills affecting ADU production.
●Based on recent changes in state law, City’s ADU ordinance is out
of date and unenforceable.
Planning Commission
Recommendation
November 14, 2023, Planning Commission recommended (5-
0) that City Council adopt the proposed amendments to the
Municipal Code with modifications.
Analysis – Two Story Permit
●Municipal Code Chapters 19.12 Administration, 19.28 Single-Family
Residential (R-1) Zones
●Remove all reference to Two Story Permit
●Prescriptive Standards Remain
●Certain discretionary design standards proposed to be non-discretionary:
●Eliminating three-car wide curb cuts.
●No more than fifty percent of the front elevation of a house shall
consist of garage area, unless the lot is not wide enough to
accommodate standard.
●Usable Living area shall be closer to the street, while garages should
be set back more.
●Porches shall appear proportionately greater in width than in height.
●Mechanical,heating or cooling equipment or associated piping
installed on the roof shall be screened from the public right of way.
●Staff recommended exception would apply to homes in the
Eichler (R1-e) zoned neighborhood (Fairgrove).
Analysis – Accessory Dwelling
Units
Municipal Code Chapter 19.112 Accessory Dwelling Units
Streamlined ADUs Non-Streamlined ADUs
•Three ADUs per single-family :
•One attached ADU (under 800 square
feet)
•One conversion of existing space ADU
(whether in principal dwelling unit or
existing accessory structure)
•One detached ADU (under 800 square
feet), or
•One Junior ADU
•Allowance for heights of 18 feet for a detached
ADU, and 25 feet if it’s attached to a principal
dwelling unit.
•Allowance for a second story on attached or
detached ADUs.
•Allowance for heights of 18 feet for
a detached ADU and 25 feet if it’s
attached to a principal dwelling
unit.
•Allowance for second story on
attached or detached ADU.
•Allow three Non-Streamlined ADUs per lot (subject to FAR, Lot
Coverage, and setbacks.
•Remove major transit stop and transit corridor thresholds for height
and second story allowances.
State Bills – 1/1/2024
●AB 1033 (ADUs sold separately as condos)
●Optional – Not included in
amendment
●AB 976 (owner-occupancy requirements
prohibited beyond 2025)
●Municipal Code currently conforms
●AB 1332 (streamlined 30-day approval for
preapproved ADU plans)
●Municipal Code currently conforms
Errata - Table 19.12.030 - Approval
Authority
Type of Permit or
Decision
Administrative
Review
Arts and
Culture
Commission
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period
Noticing/
Noticing
Radius
Posted
Site
Notice
Expiration
Date
Chapter/
Findings
R-1 Ordinance Permits
Two-story Design Review
F F/A A1 L/ A2 Varies 19.12.110/
Adjacent
Yes 1 year 19.28.140
Recommended Action
That the City Council conduct the public hearing and conduct the first reading of Ordinance No. 23-_____ (Attachments A &B) to amend the following:
a. Chapter 19.12, Administration, and
b. Chapter 19.28 Single-Family Residential (R-1) Zones.
c. Chapter 19.112, Accessory Dwelling Units (ADU)
Next Steps
If Council approves the introduction of the ordinance,
a second reading would be scheduled for the next
regular meeting of the City Council.