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Home My WebLink About04122017 - packet CITY OF UKIAH PLANNING COMMISSION AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBER 300 Seminary Avenue Ukiah, CA 95482 April 12, 2017 6:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES a. The minutes of January 11, 2017. 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS The Planning Commission welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. 6. APPEAL PROCESS All determinations of the Planning Commission regarding major discretionary planning permits are final unless a written appeal, stating the reasons for the appeal, is filed with the City Clerk within ten (10)days of the date the decision was made. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken. For items on this agenda, the appeal must be received by April 24,2017 at 5:00 p.m. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE 9. PUBLIC HEARING a. Discussion of 2nd Dwelling Unit Ordinance regulations in relation to AB2299, SB 1069, and AB 2406. 10. PLANNING DIRECTOR'S REPORT 11. PLANNING COMMISSIONERS' REPORT 12. ADJOURNMENT Americans with Disabilities Act Accommodations. Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Please call (707)463-6752 or(707)463-6207 to arrange accommodations. Page 1 of 1 1 UKIAH PLANNING COMMISSION 2 January 11, 2017 3 Minutes 4 5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT 6 Mike Whetzel, Chair 7 Christopher Watt 8 Laura Christensen 9 Mark Hilliker 10 Linda Sanders 11 12 STAFF PRESENT OTHERS PRESENT 13 Kevin Thompson, Interim Planning Director Listed below, Respectively 14 Cathy Elawadly, Recording Secretary 15 16 1. CALL TO ORDER 17 The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at 18 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. 19 20 2. ROLL CALL 21 22 3. PLEDGE OF ALLEGIANCE - Everyone cited. 23 24 4. APPROVAL OF MINUTES — The minutes from the November 9, 2016 meeting are included for 25 review and approval. 26 27 Commissioner Sanders made the following correction to the minutes: 28 • Page 1, line 36, should read, `Vice Chair Watt read the appeal process. For matters heard at this 29 meeting the final date to appeal is November 21, 2016 at 5:00 p.m.' 30 31 M/S Christensen/Hilliker to approve November 9, 2016 meeting minutes, as amended. Motion carried 32 (4-0)with Chair Wetzel abstaining. 33 34 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS 35 36 6. APPEAL PROCESS 37 Chair Whetzel read the appeal process. For matters heard at this meeting the final date to appeal is 38 January 23, 2017 at 5:00 p.m. 39 40 7. SITE VISIT VERIFICATION - Confirmed by Commission. 41 42 8. VERIFICATION OF NOTICE-Confirmed by Staff. 43 44 9. PUBLIC HEARING 45 9A. Thomas General Plan Amendment and Rezone, 350 North Orchard Avenue, File No.: 2044 46 GPA-RZ-PC. Consider making a recommendation to the City Council for adoption of a Mitigated 47 Negated Declaration, General Plan Amendment, and Rezoning for a .66 acre parcel located at 48 350 N. Orchard Avenue. 49 50 Interim Planning Director Thompson: 51 • Gave a staff report as provided for on pages 1-4 of the staff report specific to background, project 52 description, GP consistency, analysis regarding housing and analysis of potential uses with the 53 zoning change and corresponding attachments 2 through 7 and a PowerPoint presentation 54 incorporated into the minutes as attachment 1. MINUTES OF THE PLANNING COMMISSION January 11, 2017 Page 1 1 • Asked the Planning Commission to consider the zoning amendment change, conduct a public 2 hearing, and make a motion recommending City Council approve 1) Mitigated Negative 3 Declaration. 2) Introduce Ordinance amending Zoning Map. 3) Adopt a Resolution amending the 4 GP Map. 5 6 Commissioner Sanders: 7 • Asked about the Housing analysis of the staff report relevant to the language that reads, `The 8 parcel proposed for this rezoning was among the parcels identified to meet the City's Regional 9 Housing Needs Allocation (RHNA) in which this zoning represents the loss of .66 acres of R3 10 High-Density Residential. Based on the amount of vacant land identified in the Vacant and 11 Underutilized Land Survey this rezone will not result in the City's ability to accommodate its 12 RHNA.' Requested clarification about the rezone project from R3 to C1 with the understanding 13 that residential opportunities are allowed with approval of a use permit in the C1 zoning district 14 but would like to better understand how the City intends to encourage housing development in 15 different zoning districts using the proposed project as an example. 16 • Appreciates staff's analysis of the project and corresponding rationale/justification for having the 17 use be consistent with the other uses in the neighborhood primarily with regard to the west and 18 east sides of the subject parcel. 19 • Is of the opinion providing for sufficient housing accommodations in the community is a high 20 priority where the City could lose some housing opportunity with the proposed rezone. There is 21 the potential for loss of housing opportunities in the zoning designations and would like to see a 22 discussion about how the City is going to work on improving opportunities for housing 23 development as a topic for a future workshop perhaps at the City Council level. Has knowledge 24 that very few single-family or multi-housing projects are coming forward other than the recently 25 constructed homes on Ford Street near Orr Creek. 26 • Is fine with the applicanYs request to rezone the parcel from R3 to C1. Is of the opinion the City 27 has not done enough to incentivize the opportunity for multi-housing development with the 28 exception of the PEP Senior Housing project. 29 • It would be beneficial to know what vacant lands the City owns that could be converted to 30 housing. Asked if the reason more housing projects are not being initiated is because of changes 31 in the California Building Code, more stringent application of green building standards and/or 32 storm water regulations, etc. 33 34 Commissioner Watt: 35 • Referred to the "Area Zoning' and asked what the zoning designation is for the darker yellow- 36 colored parcels and the lighter white/yellow parcels. 37 • Inquired about the zoning for the Kmart property before the use permit project and subdivision 38 and corresponding change to from R2 to R3, the current zoning. Related to the parcel 39 boundaries, part of the parcel has parking and trees that serve the Home Depot business and is 40 there a project condition from this business that requires the trees and the parking 41 accommodations that are located on the subject parcel or can they be eliminated without 42 compromising those conditions for operation of the Home Depot business? 43 • Requested clarification the proposed rezone project cannot eliminate the parking and trees and 44 questioned whether a new project for development of the parcel could effectively eliminate the 45 existing parking and trees. 46 • A project proposed for construction of a new commercial enterprise on the subject rezone 47 property could not likely remove the parking and trees without mitigation measures in place 48 because they are a project component of the permit for the Home Deport operation. 49 • Understands the proposed zoning change does not preclude that a new development could be 50 residential at the high density level. 51 52 Interim Planning Director Thompson: 53 • Confirmed with the rezone from R3 to C1 residential uses are allowed with approval of a use 54 permit so the option of a multi-family housing development on the subject property still exists. 55 • Multi-family housing is allowed in all the commercial zoning districts. MINUTES OF THE PLANNING COMMISSION January 11, 2017 Page 2 1 • Has no real clear answers why there are not more housing developments coming forward other 2 than economically they simply do not pencil out. 3 • It may be the reason houses are not being built correlates to associated cost factors. Developers 4 particularly those from out of the area when considering a potential housing project typically ask 5 how people in the community are earning a living and can they essentially afford housing. 6 Consideration of a potential housing development is a complex matter. 7 • The darker yellow-colored parcels represent R2 zoning and the lighter white parcels represent R1 8 zoning. 9 • Has looked at the map of the area in and around the time of the Kmart project and understands 10 the zoning at that time was residential. 11 • Confirmed the parking and associated trees are part of the project conditions for operation of the 12 Home Depot business. 13 • Confirmed the proposed rezone project from R3 to C1 would not eliminate the parking and trees 14 that serve Home Depot but development of the rezoned property could possibly eliminate the 15 parking and trees on the subject parcel that currently serve Home Depot. However, it is likely the 16 new standards for the subject parcel for a new development would be more stringent that what is 17 existing. 18 • Would agree mitigation measures would need to be in place regarding any removal of the parking 19 and corresponding trees that are currently a part of the Home Depot business operation. 20 • Referred to the potential use table for residential development in the C1 zoning district that 21 includes: 1) Mixed residential and commercial land uses with approval of a use permit; 2) Single- 22 family dwelling, duplex, multiple-family residential units, and mobile home park. 23 24 Commissioner Watt: 25 • Finds the proposed rezone from R3 to C1 does not limit the housing opportunities. 26 27 Interim Planning Director Thompson: 28 • Agrees the proposed rezone would not limit housing opportunities. 29 30 PUBLIC HEARING OPENED: 6:25 p.m. 31 32 Dan Thomas, Applicant: 33 • Provided information about previous zoning in the vicinity of Orchard Avenue and Hospital Drive. 34 • The trees and parking accommodations on the parcel are part of the Kmart plot plan and cannot 35 be altered by virtue of a contract. 36 • Related to zoning and uses, Clara Avenue definitely separates/distinguishes between the uses in 37 the area. 38 • The subject parcel was created in 1997 as a part of the Kmart project use permit and subdivision. 39 The initial zoning for the parcel was R2 and rezoned from R2 to R3 in 1996 as part of a Citywide 40 GP implementation effort. 41 • Talked about the parking lot on the parcel, how it functions, and corresponding access. 42 • Talked about the focused traffic study for the rezone project conducted by W-Trans in 2016 with 43 regard to cumulative conditions, operational analysis, trip generation as it relates to different uses 44 in Table 1, Trip Generation Summary of the study, impact analysis where the 45 conclusion/recommendations were that while the proposed rezone to C1 with a potential 46 development would generate increased trips under projected cumulative conditions which include 47 the Ukiah Railroad Depot project the potential widening of the street at E. Perkins and Orchard 48 Avenue the project would cause a less-than-significant impact. 49 • The parking lot on the parcel consists of 46 spaces and is essentially unused. 50 • At this time he is asking for a zoning change and no project is proposed. His intent is to 51 eventually develop the site. 52 53 Commissioner Sanders: MINUTES OF THE PLANNING COMMISSION January 11, 2017 Page 3 1 • Asked about the traffic study conducted for the project and potential impacts with increased 2 AM/PM trips in the event the parcel is developed with a restaurant, for instance, similar to 3 Chipotle that attracts a lot of people. How is this going to work with regard to Perkins Street? 4 5 Dan Thomas: 6 • The matter of traffic flow in connection with road widening improvements is the responsibility of 7 the City. The traffic study concluded that any increased trip generation resulting from a 8 development would cause less-than-significant impact. 9 10 Interim Planning Director Thompson: 11 • Talked about proposed widening improvement plans for Perkins Street and the location of 12 various right-of-ways to make this happen. 13 • Is of the opinion with the findings/recommendations from the Courthouse project traffic study and 14 the traffic study for the proposed rezone the intersections of Perkins Street and Orchard Avenue 15 do need to be improved. These intersections are only operating at `D' or `E' Level of Service 16 (LOS)depending on the time of day. 17 18 Commissioner Watt: 19 • Asked about the square footage on that portion of the parcel that does not have the parking lot. 20 • If a project were developed on the subject parcel would they be able to utilize the parking? 21 • Requested clarification the parking accommodations on the subject rezone project was created 22 for the Kmart project? 23 24 Interim Planning Director Thompson: 25 • The aforementioned square footage is small and is likely 5,000 or 6,000 square feet. 26 • Confirmed a new development would be able to utilize the existing parking on the subject parcel. 27 The parking is shared and is designed for this type of use. A new development would share the 28 parking accommodations with Home Depot. 29 30 Dan Thomas: 31 • By contract Kmart which was later assumed by Home Depot provides that the 32 person/establishment that owns the rezone property can utilize the parking lot facility. 33 34 Commissioner Watt: 35 • Requested clarification the parking spaces on the subject rezone property were not required for 36 Kmart to be compliant with their use permit by rather by contract with the property owner (Dan 37 Thomas)of the parcel requested for rezone. 38 39 Interim Planning Director Thompson: 40 • Confirmed the aforementioned inquiry. 41 42 Commissioner Watt: 43 • As such whatever project occurs on the subject rezone property will have to comply with the 44 existing parking agreement of shared parking with Home Depot. 45 46 Dan Thomas: 47 • Since Home Depot assumed the shared parking agreement from Kmart, any contract alteration 48 would be between Home Depot and himself, as the current property owner. 49 50 Commissioner Sanders: 51 • Requested clarification there are 46 parking spaces. 52 53 Dan Thomas: MINUTES OF THE PLANNING COMMISSION January 11, 2017 Page 4 1 • Confirmed the aforementioned inquiry. 36 parking spaces with the use of an additional 10 parking 2 spaces through an agreement with Home Depot. Home Depot has 479 parking spaces, 46 of 3 which are with the subject parcel. 4 5 Commissioner Christensen: 6 • Is there or was there ever a plan to construct a driveway from the parking lot onto Clara Avenue? 7 8 Dan Thomas: 9 • When Kmart was constructed there was a lot of discussion not to allow a driveway access from 10 this building or parking lot from the proposed rezone parcel onto Clara Avenue. The Wagenseller 11 Neighborhood did not favor having any driveway access onto Clara Avenue. Traffic congestion 12 was a real issue for the Wagenseller Neighborhood and this is the reason traffic calming 13 measures were taken on this street. 14 • There was never a plan formulated to allow driveway access of any type from Home Depot or the 15 subject rezone property. 16 17 PUBLIC HEARING CLOSED: 6:37 p.m. 18 19 M/S Watt/Hilliker to recommend City Council adopt Mitigated Negative Declaration as provided in 20 attachment 2 of the staff report. Motion carried (5-0). 21 22 M/S Watt/Hilliker to recommend City Council introduce Ordinance Amending the Official Zoning Map as 23 provided for in attachment 3 of the staff report. Motion carried (5-0). 24 25 M/S Watt/Hilliker to recommend adoption of Resolution Amending the Ukiah General Plan Map as 26 provided for in attachment 4 of the staff report. Motion carried (5-0). 27 28 10. PLANNING DIRECTOR'S REPORT 29 Interim Planning Director Thompson gave an update on upcoming and/or planning-related projects: 30 • Daytime homeless shelter on Clara Avenue. (PC) There is a predevelopment meeting tomorrow 31 concerning this project. 32 • Holiday Inn on Airport Park Boulevard is moving forward. The subdivision portion of the proposed 33 project has been approved. 34 • The Medical Marijuana Dispensary Ordinance is going to City Council again on January 18, 2017. 35 • No complaints have been received regarding the temporary homeless emergency shelter. 36 • There is a Minor Variance request at 535 S. Spring Street. (ZA) The applicant has requested a 37 postponement. 38 • Possible residential project on Cleveland Lane.(PC) 39 • Preliminary discussion about potential improvements to the temporary emergency homeless 40 shelter building and converting it to a community center facility. There has been discussion about 41 Tiny Houses being constructed on the subject property but there are issues associated with this 42 where the intent is to have a more permanent type of structure. 43 • The next regular Planning Commission meeting will be cancelled. 44 • Is processing the Planning Commission stipends. 45 46 11. PLANNING COMMISSIONERS' REPORT 47 Commissioner Hilliker: 48 • Related to possible improvements to the temporary emergency homeless shelter building asked 49 about usage of the subject property and building(s). 50 51 Interim Planning Director Thompson: 52 • Does not yet know the details about the potential project as the plans change. 53 54 Commissioner Hilliker: 55 • Sees the Wool Mill facility is progressing on Orchard Avenue. MINUTES OF THE PLANNING COMMISSION January 11, 2017 Page 5 1 Commissioner Christensen: 2 • Asked about Planning Commission allowance for education. She may be interested in attending a 3 planning educational workshop. 4 5 There was discussion about the City Planning Director and City Associate Planner position openings. 6 7 There was more discussion about the property located at 535 S. Spring Street. 8 9 There was also discussion concerning the Costco project. 10 11 12. 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Summary: As of January 1, 2017, three new State laws (AB 2299, SB 1069, and AB 2406) significantly affect the City's authority to regulate second units and related fees and effectively nullify existing provisions of the City Code regarding second units. The Planning Commission will receive a presentation intended to provide information on the new laws so that they may consider how to proceed in light of the impact of these laws on the City's regulatory authority. Background and Discussion: On January 1, 2017, three new State laws (AB 2299, SB 1069, and AB 2406) intended to address California's affordable housing crisis went into effect. These laws, particularly AB 2299, significantly affect the City's authority to regulate second units and related fees (See Attachments 1 and 2). On March 15, 2017, staff presented the three new State laws to the City Council for an update. The Council provided direction to bring the item to the Planning Commission for review and recommendation. AB 2299 SB 1069, codified, in relevant part, at Government Code §§ 65852.150 and 65852.2 (Attachment 3) rename "second units" as "accessory dwelling units" ("ADU"s), and limit local Second Unit/AUD Discussion Planning Commission April 14, 2017 1 authority to regulate these units in residentially-zoned districts. More specifically, Government Code § 65852.150 identifies ADUs as an essential component of California's housing supply and sets forth a statement of legislative intent that municipal ADU ordinances should provide for the creation of ADU and that the regulatory provisions of these ordinances should not unreasonably restrict the development of ADUs in zoning districts in which they are authorized. AB 2299, as enacted, amended Government Code Section 65852.2 to effect comprehensive changes to the authority of local governments to regulate the development of ADUs in residentially-zoned areas within their jurisdiction. The changes fall primarily into four areas: Parking, Types and Size of Units, Approval Process and Timelines, and Water and Sewer Utility Fees. While AB 2299 states that a local agency, by ordinance, may impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, and maximum size of a unit, the City's ability to impose these standards is somewhat limited by AB 2299's requirements for local ADU ordinances (See Attachments 1 and 2.) For example, AB 2299, as codified at Government Code Section 65852.2, states that parking requirements for ADUs shall not exceed one parking space per unit or per bedroom, and further states that a local agency may not impose any parking requirements for ADUs that are constructed within the footprint of an existing dwelling or accessory structure or that are located within a half mile of public transit. In addition, AB 2299 allows local agencies to impose maximum unit size standards on ADUs, though this maximum size cannot be set so low as to impede the development of ADUs. Furthermore, on a single family lot within a single family residential zone, local governments must treat the approval of an application to create an ADU as a ministerial decision without conducting a public hearing, if the unit meets criteria specified in the state statute or a local ordinance that complies with the state statute. However, as noted above, local agencies do retain the ability to determine where ADUs will be permitted and to impose standards for height, lot coverage, landscape, architectural review, and size, provided that these standards do not unreasonably impede the development of ADUs within their jurisdiction. As such, if it is the recommendation of the Commission that the City Code be amended to comply with the new requirements for local regulation of ADUs under Government Code Section 65852.2, the Commission could also take the opportunity to review and amend provisions of the City Code dealing with development of second dwelling units that are not out of compliance with Government Code Section 65852.2 but that impose standards outdated or unnecessary. For example, the Planning Department has questioned whether the Second Unit/AUD Discussion Planning Commission April 14, 2017 2 requirement in City Code Section 9016(P) that the "minimum width of a driveway serving a second dwelling unit shall be eighteen feet" is necessary or is instead unreasonably stringent. AB 2299 states that any existing local ADU ordinance that does not meet the law's requirements became null and void, when the bill became effective on January 1, 2017. In such cases, a jurisdiction, like Ukiah, must approve accessory dwelling units based on the procedures and standards set forth in Government Code Section 65852.2 and existing state standards until the jurisdiction adopts a compliant ordinance. The City is not required to amend its Second Unit Ordinance and can instead defer to the State for regulatory requirements for ADUs. However, by amending the City's Ordinance to comply with AB 2299 and SB 1069, the City may still impose, within limits stated in AB 2299 and SB 1069, its own development standards and requirements and allowable areas for ADUs. AB 2406, codified at Government Code 65852.22 (Attachment 4) creates special rules for Junior Accessory Dwelling Units ("JADU"s), which are ADUs 500 square feet in size or smaller that are located within an existing single-family residence within a single-family zone. Cities have the choice whether they adopt an ordinance specific to JADUs, or treat them as ADUs. Because local agencies are not required to adopt a JADU ordinance, and because AB 2406 does not nullify any current City ordinance, time is not of the essence for the City to make any local law or policy changes in response to this new law. Second Unit/AUD Discussion Planning Commission April 14, 2017 3 SUMMARY OF AB 2299, CODIFIED AT GOVT. CODE 65� 852.2 An Accessory Dwelling Unit, or ADU, means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons, and also includes efficiency units and manufactured homes. An ADU can also be wholly contained within the footprint of the existing primary, single-family residence or an e�sting accessory structure. To qualify for special treatment under Govt. Code § 65852.2, an ADU must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary single-family dwelling is situated. In addition, Govt. Code § 65852.2 applies only to the development of ADUs in single-family and multifamily residential zones. As�ects of ADU Develo�ment the Citv Can Regulate: Location of ADUs: The City can designate areas where ADUs are permitted, based on criteria such as the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety. Buildin�Standards: The City can impose standards on ADUs that include, but are not limited to: • Parking* • Height • Setback* • Lot coverage • Landscape • Architectural review � Maximum and Minimum size of a unit* � Standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. * But see belozv for limitations on these standards. Owner Occu�anc� The City may require owner occupancy of the primary residence on the lot on which an ADU is located. Lease Term: The City may require that an ADU must be used for rentals of terms longer than 30 days. Miscellaneous Health and Safet,�c�uirements: Local building codes apply to all ADUs. The City can require approval by the local health officer where a private sewage disposal system is being used. The Citv's Abilitv to Regulate ADU Develo�ment is Limited As Follows: Building Standards: 1 Maximum and Minimum Size: A local agency may establish minimum and maximum unit size requirements for both attached and detached ADUs. No minimum or maximum size for an ADU, or size based upon a percentage of the existing dwelling, for either attached or detached dwellings, shall be established by ordinance, that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Pursuant to state law, an efficiency unit can have a minimum floor area of 150 square feet and can also have partial kitchen or bathroom facilities. The increased floor area of an attached ADU shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. The City can set a smaller maximum size, provided that the requirement does not burden (e.g. make development cost prohibitive or impossible under the standards imposed) or prevent the development of ADUs. The total area of floor space for a detached ADU shall not exceed 1,200 square feet The City can set a smaller maximum size, provided that the requirement does not burden or prevent the development of ADUs. Setbacks: No setback shall be required for an existing garage that is converted to an ADU unit. A setback of no more than five feet from the side and rear lot lines shall be required for an ADU that is constYUCted above a gaYage. Parking: Parking requirements for ADUs shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway. While "tandem parking" is not currently defined in Section 65852.2,AB 464, currentl�in committee before the State legislature, would amend Section 65852.2 to define "tandem parking" as meaning that"two or more automobiles are parked on a driveway or in any other location on a lot,lined up behind one another." Off-street parking shall be permitted in setback areas in locations determined by the City or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, oY that it is not permitted anywhere else in the jurisdiction. If a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, and the City requires that those off-street parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the ADU,including, but not limited to, as covered spaces,uncovered spaces, or tandem spaces, or by the use of inechanical automobile parking lifts. The City may not impose parking standards for an ADU in any of the following instances: (1) The ADU is located within one-half mile of public transit. (2) The ADU is located within an architecturally and historically significant historic district. (3) The ADU is part of the existing primary residence or an existing accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the ADU. (5) When there is a car share vehicle located within one block of the ADU. 2 Fire S�rinklers: ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence. Passagewa�s: No passageway shall be required in conjunction with the construction of an ADU. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling Utilitv Connections and Fees: ADUs shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities,including watex and sewer service. For an ADU located in a single-family residential zone that is contained within the e�sting space of a single-family residence or accessory structure, the City may not require the applicant to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capaciry charge. For all other ADUs, the City may require a new or separate utility connection directly between the ADU and the utility. That connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed ADU, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of pYOViding this service. Other Rec�uirements for City Regulation of ADUs: An ADU Ordinance must require that an ADU is not intended for sale separate from the primary residence and ma�be rented. An ADU Ordinance must state that an ADU can only be located on a lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling. An application for a building permit for an ADU shall be considered ministerially without discretionary review or a hearing. An application for a building permit to create,within a single-family residential zone, one ADU per single-family lot,if the unit is contained within the existing space of a single-family residence or accessoYy structure, has independent exterior access from the existing residence, and the side and reaY setbacks are sufficient foY fire safety, must be approved ministerially, meaning without being required to get a use or other permit that requires public notice and a hearing. 3 Comparison of AB 2299 and Ukiah City Code Provisions Regulating Creation of Second Units and Recommended Amendments for Compliance with AB 2299 *These regulations only apply to Accessory Dwelling Units located within single-family and multifamily residential zoned properties. Provisions of AB 2299 , Conflicting Provisions of City Recommended Codified at Gov't Code Code Amendment to Second Section 65852.2 Unit Ordinance 1 Section 65852.2 replaces Section 9016 in the City Zoning While a change is not all occurrences of Ordinance currently refers to required, changing "second unit" with "second dwelling units" or references to "second "accessory dwelling unit" "second units". dwelling units" or"second ("ADU"). units" to "accessory dwelling unit" would make the City Code consistent with terms in State law. 2 Applications for permits None While the City Code does for ADUs be processed not contain any provision within 120 days of that is inconsistent with this receiving application requirement, other jurisdictions who have already amended their zoning ordinances have included this provision by reference. I recommend that the City add language about the 120 day limit for processing ADU permit applications. 3 An application for a None While the City Code does building permit for an not contain any provision ADU shall be considered that is inconsistent with this ministerially without requirement, other discretionary review or a jurisdictions who have hearing. already amended their zoning ordinances have included these provisions by reference. 4 An application to create None While the City Code does within a single family not contain any provision residential zone one ADU that is inconsistent with this per single family lot must requirement, other be ministerially approved jurisdictions who have if the unit is: already amended their • contained within an zoning ordinances have existing residence or included these provisions accessory structure. by reference. • has independent 1 Provisions of AB 2299 , Conflicting Provisions of City Recommended Codified at Gov't Code Code Amendment to Second Section 65852.2 Unit Ordinance exterior access from the existing residence. • has side and rear setbacks that are sufficient for fire safety. These provisions apply within all single family residential zones and ADUs within existing space must be allowed in all of these zones. No additional parking or other development standards can be applied except for building code requirements. 5 Required lot size: There Section 9016 in the City Zoning The Department of Housing is no explicit lot size Ordinance states that the and Community requirement in AB 2299. minimum lot size upon which Development has advised Govt. Code Section a second unit may be placed is that "standards and 56852.150, states, "It is five thousand (5,000) square allowable areas must not be the intent of the feet for an interior lot, and seven designed or applied in a Legislature that an thousand (7,000) square feet for manner that burdens the accessory dwelling unit a corner lot. development of ADUs". If ordinance adopted by a the minimum lot size would local agency has the still allow most single family effect of providing for the homes in single-family creation of ADUs and that residential districts to provisions in this develop an ADU, the size ordinance relating to requirement probably does matters including unit not thwart the state size, parking, fees, and legislature's intent. other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create ADUs in zones in which they are authorized by local ordinance." 6 Maximum size: Section 9016 in the City Zoning The Department of Housing Increased floor space of Ordinance currently limits the and Community an attached ADU shall size of a second unit to 10% of Development has advised not exceed 50% of the the total lot size, with a that "standards and 2 Provisions of AB 2299 , Conflicting Provisions of City Recommended Codified at Gov't Code Code Amendment to Second Section 65852.2 Unit Ordinance existing living space and maximum size of 750 square allowable areas must not be shall not exceed 1,200 feet. Section 9016 does not set designed or applied in a square feet. The total forth a minimum size manner that burdens the area of floor space for a requirement for second units. development of ADUs". If detached ADU shall not the maximum unit size exceed 1,200 square currently designated would feet. still allow most single family homes in single-family Minimum size- 150 residential districts to square foot efficiency develop an ADU, the size unit, as defined in the requirement probably does California Building Code not thwart the state legislature's intent. The Department, in a memo summarizing AB 2299, states that typical maximum unit sizes range from 800 to 1200 square feet. The City could amend the Code to indicate that the minimum size required by state law is a 150 square foot efficiency unit. 7 Setbacks: No setback Section 9016 in the City Zoning Amend City Code to state shall be required for an Ordinance states that the that (1) No setback shall be existing garage that is following setback requirements required for an existing converted to an ADU, shall apply to garage or accessory beyond what would be all second dwelling units in the building that is converted to required by local building R-1 (single-family residential) an ADU as long as it meets and fire codes. A setback zoning district: fire and building code of no more than 5 feet 1. Front Yard: The same as the requirements and (2)An from the side and rear lot existing single-family residence, ADU constructed above a lines shall be required for but no closer than five feet (5'). garage shall have a an ADU constructed 2. Side Yard, Single-Story: Side minimum setback of five above a garage. yard for single-story unit: Five feet from the side and rear feet (5'). lot lines. 3. Side Yard, Two-Story: Side yard for two-story unit: Ten feet (10'). 4. Rear Yard, Single-Story: Rear yard for single-story unit: Five feet (5'). 5. Rear Yard, Two-Story: Rear yard for two-story unit: Ten feet (10'). 3 Provisions of AB 2299 , Conflicting Provisions of City Recommended Codified at Gov't Code Code Amendment to Second Section 65852.2 Unit Ordinance 8 Parking Standards: Section 9016, subsection G, in AB 2299's prohibition of Local governments may the City Zoning Ordinance parking standards for ADUs not impose parking states that parking requirements located within '/2 mile of standards if: (1)ADU is for the second unit shall be one public transit may preclude within '/2 mile of public off street space (independently the City from requiring transit; (2)ADU is located accessible or tandem)for each parking spots for most within an architecturally bedroom in addition to the two ADUs. All parking and historically significant (2) independently accessible provisions in the City Code historic district; (3) ADU is parking spaces required for the applicable to second part of an existing primary existing single-family residence. dwelling units must be residence or an existing If the primary residence was amended to incorporate AB accessory structure; (4) legally constructed at a time 2299s's prohibition on on-street parking permits when on-site parking was not parking standards in certain are required but not required, then only the parking circumstances. offered to ADU; (5) a car space(s) for the second share vehicle is within dwelling unit shall be required. one block of ADU. Section 9021 in the City Zoning For ADUs not fitting any Ordinance states that of the above categories, second dwelling units require local governments may one additional on-site only require one parking independently accessible space per unit or per parking space. bedroom, and spaces may be provided as tandem parking on an existing driveway. Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. 4 Provisions of AB 2299 , Conflicting Provisions of City Recommended Codified at Gov't Code Code Amendment to Second Section 65852.2 Unit Ordinance 9 Sprinklers: Installation of Section 5216 of the City Fire Most one or two family sprinklers not required if Prevention Code, dwellings would require fire not required for primary amending Section 903.2 of the flows only 1,000 gallons per residence. CA Fire Code as adopted by the minute according to City, requires that: Appendix B of the CA Fire A. Approved automatic sprinkler Code, subparagraphs A-C systems shall be provided in are unlikely to apply. To the new buildings and structures extent that any of these requiring a fire flow of 2,000 subparagraph descriptions gallons per minute or greater could possibly apply to an as determined by appendix B of ADU, Section 5216 of the this code. City Code must be B. Approved automatic sprinkler amended to indicate that systems shall be provided in these requirements do not additions to existing structures apply to ADUs if sprinklers where the new total building are not required for the area would require a fire flow of primary residence 2,000 gallons per minute or associated with the ADU. greater as determined by appendix B of this code. C. Approved automatic sprinkler systems shall be provided in existing structures which are remodeled, added to or altered, except for ordinary maintenance and repair not involving structural alterations, requiring a fire flow of 2,000 gallons per minute or greater as determined by appendix B of this code, and when the cost of such remodels, additions, or alterations within any 36 month period exceeds $60,000. . . . E. Approved automatic sprinkler systems shall be provided in those new, additions to existing, remodeled, added to or altered buildings and structures which require a fire flow, as determined by appendix B of this code, in excess of the capability of the available water supply. 5 Provisions of AB 2299 , Conflicting Provisions of City Recommended Codified at Gov't Code Code Amendment to Second Section 65852.2 Unit Ordinance 10 Utility Connection Fees: Section 3702.5 of the City Code Section 3702.5 must be ADUs shall not be states that any structure located amended to state that no considered new within the City in which new sewer connection shall residential uses for the plumbing is to be installed and be required for an ADU that purposes of calculating to which a public sewer is is contained within the local agency connection available shall, at the expense existing space of an existing fees or capacity charges of the owner of the property, primary residence or for utilities, including connect the plumbing of such accessory structure in a water and sewer service. structure directly to the proper single-family residential public sewer in accordance with zone. Sections 3731A and For an ADU that is the provisions of this ordinance 3861 must be amended so contained within the as to not treat ADUs as new existing space of an Section 3731A of the City Code, residential uses and to existing primary while not explicitly referring to exempt ADUs that are residence or accessory second units, would treat any contained within the existing structure in a single- second unit as a new residential space of an existing primary family residential zone, use for the purpose of residence or accessory the local agency shall not calculating sewer connection structure in a single-family require the applicant to charges and would impose a residential zone from install a new or separate sewer connection fee. connection fees. utility connection directly between the ADU and the Section 3861 of the City Code, Note that AB 2299 and SB utility or impose a related while not explicitly referring to 1069 apply only to "local connection fee or second units, would treat any agencies", the definition of capacity charge. second unit as a new residential which does not include use for the purpose of special districts. As such, For all other ADUs, a calculating water connection the current noncompliance local agency may require charges and would impose a issues apply only to those a new or separate utility water connection fee. areas of the City that are connection directly not in the Sanitation District between the ADU and the overlap area. A clean-up utility. Consistent with bill, SB 229, has been state law, the connection introduced that will amend may be subject to a the utility connection fee connection fee or provisions of Gov't Code § capacity charge that shall 65852.2 to also apply to be proportionate to the special districts. Once the burden of the proposed state legislature SB 229 ADU, based upon either goes into effect, the its size or the number of Sanitation District will need its plumbing fixtures, to amend its ordinance upon the water or sewer pertaining to sewer system. This fee or connection fees. charge shall not exceed the reasonable cost of providing this service. 6 4/4/2017 Government Code Section 65852.150-Judicata California Gouernment Code Section 65852.i5o (a) The Legislature finds and declares all of the following: (i) Accessory dwelling units are a valuable form of housing in California. (2) Accessory dwelling units provide housing for family members, students,the elderly,in-home health care providers,the disabled,and others,at below market prices within existing neighborhoods. (3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security. (4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California. (5) California faces a severe housing crisis. (6) The state is falling far short of ineeting current and future housing demand with serious consequences for the state's economy, our ability to build green infill consistent with state greenhouse gas reduction goals,and the well-being of our citizens,particularly lower and middle-income earners. (�) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods,while respecting architectural character. (8) Accessory dwelling units are,therefore,an essential component of California's housing supply. (b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size,parking,fees, and other requirements,are not so arbitrary, excessive,or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance. Amended byStats.2oi6, Ch.720,Sec. 4.EffectiueJanuaryY,2oi�. Judicata�c 2oi� https://www.judicata.com/statute/ca/govcode/65852.150 1/1 4/4/2017 Government Code Section 65852.2-Judicata California Gouernment Code Section 65852.2 (a) (i) A local agency may,by ordinance,provide for the creation of accessory dwelling units in single-family and multifamily residential zones.The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.The designation of areas may be based on criteria,that may include,but are not limited to,the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. (B) (i) Impose standards on accessory dwelling units that include,but are not limited to,parking,height,setback,lot coverage,landscape, architectural review,maximum size of a unit,and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (ii) Notwithstanding clause(i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) The unit is not intended for sale separate from the primary residence and may be rented. (ii) The lot is zoned for single-family or multifamily use and contains an existing,single-family dwelling. (iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (iv) The increased floor area of an attached accessory dwelling unit shall not exceed 5o percent of the existing living area,with a maximum increase in floor area of i,2oo square feet. (v) The total area of floorspace for a detached accessory dwelling unit shall not exceed i,2oo square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. https://www.judicata.com/statute/ca/govcode/65852.2?r=1 1/5 4/4/2017 Government Code Section 65852.2-Judicata (vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit,and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used,if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom.These spaces may be provided as tandem parking on an existing driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking,unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. (III) This clause shall not apply to a unit that is described in subdivision(d). (xi) When a garage,carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced,the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit,including,but not limited to, as covered spaces,uncovered spaces,or tandem spaces, or by the use of inechanical automobile parking lifts.This clause shall not apply to a unit that is described in subdivision(d). (2) The ordinance shall not be considered in the application of any local ordinance,policy,or program to limit residential growth. (3) When a local agency receives its first application on or after July i, 2003,for a permit pursuant to this subdivision,the application shall be considered ministerially without discretionary review or a hearing,notwithstanding Section 659oi or 65906 or any local ordinance regulating the issuance of variances or special use permits,within i2o days after receiving the application.A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2ooi— 02 Regular Session of the Legislature,including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions,or requirements for those units,except as otherwise provided in this subdivision.In the event that a local agency has an existing accessory https://www.j udi cata.com/statute/ca/govcode/65852.2?r=1 2/5 4/4/2017 Government Code Section 65852.2-Judicata dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance,policy,or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that contains an existing single-family dwelling.No additional standards, other than those provided in this subdivision,shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 3o days. (�) A local agency may amend its zoning ordinance or general plan to incorporate the policies,procedures,or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot.The accessory dwelling unit shall not be considered in the application of any local ordinance,policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision(a)receives its first application on or after July i, i983,for a permit to create an accessory dwelling unit pursuant to this subdivision,the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to subdivision(a)within i2o days after receiving the application. (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units.No minimum or maximum size for an accessory dwelling unit, or size based upon a percentage of the existing dwelling,shall be established by ordinance for either attached or detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local development standards.Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (d) Notwithstanding any other law, a local agency,whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (i) The accessory dwelling unit is located within one-half mile of public transit. https://www.j udi cata.com/statute/ca/govcode/65852.2?r=1 3/5 4/4/2017 Government Code Section 65852.2-Judicata (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) Notwithstanding subdivisions(a)to(d),inclusive, a local agency shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure,has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety.Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (fl (i) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5(commencing with Section 66000) and Chapter�(commencing with Section 66oi2). (2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities,including water and sewer service. (A) For an accessory dwelling unit described in subdivision(e),a local agency shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (B) For an accessory dwelling unit that is not described in subdivision(e),a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66oi3,the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit,based upon either its size or the number of its plumbing fixtures,upon the water or sewer system.This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision(a)to the Department of Housing and Community Development within 6o days after adoption. (i) As used in this section,the following terms mean: (i) "Living area"means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. https://www.j udi cata.com/statute/ca/govcode/65852.2?r=1 4/5 4/4/2017 Government Code Section 65852.2-Judicata (2) "Local agency"means a city,county,or city and county,whether general law or chartered. (3) For purposes of this section,"neighborhood"has the same meaning as set forth in Section 65589•5• (4) "Accessory dwelling unit"means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons.It shall include permanent provisions for living,sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.An accessory dwelling unit also includes the following: (A) An efficiency unit,as defined in Section i7958.i of Health and Safety Code. (B) A manufactured home, as defined in Section i800�of the Health and Safety Code. (5) "Passageway"means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act(Division 20 (commencing with Section 30000)of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. Amended by Stats.2016, Ch.7,3,5,Sec.i.,5.Effectiue January i,2oY�. Judicata Oc 2oi� https://www.j udi cata.com/statute/ca/govcode/65852.2?r=1 5/5 4/5/2017 Government Code Section 65852.22-Judicata California Gouernment Code Section 65852.22 (a) Notwithstanding Section 65852.2,a local agency may,by ordinance,provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following: (i) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence already built on the lot. (2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted.The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit.Owner-occupancy shall not be required if the owner is another governmental agency,land trust, or housing organization. (3) Require the recordation of a deed restriction,which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: (A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence,including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. (4) Require a permitted junior accessory dwelling unit to be constructed within the existing walls of the structure, and require the inclusion of an existing bedroom. (5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the structure,with an interior entry to the main living area.A permitted junior accessory dwelling may include a second interior doorway for sound attenuation. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen,which shall include all of the following: (A) A sink with a maximum waste line diameter of i.5 inches. (B) A cooking facility with appliances that do not require electrical service greater than i2o volts,or natural or propane gas. (C) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (b) (i) An ordinance shall not require additional parking as a condition to grant a permit. https://www.j udicata.com/statute/ca/govcode/65852.22?r=1 1/2 4/5/2017 Government Code Section 65852.22-Judicata (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection,including the imposition of a fee for that inspection,to determine whether the junior accessory dwelling unit is in compliance with applicable building standards. (c) An application for a permit pursuant to this section shall,notwithstanding Section 659oi or 65906 or any local ordinance regulating the issuance of variances or special use permits,be considered ministerially,without discretionary review or a hearing.A permit shall be issued within i2o days of submission of an application for a permit pursuant to this section.A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (d) For the purposes of any fire or life protection ordinance or regulation,a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county,city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (e) For the purposes of providing service for water, sewer, or power,including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (fl This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation,related to parking or a service or a connection fee for water, sewer,or power,that applies to a single-family residence that contains a junior accessory dwelling unit,so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g) For purposes of this section,the following terms have the following meanings: (i) "Junior accessory dwelling unit"means a unit that is no more than 50o square feet in size and contained entirely within an existing single-family structure.A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (2) "Local agency"means a city,county,or city and county,whether general law or chartered. Added by Stats.2oi6, Ch.�,55,Sec.Y.Effective September 28,2oY6. Judicata�c 2oi� https://www.j udicata.com/statute/ca/govcode/65852.22?r=1 2/2