PLANNING COMMISSION CITY OF HALF MOON …...STAFF REPORT - Draft Ordinance Regulating Accessory Dwelling Units - 04.24.2018 ATTACHMENT 1 - Draft ADU Ordinance ATTACHMENT 2 - Previous

Emergency Operations Center (EOC)537 Kelly AvenueHalf Moon Bay, California 94019

Rick Hernandez, ChairBrian Holt, Vice ChairJohn Evans, Planning CommissionerJames Benjamin, Planning CommissionerLes Deman, Planning Commissioner

AGENDA

CITY OF HALF MOON BAYPLANNING COMMISSION

TUESDAY, APRIL 24, 2018

7:00 PM

This agenda contains a brief description of each item to be considered. Those wishing to address thePlanning Commission on any matter not listed on the Agenda, but within the jurisdiction of the PlanningCommission to resolve, may come forward to the podium during the Public Forum portion of the Agendaand will have a maximum of three minutes to discuss their item. Those wishing to speak on an agenda itemare asked to fill out a speaker card. Speaker(s) will be called forward at the appropriate time during theagenda item in consideration.

Please Note: Please Provide a Copy of Prepared Presentations to the Clerk

Copies of written documentation relating to each item of business on the Agenda are on file in theOffice of the City Clerk at City Hall and the Half Moon Bay Library where they are available for publicinspection. If requested, the agenda shall be available in appropriate alternative formats to persons with adisability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132.)Information may be obtained by calling 650-726-8271.

In compliance with the Americans with Disabilities Act, special assistance for participation in thismeeting can be obtained by contacting the City Clerk’s Office at 650-726-8271. A 48-hour notification willenable the City to make reasonable accommodations to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).

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MEETING WILL CONCLUDE BY 10:30 PM UNLESS OTHERWISE EXTENDED BY SIMPLE MAJORITY VOTE OF THEPLANNING COMMISSION.

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http://hmbcity.com/

PLEDGE OF ALLEGIANCE AND ROLL CALL

APPROVAL OF MINUTES

04.10.2018Draft Minutes PC 4.10.18

PUBLIC COMMENT

PLANNING COMMISSION BUSINESS

First Draft of new Accessory Dwelling Unit (ADU) Ordinance. Planning Commission toprovide direction and input to Staff. Community input welcome.STAFF REPORT - Draft Ordinance Regulating Accessory Dwelling Units - 04.24.2018

ATTACHMENT 1 - Draft ADU Ordinance

ATTACHMENT 2 - Previous Staff Report - 03.13.2018

DIRECTOR'S REPORT

PLANNING COMMISSION COMMUNICATIONS

ADJOURNMENT

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/178028/Draft_Minutes_PC_4.10.18.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/178246/STAFF_REPORT_-_Draft_Ordinance_Regulating_Accessory_Dwelling_Units_-_04.24.2018.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/178247/ATTACHMENT_1_-_Draft__ADU_Ordinance.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/178248/ATTACHMENT_2_-_Previous_Staff_Report_-_03.13.2018.pdf

MINUTES

CITY OF HALF MOON BAY PLANNING COMMISSION

TUESDAY, APRIL 10, 2018

EMERGENCY OPERATIONS CENTER (EOC) / 537 KELLY AVENUE Chair Hernandez called the meeting to order at 7:00 p.m. PRESENT: Chair Hernandez, Vice Chair Holt, Commissioners Benjamin, and Deman ABSENT: Commissioner Evans

PLEDGE OF ALLEGIANCE AND ROLL CALL Chair Hernandez led the Pledge of Allegiance.

APPROVAL OF MINUTES Minutes of March 27, 2018

M/S: Hernandez/Benjamin

Motion Carried: 4-0

PUBLIC COMMENT 1. Tim Pond: Does not favor the idea of limiting hosted Air B&Bs to 60 days,

that it is too strict of a timeline.

1. PUBLIC HEARING ITEM: 1.A: 390 Myrtle Street PDP-18-001 – Coastal Development Permit, Architectural Review, Street Facing Side Yard Setback Variance and Front Yard Setback Variance and Parking Exception

NOTICE OF RECORD Chair Hernandez and Vice Chair Holt are outside of the 500ft. buffer zone, citing no conflict of interest.

Clarifying Questions from the Planning Commission:

• Frontage improvements: Staff described the potential improvements required for Myrtle and Second Street.

• Staff described policy changes, specifically adoption of the Housing Element in 2015, that encourage the development of small infill residential sites and further

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April 10, 2018 Planning Commission Minutes Page 2 of 4

explained that this property was determined to be a legal lot through legal review of a complete chain of title.

• Staff provided clarification about sewer benefit units.

• Application Materials: Staff explained that a preliminary grading and drainage plan was required for the sake of Planning Commission consideration; the geotechnical report is typically required at the building permit stage for single-family development, however, the applicant opted to provide that at this time.

• Covered Parking structure, what variances? Will the homeowner be responsible to maintain the two off-street parking spaces?

• Appeal process: Staff confirmed that the project is located outside the Coastal Commission appeals jurisdiction and that the appeal fee is approximately $200.

Public Comment:

1. Sue Taylor (Applicant Architect): Working with the applicant, gave clarification of the design changes to accommodate the Commission’s comments and suggestions from previous Commission study session.

2. Tim Pond: Likes the small house in the neighborhood. Thinks developing these substandard infill lots is great, rather than leaving them empty to collect garbage and neglect public safety. Infill development is extremely important to HMB.

3. James Goulart: Neighbor to proposed project. Recognizes all of the design changes from the study session, specifically the west side facing his home. The project is based on variances. Changes have allowed for this “previously undevelopable” property to be developed. Feels that the viewpoint on this lot has changed by the City. Disagrees with the look of the house for the neighborhood. o Requests equal distance from the new house to the shared property line

as his house is relative to that property line. o Consider noise abatement on the west side of the house o Require a traffic study o The eave setback should be 3 feet o Requested that the public record remain open for comment

Planning Commission Discussion and Suggestions:

• Site Plan and Architectural Design: The Commission discussed the height, interior side yard setback, and parking provisions of the proposed house.

• Neighborhood Compatibility and Concerns: The Commission discussed the architectural character of the house within the context of the neighborhood, landscape plans, and treatment of the street frontage including maintaining adequate site distance for cars, bikes, and pedestrians at the intersection.

• Additional Planning Commission input: o The LCP update should consider these types of small infill lots in order to

better address the need for variances and to improve the City’s consistency in severely substandard infill lots.

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o Small houses help promote affordable housing in HMB M/S: Deman/Benjamin Motion pursuant to the staff recommendation with the following amendments:

• The CEQA exemption sited in the resolution is revised to reference 15303 (instead of 15301).

• Add a Condition of Approval requiring that a deed restriction be filed to restrict additional development on the site.

• Remove the carport from the final design.

• Amend Condition 6 about landscaping to ensure maintenance of clear sight lines across the corner of the property at the intersection.

Motion Carried: 3-1 Chair Hernandez opposed

1.B: 300 Main Street PDP-17-039 – Coastal Development Permit, Use Permit, Architectural Review and Parking Exemption

Public Comment:

1. Ed Love: The project Architect spoke clarifying the benefits of this project with respect to downtown and increasing activity in the downtown area. Smaller rentals are scarce within HMB. Parking demand will be offset between the commercial uses during the day and residential uses at night, which will prove to be very efficient for downtown parking.

2. Eugene Thorsett: Neighbor, is not opposed to the project. Concerned parking during day time will be occupied the entirety of the day by those who live on the street. Where would children play assuming families move in? Those with RVs and boats, where will they park? Would there be dedicated parking? Concerned there is no storage onsite, would tenets bring in trailers to store their belongings?

Planning Commission Discussion, Suggestions, and items to be addressed:

• Parking: The Planning Commission considered the following topics pertaining to parking:

o The change of use may result in a lower parking demand. o EV charging stations: Could enhance the value of parking; is the

applicant open to adding charging station? o The Planning Commission has considered other parking exceptions in the

mixed use downtown environment and recently approved a development with mixed use and dedicated parking.

o Can disallow storage in parking lot and the City ordinance covers this concern.

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o Bike Parking: need adequate bike storage and parking; 2 bike lockers have been proposed; and for addressing the parking variance, could they add more lockers?

• Water Connections: The Planning Commission discussed the proposed change of use and the implications with respect to water connections:

o Change of use evaluation: Appreciates the project operating in the shell of the existing building; could a unit could be considered visitor serving, or must it change to non-priority?

o Consider downtown in the aggregate as a district; the district is served by a combination of priority/non-priority water connections supporting uses that transition over time.

o Perhaps some kind of assessment district model would address this issue for an aggregate approach.

M/S: Benjamin/Holt Motion pursuant to the staff recommendation with the following amendments:

• Add a Condition of Approval to provide one level 2 EV charging station.

• Investigate options for increasing the number of bike lockers on the property.

• Move the water connection policy discussion forward to City Council with inclusion of Planning Commission discussion points on this matter.

Motion Carried: 4-0

DIRECTOR REPORT PLANNING COMMISSION COMMUNICATIONS ADJOURNMENT

M/S: Hernendez/Deman Motion Carried: unanimously Meeting adjourned at 9:27 PM

Respectfully Submitted: Approved: ____________________________ _________________________________ Joe Butcher, Admin. Assistant Rick Hernandez, Chair

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MEMORANDUM

For meeting of: April 24, 2018

To: Chair Hernandez and Planning Commission From: Jill Ekas, Director of Community Development Sara Clark, Deputy City Attorney TITLE: DRAFT AMENDMENTS TO CITY ORDINANCE REGULATING ACCESSORY

DWELLING UNITS ______________________________________________________________________________ RECOMMENDATION: Consider community input and provide feedback on draft amendments to City ordinance regulating accessory dwelling units (ADUs), included as Attachment 1. Staff will incorporate this feedback, as well as feedback from the public and Coastal Commission staff, and bring a revised version of the ordinance back to the Commission for a formal recommendation. BACKGROUND: Background regarding the City’s existing code, state law regarding ADUs, and California Coastal Commission guidance is provided in the attached memorandum from March 13, 2018 (Attachment 2). On March 13, 2018, the Planning Commission provided policy direction regarding revisions to the City’s ADU ordinance. The Planning Commission provided specific feedback regarding Measure D, water meters, occupancy restrictions, zoning districts where ADUs should be permitted, unit size, coastal development permits (CDPs) and exemptions, parking, and the potential impacts caused by ADUs. DISCUSSION: Based on feedback from the Planning Commission and the public, a draft ordinance was prepared for early input from the Planning Commission (Attachment 1). The proposed draft would rescind the existing Chapter 18.33 in its entirety, replace it with a new Chapter 18.33, and make conforming amendments to other aspects of the City’s code. Where possible, the proposed draft has retained language from the existing Chapter 18.33.

Overall, these amendments are proposed for two purposes: 1) to better conform the City’s ADU ordinance to State ADU Law; and/or 2) to clarify or improve the current code and review process for the sake of reducing barriers to the production of affordable housing. As discussed in the March 13, 2018 memorandum, the proposed ordinance creates two categories of ADUs: (1) those that are “wholly within” an existing single-family residence or accessory structure (which are entitled to very streamlined review), and (2) those that involve new development,

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April 24, 2018 Accessory Dwelling Unit First Draft Ordinance Planning Commission Meeting

Page 2 of 3

either as an attached or detached structure (on which the City can impose more restrictions, within limits established by state ADU law). This memorandum outlines some of the key features of the draft ordinance. Further information about these topics can be found in the March 13, 2018 memo. Coastal Commission Review Based on feedback from the Planning Commission, the draft ordinance attempts to streamline Coastal Act review to the extent permitted by law. Specifically, a “wholly within” ADU would typically be treated as not constituting development, and would not require a CDP. Similarly, a “new development” ADU that is contained within or attached to an existing single-family residence or structure would typically qualify for a CDP exemption. Finally, any other ADU (such as new, detached ADUs) would qualify for an administrative CDP, which could be approved by the Community Development Director after more limited public notice. Measure D Certificates. The draft ordinance clarifies that ADUs must obtain a Measure D certificate as part of the approval process. Staff has reviewed the history of Measure D and the City’s prior efforts to address accessory dwelling units in Measure D, and believes that imposing Measure D’s requirements on ADUs is consistent with the initiative, the City’s Local Coastal Program (LCP), prior Coastal Commission guidance, and state law. To ensure that Measure D certificates do not unduly burden the development of ADUs, the draft ordinance eliminates Measure D related fees for ADU applications, and adjusts the allocation of points to ensure that ADU proposals can receive 5 points under “Design for Diverse Households.” Zoning Districts Where ADUs Are Permitted. The draft ordinance broadly allows ADUs throughout the City, in nearly all districts where single-family homes can be found (R-1, R-2, R-3, C-D, C-R, C-VS, C-G, OS-R, U-R, PUD, or PUD-X). It is important to remember that in all districts, only one ADU is permitted per lot, and ADUs are only permitted if there is a proposed or existing single-family residence. Maximum Size for New Development ADUs. The draft ordinance establishes a maximum size for new development ADUs of 800 square feet. The size of an individual ADU could be further limited by FAR, setback, or height requirements. The existing code currently limits ADUs to 700 square feet and thus this represents a modest increase in the allowable size of ADUs. Occupancy Requirements for ADUs. Based on feedback from community members, the draft ordinance does not impose any owner occupancy restrictions on lots that contain ADUs. It further allows property owners to remove any recorded deed restrictions related to owner occupancy imposed by the City’s existing code.

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April 24, 2018 Accessory Dwelling Unit First Draft Ordinance Planning Commission Meeting

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The draft ordinance prohibits use of ADUs for short-term rentals in order to ensure that ADUs can be used to meet the City’s long-term housing needs. Parking Requirements for ADUs. As discussed in the March 13, 2018 memorandum, state law generally prohibits cities from imposing parking requirements on ADUs that are located within ½ mile of public transit. This requirement would effectively prohibit the city from imposing parking requirements on most ADUs. However, state ADU law affirms that it does not apply to “in any way alter or lessen the effect or application of the California Coastal Act.” Gov’t Code § 65852.2(j). This provision indicates that the City may deviate from state law to protect Coastal Act Resources. Staff has attempted to balance the requirements of state ADU law with the City’s concern that inadequate parking may impede coastal access within the City. The draft ordinance requires ADUs to provide a single parking space, with the following salient exceptions1: (1) ADUs in all areas east of Highway One (where beach access is less of a concern); (2) ADUs on properties with historic structures; (3) ADUs that are proposed as part of a new residence; and (4) where the Community Development Director has granted a parking exception. Duplex and Triplex Lots. While state ADU law does not require the City to permit ADUs on lots with duplex or triplex development, the draft ordinance proposes to allow such ADUs if they qualify as a very low or low-income unit. Staff is also considering changes to the Residential Density Bonus Chapter to permit developers to build an ADU as a density bonus unit. These changes are not currently included in the draft ordinance, but would be presented as part of the Planning Commission’s final review of the ordinance. Summary. Following this Planning Commission meeting, the draft ordinance will be revised to address input from the Planning Commission and the public. City Staff will also meet with Coastal Commission Staff to receive their input. The revised ordinance will be brought back to the Planning Commission for a formal hearing and recommendation. Additional community input will also be encouraged.

ATTACHMENTS: Attachment 1 – Draft revisions to Half Moon Bay Zoning Ordinance Attachment 2 – March 13, 2018 Staff Report and Attachments from the ADU Study Session

1 Other exceptions are included in the ordinance to conform to state ADU law but are generally inapplicable in the City.

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Chapter 18.33 Accessory Dwelling Units

18.33.010 Purpose.

The purpose of this chapter is to:

A. Increase the supply of smaller units and rental housing units by allowing accessory

dwelling units to locate on lots which contain an existing or proposed single-family

dwelling;

B. Establish standards for accessory dwelling units to ensure that they are compatible

with existing neighborhoods; and

C. Comply with state law regarding accessory dwelling units (California Government

Code Section 65852.2) and the California Coastal Act (California Public Resources Code

Sections 30000-30900).

18.33.020 Review and approval.

A. Review of Accessory Dwelling Unit Applications. Accessory dwelling unit

applications shall be processed by the community development director as follows:

1. Residential Dwelling Unit Allocation. Accessory dwelling units require a

residential dwelling unit allocation pursuant to Chapter 17.06 and Chapter 18.04,

provided that no processing fee pursuant to Section 17.06.040 shall be required.

2. Coastal Development Permit. All accessory dwelling units shall conform to

Chapter 18.20, as further described below.

a. A Wholly Within Existing Development Accessory Dwelling Unit, as

defined in Section 18.33.030, that does not involve the removal or

replacement of major structural components (e.g., roofs, exterior walls,

foundations) and that does not change the size of the structure, does not

constitute “development” as defined in Public Resources Code Section

30106 and Section 18.20.020(C) and does not require a coastal

development permit.

b. An accessory dwelling unit that is contained within or attached to an

existing single-family dwelling unit or accessory structure (except for an

existing guest house) is exempt from the requirement to secure approval of

a coastal development permit pursuant to Public Resources Code Section

30610(a), unless one or more of the criteria in Subchapter 7, Title 14,

Section 13250(b) of the California Code of Regulations, as may be

amended from time to time, is met.

c. An accessory dwelling unit that is contained within or attached to an

existing guest house is exempt from the requirement to secure approval of

a coastal development permit pursuant to Public Resources Code Section

30610(b), unless one or more of the criteria specified in Subchapter 7,

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Title 14, Section 13253(b) of the California Code of Regulations, as may

be amended from time to time, is met.

d. Any other accessory dwelling unit shall obtain an administrative coastal

development permit, as defined in Public Resources Code section 30624.

Such an administrative coastal development permit shall be processed as a

“local coastal development permit” per Chapter 18.20 except:

i. The community development director is the approval authority

for the administrative coastal development permits;

ii. The city shall not be required to publish any notice in a

newspaper;

iii. Any administrative coastal development permit issued by the

community development director shall be listed on the Planning

Commission and City Council agendas at their first scheduled

meetings after the permit is issued. If, at either meeting, one-third

of the Planning Commission or City Council so request, the permit

issued by the community development director shall not go into

effect and the application shall be processed according to Chapter

18.20; and

iv. No hearing shall be required for the issuance of the

administrative coastal development permit, the issuance of a

standard coastal development permit pursuant to Chapter 18.20, or

any appeal for an accessory dwelling unit.

3. Building Permit. Accessory dwelling units require a building permit issued in

conformance with this code, including Section 17.06.050.

4. Unless otherwise required by the Coastal Act, the community development

director shall act on all required permits within 120 days of receipt of a complete

application.

B. Non-Compliant Proposals. If the requirements in this Chapter are not met, the

proposed accessory dwelling unit cannot be approved under this Chapter.

Notwithstanding the foregoing, applicants may seek approval of the unit, addition, or

renovation under the city’s generally-applicable standards and procedures, including a

variance pursuant to Chapter 18.23.

C. Conversion of Existing Residence. An existing residence, in conformance with the

above regulations, may be converted to an accessory dwelling unit in conjunction with

development of a new primary dwelling unit.

D. Existing Accessory Dwelling Unit. An existing accessory dwelling unit may be

enlarged or modified only in accordance with the requirements of this Section.

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E. Density. To the extent required by California Government Code Section 65852.2, an

accessory dwelling unit built in conformance with this Section does not count toward the

allowed density for the lot upon which the accessory dwelling unit is located.

F. General Plan and Zoning Designations. Accessory dwelling units are a residential use

that is consistent with the city’s general plan, local coastal land use plan, and zoning

ordinance.

18.33.030 Standards for Wholly Within Existing Development Accessory

Dwelling Units.

Any accessory dwelling unit that is wholly contained within the existing space of a single-family

dwelling or accessory structure shall meet the following development standards and use

restrictions:

A. The accessory dwelling unit is located in an R-1, R-2, R-3, C-D, C-R, C-VS, C-G, OS-

R, U-R, PUD, or PUD-X zoning district.

B. The lot on which the accessory dwelling unit is located contains an existing or

proposed single-family dwelling.

C. The lot on which the accessory dwelling unit is located does not contain another

accessory dwelling unit.

D. The accessory dwelling unit has exterior access independent from the existing single-

family dwelling.

E. The existing single-family dwelling or accessory structure has side and rear setbacks

sufficient for fire safety. If the existing dwelling or structure complies with the city’s

setback requirements as described this code, it shall automatically meet this standard.

F. The accessory dwelling unit complies with applicable building codes and health and

safety regulations; however, the accessory dwelling unit is not required to provide fire

sprinklers if fire sprinklers are not required for the single-family dwelling.

G. The single-family dwelling or accessory structure was constructed in compliance with

all then-applicable city requirements or was in existence on [effective date of ordinance].

H. The accessory dwelling unit may be rented in full or in part for the purpose of

overnight lodging for terms of thirty or more consecutive days, but it shall not be rented

for shorter terms or sold or otherwise conveyed separately from the single-family

dwelling.

18.33.040 Standards for New Development Accessory Dwelling Units.

Any accessory dwelling unit that involves the addition of square footage to an existing single-

family dwelling or accessory structure or the construction of a new detached structure, or is

proposed in conjunction with a new single-family dwelling, shall meet the following

development standards and use restrictions:

A. The unit is located in an R-1, R-2, R-3, C-D, C-R, C-VS, C-G, OS-R, U-R, PUD, or

PUD-X zoning district.

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B. The lot on which the accessory dwelling unit is located contains an existing or

proposed single-family dwelling.

C. The lot on which the accessory dwelling unit is located does not contain another

accessory dwelling unit.

D. The accessory dwelling unit meets non-discretionary requirements for any single-

family dwelling located on the same parcel in the same zoning district. These

requirements include, but are not limited to, building height, setback, site coverage, floor

area ratio, building envelope, payment of applicable fees, and building code

requirements. The following exceptions apply:

1. Detached accessory dwelling units shall have a minimum side setback of five

feet and minimum rear setback of ten feet. If any portion of the accessory

dwelling unit is located in front of the main building, then the front and side yard

setbacks shall be the same as a single-family dwelling in the zoning district. The

distance between buildings on the same lot must be a minimum of six feet.

2. Notwithstanding Section 18.33.040 (D)(1), if the proposed accessory dwelling

unit is an addition to an existing private garage:

a. No setback shall be required for any portion of the existing private garage

that is converted to the accessory dwelling unit; and

b. Standard setbacks shall apply to the new floor area, unless the accessory

dwelling unit is constructed above the existing private garage, in which case

the side and rear setbacks for the accessory dwelling unit shall not be less

than five feet, and the front setback shall not be less than twenty feet.

3. Building Height.

a. A one-story detached accessory dwelling unit shall be no more than

thirteen feet in height.

b. A one-and-one-half- to two-story detached accessory dwelling shall be no

more than twenty-two feet in height.

4. The minimum lot area per dwelling unit required by the applicable district shall

not apply, provided the minimum building site requirements shall be met.

5. The only architectural and design standards that apply to accessory dwelling

units are as follows:

a. The accessory dwelling unit shall use similar exterior siding materials,

colors, window types, door and window trims, roofing materials, and roof

pitch as the single-family dwelling.

b. For accessory dwelling units located outside the standard side and rear

yard setbacks for the district, the entrance to the accessory dwelling unit shall

face the interior of the lot unless the accessory dwelling unit is directly

accessible from an alley or a public street.

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c. For accessory dwelling units attached to the single-family dwelling unit,

new entrances and exits are allowed on the side and rear of the structures

only.

6. Pursuant to California Government Code Section 65852.2, no passageway is

required in conjunction with the construction of an accessory dwelling unit.

Passageway is defined as a pathway that is unobstructed clear to the sky and

extends from a street to one entrance of the accessory dwelling unit.

7. The accessory dwelling unit is not required to provide fire sprinklers if fire

sprinklers are not required for the single-family dwelling.

8. If the proposed accessory dwelling unit is a manufactured home, as defined in

Health and Safety Code § 18007, it shall comply with Section 18.06.060

(Manufactured homes), except subsection (B) (Approval), (C) (Location), (D)(1)

(Width) and (D)(10) (Covered Parking).

F. The gross floor area of the accessory dwelling unit shall not exceed eight-hundred

square feet and the gross floor area of the accessory dwelling unit and other buildings on

the lot shall not exceed the maximum floor area ratio.

G. The minimum gross floor area of the accessory dwelling unit shall be no less than one

hundred fifty square feet or the minimum required for an efficiency dwelling unit as

defined in Section 17958.1 of the Health and Safety Code, as may be amended from time

to time.

H. A minimum of one off-street parking space for the accessory dwelling unit, in addition

to the spaces required for the single-family dwelling, shall be provided. Notwithstanding

any other provisions of this code, the required parking space may be located as a tandem

space in an existing driveway or in the required setbacks, and may have a permeable, all-

weather surface. This parking requirement shall not apply:

1. To a unit that is located east of Highway One;

2. To a unit that is located within an architecturally and historically significant

historic district or on the same lot as a historic property listed on or eligible for

listing on either the National Register of Historic Places or the California Register

of Historical Resources;

3. When on-street parking permits are required but not offered to the occupant of

the unit;

4. Where the unit is part of a proposed primary residence;

5. To a unit that is located within one block of the designated pick-up or drop-off

location of a car-share vehicle, where such vehicle is owned by a car-sharing

company;

6. Where a parking exception has been granted in accordance with Section

18.36.080.

I. Accessory dwelling units shall not be approved absent a finding of adequate water

supply and wastewater treatment capacity. The accessory dwelling unit can be

accommodated with the existing water service and existing sewer lateral, insofar as 14

evidence is provided that the existing water service and existing sewer lateral has

adequate capacity to serve both the primary residence and accessory dwelling unit. No

additional water meter shall be required, unless requested by the applicant.

J. The accessory dwelling unit may be rented in full or in part for the purpose of

overnight lodging for terms of thirty or more consecutive days, but it shall not be rented

for shorter terms or sold or otherwise conveyed separate from the single-family dwelling.

Section 18.33.050 Standards for New Development Accessory Dwelling Units

(Multifamily).

One New Development Accessory Dwelling Unit may be proposed for a lot that contains an

existing or proposed duplex or triplex development provided that:

A. The proposal is processed in accordance with Section 18.33.020;

B. The proposal meets all requirements of Section 18.33.040, except subsection (B) and

18.33.080; and

C. The accessory dwelling unit qualifies as a very low or low income unit.

Section 18.33.060 Combination Proposals.

A. When an accessory dwelling unit is proposed in conjunction with—but it can be

constructed independent of—another proposal for which city approval is required under

this code, the following options apply:

1. The applicant may elect to have the city process the accessory dwelling unit

separate from and concurrently with the other proposal(s). If the applicant makes

this election, the streamlining described in this Chapter would apply to the

accessory dwelling unit and the city’s otherwise applicable regulations would

apply to the other proposal(s). Because accessory dwelling units are processed in

a streamlined fashion by virtue of their construction on a lot with a single-family

dwelling, occupancy of a new accessory dwelling unit will be legal only if a

single-family dwelling is present on the same lot.

2. The applicant may elect to submit the accessory dwelling unit and other

proposal(s) for combined review by the city. If the applicant makes this election,

he or she voluntarily foregoes the regulations described in this Chapter and the

city’s otherwise applicable regulations apply.

B. When an accessory dwelling unit is proposed in conjunction with—and it cannot be

constructed independent of—another proposal for which city approval is required under

this code, the following options apply:

1. The applicant may elect to have the city process the accessory dwelling unit

separate from the other proposal(s). If the applicant makes this election, the

streamlining described in this Chapter would apply to the accessory dwelling unit

proposal after the applicant obtains city approval for the other proposal(s) on

which accessory dwelling unit construction depends. Because accessory dwelling

units are processed in a streamlined fashion by virtue of their construction on a lot

with a single-family dwelling, occupancy of a new accessory dwelling unit will be

legal only if a single-family dwelling is present on the same lot. 15

2. The applicant may elect to submit the accessory dwelling unit and other

proposal(s) for combined review by the city. If the applicant makes this election,

he or she voluntarily foregoes the regulations described in this Chapter and the

city’s otherwise applicable regulations apply.

18.33.070 Converted Parking.

When a private garage, carport, or covered parking structure is demolished or converted in

conjunction with the construction of an accessory dwelling unit, the spaces contained in such

structures shall be replaced to the extent they are required to meet the numerical parking

requirements in Chapter 18.36. The replacement spaces may be located in any configuration on

the same lot as the accessory dwelling unit, including, but not limited to, enclosed spaces,

unenclosed spaces, or tandem spaces, or by the use of mechanical automobile parking lifts,

provided that the spaces and driveway comply with Section 18.06.040 (E).

18.33.080 Conformance with Certified Local Coastal Program.

New accessory dwelling units shall conform to all applicable requirements of the city’s Local

Coastal Program, the zoning code and this Chapter including that the proposed accessory

dwelling unit will not adversely impact any coastal resources including any of the following:

A. Environmentally sensitive habitat areas, or significant vegetation such as native trees,

vegetation, riparian areas, wetlands, riparian or wetland buffers or visually prominent tree

stands as designated in the Local Coastal Program or the zoning code.

B. Significant topographic features, including but not limited to steep slopes, ridgelines

or bluffs, water courses, streams or wetlands or any areas as designated in the Local

Coastal Program.

C. Significant public views including old downtown, scenic hillsides or ocean views from

Highway 1 as designated in the Local Coastal Program.

D. Areas of public access to the coastal trail or beach areas including those as designated

in the Local Coastal Program.

E. Archaeological resources.

F. Prime agricultural land or soil.

18.33.090 Declaration of Restrictions.

No declaration of restrictions or deed restriction shall be required in conjunction with

development of an accessory dwelling unit. Any declaration of restrictions or deed restriction

previously recorded to copy with prior versions of this Chapter shall be void and unenforceable,

although the City retains the right and ability to enforce any violations of this code. The owner of

any property subject to a deed restriction or declaration of restrictions previously recorded to

comply with prior versions of this Chapter may record an appropriate document rescinding the

prior deed restriction or declaration of restrictions.

18.33.100 Incentives. 16

The following incentives are to encourage construction of accessory dwelling units:

A. Affordability Requirements for Fee Deferral. Accessory dwelling units proposed to be

rented at rents affordable to very low or low income households, as established by the

city, may request waiver of all city fees, subject to the sole discretion and approval of the

city.

B. Parking. The covered parking requirement for the primary residence shall be limited to

one covered parking space and one uncovered parking space if an accessory dwelling unit

is provided. The uncovered parking space may be provided in the side yard setback (if on

a corner lot) or front yard setback under this incentive with the parking design subject to

approval of the community development director. The maximum impervious surfaces

devoted to the parking area shall be no greater than the existing driveway surfaces at time

of application. Not more than fifty percent of the front yard width shall be allowed to be

parking area.

17

18.02.040 Definitions.

…

“Accessory building” or “accessory structure” means a detached subordinate building, the uses

of which are incidental to a permitted principal use conducted within the main or principal

structure on a parcel. An accessory building or use is not permitted without a permitted use on

the property. An accessory dwelling unit is not considered an accessory building.

Accessory Dwelling Unit. See “second dwelling unit.”An attached or a detached residential

dwelling unit that provides complete independent living facilities for one or more persons on the

same parcel as a single-family dwelling. It shall include permanent provisions for living,

sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes the following:

(1) an efficiency unit, as defined in Health and Safety Code § 17958.1 and (2) a manufactured

home, as defined in Health and Safety Code § 18007.

…

…

Dwelling, Single-Family. “Single-family dwelling” means a building containing one dwelling

unit, but does not include an accessory dwelling unit.

…

“Guest house” or “accessory living quarters” means living quarters within a main or an accessory

building for the sole purpose of providing for persons employed on the premises, or for

temporary use by guests of the occupants of the premises. Kitchens are not permitted within

guest houses. “Guest house” does not include “secondaccessory dwelling unit” as defined in this

title.

…

…

18

18.03.030 Residential use classifications.

A. Accessory or Second Dwelling Unit. An attached or detached residential dwelling unit as

defined in this title.

…

G. Single-Family Residential. Buildings containing one dwelling unit located on a single lot.

This classification includes manufactured homes and lots containing a primary dwelling unit and

an accessory dwelling unit.

…

19

18.03.070 Accessory use classifications.

A. Accessory Uses and Structures. Uses and structures that are incidental to the principal

permitted or conditionally permitted use or structure on a site and are customarily found on the

same site. This classification includes detached or attached garages, guest houses, caretaker’s

quarters and home occupations and excludes accessory dwelling units.

B. Accessory or Second Dwelling Unit. An attached or detached dwelling unit as defined in

Section 18.02.040.

20

18.06.020 Schedule of uses.

…

Table A-4

SCHEDULE OF ACCESSORY USES

Accessory Uses

Allowed by

Zoning

With a

Use Permit

Additional

Regulations

SecondAccessory dwelling

units

All R

…

21

18.06.050 Exceptions to development standards.

…

E. Development Standards for Exceptional, Substandard and Severely Substandard Lots. This

section sets forth standards for development on substandard or severely substandard lots, which

are defined in the zoning code definitions in Section 18.02.040.

1. Exceptional lots shall be subject to the R-1 development standards set forth in Table B

of this chapter, unless otherwise specified.

2. Development on substandard or severely substandard lots, other than exceptional lots,

shall meet all standards set forth in Tables E and F of this chapter, respectively, unless

otherwise specified. Project design review pursuant to Chapter 14.37 is required for all

development, including additions and accessory structures but not including any Wholly

Within Existing Development Accessory Dwelling Unit, as defined in Section 18.33.030,

on any substandard or severely substandard lot or building site except as provided in

subsection (E)(3) of this section.

3. Coastal Act Consistency. The exception to development standards for substandard,

severely substandard, and exceptional lots set forth in this subsection shall only be

applied in full conformity with coastal development permitting requirements pursuant to

Sections 30600 and 30610 of the Coastal Act and Title 14 Sections 13250, 13252, and

13253 of the California Code of Regulations and Sections 18.20.025 and 18.20.030 of the

zoning code.

…

22

18.07.020 Permitted uses.

…

Table 18.07.020E

ACCESSORY USES

C-D Commercial downtown zoning district

C-R Commercial residential zoning district

OK = Allowed without permit UP = Use permit required

NO = Not allowed UPCC = Use permit required under certain

circumstances

Key Accessory Uses

C-D

Zoning

C-R

Zoning

E-1 Accessory Use or Structure OK OK

E-2 Accessory Dwelling Unit UPOK UPOK

E-3 Mixed Commercial and Residential UP UP

…

23

18.07.025 Use regulations.

The following use categories and any additional regulations associated with an identified use are

to be taken together with the permit requirements listed for each use classification in Tables

18.07.020A through E. These regulations shall apply to both permitted uses and for uses which

are only allowed upon approval of a use permit by the planning commission.

…

E-2 Accessory Dwelling Unit. No additional regulations specified.

…

24

18.07.030 General development standards.

…

J. AccessorySecond Dwelling Units. All accessorysecond dwelling units in these commercial

districts must comply with the regulations contained in this title and state law.

…

25

18.08.020 Permitted uses.

…

Table 18.08.020E

ACCESSORY USES

C-VS Visitor-serving commercial zoning district

C-G General commercial zoning district

OK = Allowed without permit UP = Use permit required

NO = Not allowed UPCC = Use permit required under certain

circumstances

Key Accessory Uses

C-VS

Zoning

C-G

Zoning

E-1 Accessory Use or Structure OK OK

E-2 Accessory Dwelling Unit OK OK

E-3 Mixed Commercial and Residential UP UP

…

26

18.08.025 Use regulations.

…

E-2 Accessory Dwelling Unit. No additional regulations specified.

…

27

18.08.030 General development standards.

…

J. AccessorySecond Dwelling Units. All accessorysecond dwelling units in these commercial

districts must comply with the regulations contained in this title and state law.

…

28

18.11.015 Permitted uses in OSR and UR districts.

…

Table 18.11.015

SCHEDULE OF USES IN OSR AND UR DISTRICTS

Key Land Use

Allowed by

Zoning

Use Permit

Required

Additional

Regulations

1 Agricultural:

a • Open Field

Agriculture UR, OSR A-1

b • Retail Sales UR, OSR A-2

c • Livestock OSR A-3

2 Residential:

a • Single-Family UR B-1

b • Single-Family OSR B-2

c • Employee Housing UR B-3

d • Accessory Dwelling Unit UR, OSR

3 Public or Quasi-Public:

a • Park or Recreation UR C-1

b • Campground UR C-2

c • Utility, Minor UR, OSR C-3

d • Equestrian Center UR C-4

4 Temporary:

a • Animal Show or Rodeo UR D-1

…

29

18.11.020 OSR and UR district use regulations.

…

B. Residential.

B-1 Single-Family. In the (UR) urban reserve district, one dwelling unit is permitted for

the owner, manager or operator of the premises, subject to the approval of a use permit in

each case.

B-2 Single-Family. In the (OSR) open space reserve district, one dwelling is permitted on

each fifty acres of land, subject to the approval of a use permit in each case.

B-3 Employee Housing. In the (UR) urban reserve district residential structures are

permitted as housing for those persons employed on the premises, subject to the approval

of a use permit in each case.

B-4 Accessory Dwelling Unit. In the (UR) urban reserve and (OSR) open space reserve

districts, accessory dwelling units that comply with the regulations contained in this title

are permitted.

…

30

18.20.030 Exemptions.

The coastal development permitting requirements in Section 18.20.025 and exemptions herein

shall be carried out in full conformity with Sections 30600 and 30610 of the Coastal Act and

Title 14, Sections 13250, 13252, and 13253 of the California Code of Regulations. Any conflicts

between provisions in the zoning code and either the Coastal Act or Title 14, Sections 13250,

13252, and 13253 of the California Code of Regulations shall be resolved in favor of the Coastal

Act or Title 14, Sections 13250, 13252, and 13253 of the California Code of Regulations. The

following categories of projects are exempt from the requirement to secure approval of a coastal

development permit:

. . .

C. Miscellaneous Activities and Development. The following activities and development

projects are exempted:

. . .

8. Accessory Dwelling Units.

b. An accessory dwelling unit that is contained within or attached to an

existing single-family dwelling unit or accessory structure (except for an

existing guest house), unless one or more of the criteria in Subchapter 7,

Title 14, Section 13250(b) of the California Code of Regulations, as may

be amended from time to time, is met.

c. An accessory dwelling unit that is contained within or attached to an

existing guest house, unless one or more of the criteria specified in

Subchapter 7, Title 14, Section 13253(b) of the California Code of

Regulations, as may be amended from time to time, is met.

…

31

18.36.040 Off-street parking facilities--Required number of parking spaces, size

and access standards, and parking for disabled individuals.

…

TABLE A: NUMBER OF REQUIRED OFF-STREET PARKING SPACES

Type of Use Number of Required Parking Spaces

Dwellings (single-family) Two garage spaces per dwelling unit. Tandem parking

configurations shall be prohibited except on substandard and

severely substandard lots.

Apartments,

condominiums

Two garage spaces per dwelling unit, plus one guest space for each

five units, with a minimum of one guest space.

In-law units (second

dwelling units)Accessory

dwelling units

As required by Chapter 18.33.One off-street parking space in

addition to the two enclosed spaces required for the single-family

residence on the same site. Planning commission may waive

requirement under exceptional circumstances.

…

32

18.36.080 Parking exceptions.

In cases of practical difficulties and unusual hardship, exceptions to the parking requirements or

development standards set forth in this chapter may be granted. Application for a parking

exception shall be made and an exception may be approved under the following procedures:

A. An application for a parking exception shall be initiated on a form provided by the

planningcommunity development department. An application for a parking exception shall be

submitted concurrently with any other required discretionary permit. The application shall

include a fee set by resolution of the city council. At the time a complete application for a

parking exception is made, the community development director shall determine the applicable

review procedure as provided for herein.

1. The community development director shall review an application for parking exception

if no discretionary permit is being sought in addition to the parking exception or if the

only discretionary permit being sought is an administrative coastal development permit

pursuant to Section 18.33.020. The community development director shall make written

finding of facts showing whether the four requirements in subsection B of this section

have been established with respect to the land, building or use for which the parking

exception is sought, and make a determination as to the granting or denial of the

application for a parking exception based upon those findings.

2. The planning commission shall review an application for parking exception if a

discretionary permit(s) is being sought in addition to the parking exception, at the same

public hearing held for the associated discretionary permit and in accordance with

subsections C through F of this section.

…

33

17.06.015 Exemptions.

The limitations on residential dwelling units imposed by this chapter shall not apply to:

A. Replacements of existing dwelling units on a one-for-one basis.

B. Density bonuses for the provision of low- and moderate-income housing as required by state

law.

C. Any second dwelling unit as defined in Chapter 18.33 or the California Government Code.

34

17.06.100 Residential development projects--Defined.

The procedures specified in this chapter shall apply to any new residential development within

any zoning district on a legally existing lot or contiguous lots under single ownership.

Residential development projects shall include any detached single-family dwelling unit, any

attached single-family dwelling units consisting of duplex or triplex development, or any

multiple-family development consisting of four or more dwelling units, or any accessory

dwelling unit.

35

17.06.120 Distribution of residential dwelling unit allocations.

…

I. Points shall be allocated according to the community design criteria in this subsection which

incorporate the concepts and principles of the “Build It Green” program and will rely on a

certified GreenPointRater at the time that points are determined.

…

5. Design for Diverse Households (maximum of twenty points).

a. At least one zero-step entrance provided in home: five points;

b. All main floor interior doors and passageways have a minimum thirty-two-inch

clear passage space: five points;

c. At least one half-bath is located on the ground floor with blocking in walls for

grab bars: five points;

d. Fully functional independent second unit is providedProject is or includes an

accessory dwelling unit: five points.

…

HMB.GEN-PLAN 983863.8

36

MEMORANDUM

For meeting of: March 13, 2018

To: Chair Hernandez and Planning Commission From: Jill Ekas, Director of Community Development Sara Clark, Deputy City Attorney Date: March 13, 2018 TITLE: POLICY DIRECTION FOR POTENTIAL AMENDMENTS TO CITY ORDINANCE

REGULATING ACCESSORY DWELLING UNITS ______________________________________________________________________________ RECOMMENDATION: Provide policy direction to staff for potential amendments to City ordinance regulating accessory dwelling units, also known as second units. BACKGROUND: City’s Existing Code: The City’s Zoning Code currently regulates second dwelling units, which are defined as “a detached or attached dwelling unit on a single-family residential lot that contains a one-family dwelling.” These units are referred to in state law as accessory dwelling units or ADUs, and are also commonly referred to as granny flats. The Zoning Code permits ADUs in the R-1, R-2, R-3 residential zoning districts as well as the Commercial–Residential (C-R), Commercial-Downtown (C-D), Commercial-Visitor Serving (C-VS), and Commercial-General (C-G) mixed use districts on lots with existing single-family homes. Property owners must obtain an administrative coastal development permit, an administrative site and design permit, and a building permit (and in the C-R and C-D districts, a use permit) prior to construction. Existing City standards and criteria for ADUs are summarized in Attachment 1 and discussed further below. The City’s existing code is included as Attachment 2. State Law Regarding ADUs: In the 2016 and 2017 state legislative sessions, the Governor signed a number of bills intended to streamline local jurisdictions’ reviews of ADUs. The majority of changes are codified in Government Code sections 65852.2 and 65852.22 (State ADU Law). At times, language in the amendments is not clearly drafted, leading to uncertainty and ambiguity in what State ADU Law requires of cities. However, it is clear that the intent of the law is to force cities to streamline and relax regulation of ADUs to encourage their development. It is also clear that the state considers ADUs to be accessory uses to single-family residences, and not new residential units. As a result, State ADU Law reduces the ability of cities to impose requirements on ADUs related to certain potential impacts, specifically parking and utilities.

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March 13, 2018 Accessory Dwelling Unit Study Session Planning Commission Meeting

Page 2 of 9

State ADU Law has a number of components. First, it greatly limits the conditions and requirements cities can impose on ADUs that are located wholly within existing single-family residences or accessory structures (such as garages, cottages, or pool houses). For purposes of this report, these ADUs will be referred to as “Wholly Within Existing Development” ADUs. Second, it imposes a number of basic standards for ADUs that require new square footage, including additions to an existing single-family residence or accessory structure, new detached structures, and ADUs proposed in conjunction with new single-family residences. For purposes of this report, these ADUs will be referred to as “New Development” ADUs. Cities can also impose additional standards and criteria on New Development ADUs, provided that they adopt an ADU ordinance that is compliant with the State ADU Law’s requirements. Finally, State ADU Law creates a third category of ADUs known as “Junior Accessory Dwelling Units.” Junior ADUs are small units created out of existing bedrooms, which contain only efficiency kitchens and retain direct access to the primary unit. State ADU Law is clear that cities can choose to allow Junior ADUs or not. However, if a city elects to allow them, the standards and criteria by which they can be evaluated are quite strict. Coastal Commission Guidance: One area of potential dispute is the extent to which State ADU Law (Section 65852.2) applies in the Coastal Zone. Subsection (j) states: “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 . . . , except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.” The Coastal Commission issued guidance on this issue in April and November 2017, stating that “[t]he Commission interprets the effect of subdivision (j) as preserving the authority of local governments to protect coastal resources when regulating ADUs in the coastal zone, while also complying with the standards in Section 65852.2 to the greatest extent feasible” (emphasis added). (Coastal Commission guidance included as Attachment 3). Specifically, the Coastal Commission recommends that cities streamline their review of ADUs through exemptions and waivers, especially for ADUs that are built within existing structures. The City currently requires administrative coastal development permits (CDPs), administrative site and design permits, and building permits for all ADUs, a process that was codified in the City’s ordinance and approved by the Coastal Commission in 2015. This existing process is in substantial compliance with the Coastal Commission’s recent guidance for processing New Development ADUs that are either detached or may pose a risk of adverse environmental effects. For New Development ADUs that would be attached to existing single-family residences and Wholly Within Existing Development ADUs, the City’s existing exemptions could be extended to better conform to Coastal Commission guidance. Note that the City’s local coastal program (LCP) does not include any categorical exclusion areas and therefore does not have a waiver process that could be easily modified to include ADUs.

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Page 3 of 9

San Mateo County ADU Ordinance in the Coastal Zone: The County of San Mateo recently amended its zoning code to comply with State ADU Law. Details of the County’s new ADU requirements for the Coastal Zone are discussed throughout this memorandum and the County’s complete ADU ordinance is attached as Attachment 4. The County’s entitlement process is similar to the City’s current approach with an administrative review process for issuance of coastal development permits in some cases, such as for parcels located in the Coastal Commission appeals jurisdiction. The County has also provided for exemptions in other instances. DISCUSSION: This Memorandum highlights key policy considerations for the Planning Commission to consider in providing direction on the desired terms for updating the City’s ADU ordinance. Staff has provided initial recommendations on each policy item, as well as alternative options. Overall, these initial recommendations are proposed for two purposes: 1) to better conform the City’s ADU ordinance to State ADU Law; and/or 2) to clarify or improve the current code and review process for the sake of reducing barriers to the production of affordable housing. Generally, conformance to State ADU Law is recommended unless the City can demonstrate that the deviation from State ADU Law is necessary for implementation of the California Coastal Act through the City’s certified LCP. Examples of Coastal Act priorities that may allow for deviations include protection of coastal resources, coastal access, and visual resources. The three types of ADUs raise distinct issues:

• New Development ADUs: The City’s ordinance for this type of ADU already substantially

conforms to State ADU Law, with relatively minor exceptions. Suggestions to address

these areas of nonconformity and to improve the code are included in the discussion

below.

• Wholly Within Existing Development ADUs: This type of ADU is currently not covered in

the City’s zoning ordinance and needs to be addressed for the City’s ordinance to be

consistent with State ADU law.

• Junior ADUs: Providing for this type of ADU is not required by State ADU Law, and

therefore the City’s zoning ordinance is consistent at this time; however, the Planning

Commission may wish to consider adding provisions for Junior ADUs.

The City’s existing ADU requirements are compared in a chart attached to this Memorandum as Attachment 1. The following discussion presents options for ADU regulations including designating areas where they are to be permitted, maximum size for New Development ADUs, policy options for addressing Wholly Within Existing Development ADUs, consideration of Junior ADUs, occupancy requirements for all types of ADUs, consideration of ADUs as part of the City’s annual growth limits (Measures D), and parking requirements for New Development ADUs.

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Page 4 of 9

Areas Where New Development ADUs Are Permitted. State ADU law permits cities to designate areas where New Development ADUs are not permitted, so long as the designations are based on specified criteria. To conform with State ADU Law, it is important to continue to allow ADUs in all residential districts (R-1, R-2, R-3); and the mixed-use commercial zoning districts (C-R, C-D, C-VS, C-G), so long as the other criteria are met (i.e., parcel developed with a single family home, compliance with floor area ratio (FAR) requirements, etc.). State ADU Law specifies that ADUs should be considered an accessory use to virtually any single family home. Therefore, serious consideration should be given to allow ADUs in the Urban Reserve (UR), Open Space Reserve (OSR), and Planned Unit Development (PUD) districts, where single-family residential development is the primary land use. Covenants, conditions and restrictions (CC&Rs) in some planned development neighborhoods may prohibit ADUs. It is the homeowners’ association (HOA) obligation to enforce CC&Rs, and not a City consideration. Staff recommends adding these three designations to be consistent with the intent of State ADU Law. ADUs could be explicitly prohibited in the industrial zoning district because of the potentially incompatible nature of industrial land uses in very close proximity to residential development; however, it is not necessary to specify a prohibition as these areas are not zoned for single-family use. These recommendations are based on the following:

1. The City currently permits ADUs in most of these districts. The only proposed change would be to add the UR, OSR, and PUD districts, which permit single-family development.

2. ADUs provide important housing flexibility, by allowing separate units for adult family members, or by allowing smaller, more inexpensive rental units that provide an income stream to existing home owners. Staff believes that the City can best accommodate a diversity of housing needs by allowing ADUs in all residential and mixed-use zoning districts.

3. The proposed restrictions on New Development ADUs (including size, setbacks, parking, prohibition on short-term rentals, etc.) are anticipated to reduce potential impacts to the community.

Options: The Planning Commission may consider identifying areas within these residential districts where New Development ADUs would not be permitted. State ADU law suggests that cities may consider growth limitations such as the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety. Other criteria are also allowed. The County has taken this approach, by permitting ADUs only in R-1 districts; it does not permit them in R-2, R-3 or RM districts. Some cities have limited ADUs based on lot size, although the California

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Department of Housing and Community Development (HCD), which will have the opportunity to review and comment on the City’s ordinance, has expressed concerns about this approach.1

Maximum Size for New Development ADUs. State ADU law contains somewhat conflicting requirements relating to maximum sizes, both setting forth maximum sizes to be included in city ordinances (1,200 square feet) and stating that cities may impose their own maximum sizes. HCD has offered some guidance, agreeing that while cities may impose their own maximum sizes, a “maximum unit size that unreasonably restricts opportunities would be inconsistent with the intent of the statute.” It states, however, that “typical maximum unit sizes range from 800 square feet to 1,200 square feet.” Because of HCD’s guidance, staff’s initial recommendation is that the ordinance limit New Construction ADUs to 800 square feet, a slight increase over the existing maximum of 700 square feet. The City’s lots tend to be fairly small; in staff’s experience, it is often infeasible for ADUs to be constructed to the current maximum 700 square foot size. Moreover, restricting the size to 800 square feet would promote housing diversity (by limiting larger, more expensive ADUs), while falling within the range noted by HCD. It is also important to note that the zoning ordinance imposes FAR requirements for each applicable district on the development of residential lots, which includes the floor area of ADUs. This may further limit their size. FARs will continue to be applied to development of these properties, which State ADU Law accepts as an allowable objective standard, and thus may affect the permitted size of a New Development ADU. Options: The Planning Commission may want to consider a larger maximum size, such as 1,000 or 1,200 square feet. The Planning Commission may also want to consider varying the maximum size based on whether the unit is attached or detached, or based on the size of the existing structure. San Mateo County has taken both approaches, by limiting attached ADUs to 750 square feet or 50% of existing floor area, whichever is larger, and limiting detached ADUs to 750 square feet or 35% of existing floor area, whichever is larger. It is noted that the County’s approach is well thought through and could be appropriate for Half Moon Bay. Adopting similar measures would provide some consistency on the midcoast; however, it does not fully conform to HCD guidance. Wholly Within Existing Development ADUs. The Coastal Commission has suggested that the City’s Zoning Ordinance should be amended to permit development of Wholly Within Existing Development ADUs in conformance with State ADU Law. These ADUs should be permitted in any existing single-family dwelling or accessory

1 According to HCD: “Utilizing approaches such as restrictive overlays, limiting ADUs to larger lot sizes, burdensome lot coverage and setbacks and particularly concentration or distance requirements (e.g., no less than 500 feet between ADUs) may unreasonably restrict the ability of the homeowners to create ADUs, contrary to the intent of the Legislature.”

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Page 6 of 9

structure, even if the structure is non-conforming, provided the application meets minimal requirements related to exterior access, side and rear setbacks, and the building code. However, to reduce any incentive for a property owner to build an accessory structure without permits and then (legally) convert it into an ADU, the Planning Commission should consider including a requirement that the single-family residence or accessory structure be in existence as of the effective date of the ordinance or be legally constructed. This approach recognizes the Legislature’s understanding that converting existing space to another unit is likely to result in fewer impacts than new construction. Options: The Planning Commission may consider making modifications to these requirements, such as limiting the size of Wholly Within New Development ADUs, or imposing parking requirements. However, as stated above, we recommend that any deviations from State ADU Law are grounded in protection of coastal resources pursuant to the Coastal Act. Making such a finding for Wholly Within Existing Development ADUs may be difficult. Junior ADUs As explained in the background section and the included table, State ADU Law also provides for cities to adopt ordinances permitting Junior ADUs. The intent of this law was to streamline approval for a very specific type of low-cost ADU, in order to increase housing diversity. Staff does not recommend adopting a Junior ADU ordinance at this time. Units that would qualify as Junior ADUs can generally be built using the process for Wholly Within Existing Development ADUs. Consequently, adding a Junior ADU permitting scheme would be largely redundant and unnecessarily complex. Options: The Planning Commission may want to consider adopting a Junior ADU ordinance, to the extent the Planning Commission wants to prioritize development of these types of units. Occupancy Requirements for ADUs. While State ADU Law specifies that cities must allow ADUs to be rented, cities may elect to limit rented ADU occupancy in two ways. First, cities may prohibit the use of ADUs for short-term rentals. Second, cities may require the property owner to occupy either the single-family residence or the ADU. The City’s existing ordinance imposes the latter via a required deed restriction. The Planning Commission should consider imposing both limitations, by requiring owner occupancy of at least one unit as required by the existing code and prohibiting short-term rental of ADUs. Owner occupancy encourages a long-term connection to the community and may therefore reduce nuisance impacts associated with the ADU. Moreover, existing second unit owners have deed restricted their units to impose the owner-occupancy restriction and may view a reversal of this policy as unfair. Short-term rentals present a complex policy question. On the one hand, ADUs have been touted as a mechanism for increasing housing diversity by creating smaller, more affordable

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long-term rental properties. This benefit may not be realized if ADUs are used for short-term rentals. On the other hand, short-term rentals can provide both increased rental revenue and additional flexibility for property owners. These characteristics may increase housing affordability for single-family residences. Allowing short-term rentals also increases visitor-serving accommodations in the Coastal Zone. The City is concurrently considering a short-term rental ordinance, which may address some or most of the nuisance issues associated with short-term rentals if the Planning Commission wishes to recommend allowing them. However, most cities, as well as San Mateo County, do not allow use of ADUs for short-term rentals in order to promote housing diversity. Options: The Council may want to consider eliminating the owner occupancy requirement and/or allowing short-term rental of ADUs under very limited circumstances (e.g. in the mixed-use zoning districts, for very limited number of nights per year), provided that they meet the requirements of any new City ordinance regarding short-term rentals. Growth Limitations and Measure D Certificates. Staff is still researching the legislative history of Measure D, the various and conflicting references to Measure D in the City’s Municipal Code, and how Measure D interacts with State ADU Law and the Coastal Act, but preliminarily recommends that the proposed amendments clarify that ADUs must obtain a Measure D certificate as part of the approval process. This amendment would ensure that ADUs are counted toward overall residential growth, and matches the approach taken by San Mateo County, which counts ADUs toward the County’s total residential development quotas. However, to ensure that ADU development is encouraged, the Planning Commission may also want to consider:

• Reducing or eliminating Measure D related fees for ADU applications; and

• Further incentivizing development of ADUs in the allocation of points, in the event the growth cap is reached. The existing ordinance already allocates points to new single-family residences that include ADUs. Staff proposes to also allocate points to ADUs on lots with existing single-family residences.

By including ADUs in the Measure D allocations, ADUs will be incorporated into the City’s build-out assumptions pertaining to water supply and trip generation. It should be noted, however, that ADUs are not anticipated to add significant burden on resources, especially given the small demand. In calendar years 2016 and 2017, the City issued a total of six ADU permits. Even if the development of ADUs is encouraged and increased, as desired by City Council, their relative impact as compared to single-family homes and other development is likely to remain small.

Options: The Planning Commission may also consider other options for addressing ADUs with respect to Measure D.

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Parking Requirements for ADUs. Generally speaking, State ADU Law permits cities to require one parking space per New Development ADU, provided that the requirement can be met with virtually any type of on-site parking space, including within setbacks or in tandem. However, State ADU Law also prohibits any parking requirements for two kinds of New Development ADUs: (a) ADUs that are located within one-half mile of public transit and (b) ADUs that are part of proposed single-family residences.2 State ADU Law does not define “public transit,” though HCD has commented that it should be interpreted to include, at a minimum, bus and other transit stops. HCD has also opined that cities cannot impose a “tighter headway” requirement, such as limiting it to bus stops that are served every 15 minutes during peak hours. A significant portion of the City falls within a half-mile of Samtrans stops (generally, along Highway One and through the downtown core). The Planning Commission should consider bringing the City’s parking requirements into conformance with State ADU Law. The City’s existing ordinance already requires one parking space per ADU and permits property owners to locate these spaces in setbacks or as tandem spaces. This requirement appears to strike a reasonable balance between ensuring ADU-related traffic is accommodated on-site and not unduly burdening ADU development. Exempting ADUs within one-half mile of Samtrans bus stops from on-site parking requirements would provide some landowners with more flexibility and conform the City’s ordinance to State ADU Law. Options: Although contrary to HCD guidance, the Planning Commission may want to consider interpreting “public transit” more narrowly, such that some or all Samtrans stops do not qualify. In conjunction, the City could exempt the downtown core from the parking requirement, as this area is generally the most pedestrian and transit friendly. The Planning Commission may also consider eliminating the parking requirement for historic homes, in order to reduce potential impacts caused by development of an additional parking spot on-site. The City’s parking code already acknowledges that historic status is a reasonable finding to support reduced parking requirements. Finally, the Planning Commission may consider limiting the number of tandem spaces to two or three cars total. The County has adopted a three car limitation. Summary. Many other considerations pertain to ADUs. The scope of this study session is intended to focus on key policy issues that will ensure the City properly balances compliance with State ADU Law, the City’s Housing Element policy, and the City’s LCP. Staff is researching several other relevant policy and regulations including the water district’s water meter requirement, the fire district’s plan review process, the interaction of ADU regulations and density bonus laws for duplex developments, and other matters. Following this study session, a draft ordinance will be prepared addressing the policy issues described in this report, as well as other items. City Staff

2 Note that parking requirements also cannot be imposed on Wholly Within Existing Development ADUs.

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will also meet with Coastal Commission Staff to receive their input. The Planning Commission, along with the community, will be provided ample time to consider the draft ordinance, which will eventually be brought before the City Council.

ATTACHMENTS: Attachment 1 – State ADU Law and Current Half Moon Bay ADU Standards Attachment 2 – Half Moon Bay Zoning Ordinance Chapter 18.33 – Second Dwelling Units Attachment 3 – Coastal Commission Guidance (April and November 2017) Attachment 4 – County of San Mateo Zoning Ordinance Chapter 22.5 – Second Units

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Attachment 1 – State ADU Law and Current Half Moon Bay ADU Standards

Wholly Within Existing

Development ADUs (per state law)

New Development ADUs (per state law)

Junior ADUs (per state law)

Existing City Code (Highlights indicate potential

deviation from state law for New Development ADUs)

Applicable Zoning Districts All areas “zone[d] for single-family use”

Areas “zoned to allow single-family or multifamily use,”1 unless City designates areas where ADUs are not permitted based on objective criteria

Single-family residential zones

R-1, R-2, R-3, C-VS, C-G, C-D (with use permit), C-R (with use permit) Not permitted in UR, OSR, or PUD

Number of ADUs 1 ADU/Lot 1 ADU/Lot 1 JADU/Lot Not addressed

Single-Family Residence Required?

Yes

Yes, although ADU may be proposed in conjunction with new single-family residence

Yes

Yes, although ADU may be proposed in conjunction with new single-family residence

Floor Area Ratio

ADU does not increase FAR. City not permitted to impose additional standards, even if existing space is non-conforming

City can impose non-discretionary FAR limits

Existing space must be legal, but may be non-conforming

Single-family residence and ADU combined cannot exceed FAR

Attached or Detached? Either in existing structures

Either Within walls of existing structure, including an existing bedroom

Either

Kitchen and Bathroom Yes, required Yes, required

Efficiency kitchen only required (no gas or electric stove); may share sanitation facilities with primary dwelling

Yes, required

Exterior access Access must be independent from the existing residence

No passageway required, as defined in state law

Separate entrance AND interior entry to primary dwelling required

If ADU is located within standard setbacks, access must face interior of lot unless directly accessible from alley or public street; If ADU is attached to primary dwelling unit, access must be on side or rear of structure

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Garage Setbacks (if ADU is proposed within or on top of existing garage)

Within garage: Setbacks “sufficient for fire safety,” which is not defined but may be less than existing code requirements

Addition to garage: * Existing structure: no setback requirements * Addition on top: 5 feet side and rear * Addition elsewhere: City can impose non-discretionary setbacks

N/A Not addressed

All other setbacks “[S]ufficient for fire safety,” which may be less than existing code requirements

City can impose non-discretionary setbacks


Detached: 5 ft (side); 10 ft (rear); 6 ft (other buildings on lot) Otherwise, same as single-family residences

Size Limits

City not permitted to impose size limits, even if existing space is non-conforming.

Attached ADU: Max: 50 percent of primary unit or 1,200 square feet, whichever is less, unless city imposes other maximum size

Max: 500 square feet Max: 700 square feet Min: 150 square feet or efficiency unit

Detached ADU: Max: 1,200 square feet, unless city imposes other maximum size

1 While the state law requires cities to allow ADUs in multi-family zones (unless specified findings are made), ADUs are only permitted on lots with existing or proposed single-family homes. Consequently, an ADU would not qualify for this streamlined process for a lot with a duplex.

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Height

City not permitted to impose standards, even if existing space is non-conforming

City can impose non-discretionary height requirements


1 story detached: 13 feet 1.5 story detached: 22 feet Attached: same as single-family residences

Parking

City not permitted to impose parking requirements, even if existing space is non-conforming.

City can require 1 parking spot per ADU, except in certain areas (see below). Applicant can meet requirement through parking in setbacks or tandem parking.

No parking required

Minimum of 1 off-street parking space. Must be paved. No exceptions specified, but can be waived by Planning Commission.

City Reviews Ministerial review within 120 days, public hearing for CDP not required

Ministerial review within 120 days, public hearing for CDP not required

Ministerial review within 120 days, public hearing for CDP not required

Administrative CDP, Administrative Site and Design Permit, Building Permit Note: Although the City’s existing process is not specifically consistent with State ADU Law, the Coastal Commission guidance indicates that CDPs should still be required for some ADUs.

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Half Moon Bay Municipal Code

Chapter 18.33 SECOND DWELLING UNITS

Page 1/6

The Half Moon Bay Municipal Code is current through Ordinance C-2017-01, passed April 18, 2017.

Chapter 18.33

SECOND DWELLING UNITS

Sections:

18.33.010 Purpose.



18.33.040 Standards for new second dwelling units.

18.33.050 Deed restrictions.

18.33.060 Incentives.

18.33.070 Requirements to legalize existing second dwelling units.

18.33.010 Purpose.

The purpose of this chapter is to:

A. Increase the supply of smaller units and rental housing units by allowing second dwelling units to locate on

lots which contain a single-family dwelling in the R-1, R-2, or R-3 districts within the city; and

B. Establish standards for second dwelling units to ensure that they are compatible with existing neighborhoods.

(Ord. C-15-10 §1(Exh. A(part)), 2010: 1996 zoning code (part)).


A. Floor Area. “Floor area” of a second dwelling unit means the total enclosed area of all floors of a building

measured to the outside face of the structural members in exterior walls, but shall not include unenclosed porches,

balconies, or garages.

B. Second Dwelling Unit. The term “second dwelling unit” is defined in Section 18.02.040, Definitions. (Ord.

C-15-10 §1(Exh. A(part)), 2010: 1996 zoning code (part)).


A. Principally Permitted Use. Second dwelling units are permitted in the residential districts and shall conform

to the development standards set forth in Chapter 18.06, except as modified by Section 18.33.040.

B. Review of Second Dwelling Units. A second dwelling unit shall require an administrative coastal

development permit, administrative site and design permit, and a building permit. Such an administrative coastal

development permit shall be processed as a “local coastal development permit” per Chapter 18.20 and Section

18.33.040 except that the community development director is the approval authority for the administrative coastal

development permits and the approval and local appeal of administrative CDPs for second dwelling units shall not

be subject to a public hearing.

C. Variance. A variance shall be required for any second unit which does not meet the development standards

set forth in Chapter 18.06, as modified by this chapter, or which extend existing nonconforming conditions on the

site. (Ord. C-2015-04 §1(part), 2015; Ord. C-2014-10 §6(A), 2014; Ord. C-15-10 §1(Exh. A(part)), 2010).

18.33.040 Standards for new second dwelling units.

New second dwelling units shall be subject to the same requirements as any single-family dwelling located on the

same parcel in the same zoning district, including but not limited to the requirements of coastal development permits

and general zoning provisions with the following differences:

A. Existing Development on Lot. A single-family dwelling exists on the lot or will be constructed in

conjunction with the accessory unit.

B. Minimum Lot Area per Dwelling Unit. The minimum lot area per dwelling unit required by the applicable

district shall not apply, provided the minimum building site requirements shall be met.

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C. Construction Within or Above Existing Buildings or Detached Accessory Buildings. A second dwelling unit

may be constructed within or above an existing building or detached accessory building.

D. Occupancy. The property owner must occupy either the primary or secondary dwelling unit.

E. Required Off-Street Automobile Parking Spaces. A minimum of one off-street parking space for the second

dwelling unit, in addition to the spaces required for the primary residence, shall be provided. All off-street parking

spaces for the second dwelling unit may be uncovered but must be paved per the city’s parking ordinance, provided

exceptions for off-street parking requirements shall be subject to the granting of an exception approved in

accordance with this title. Off-street parking shall be permitted in setback areas or through tandem parking, unless

specific findings are made that parking in setback areas or tandem parking is not feasible based upon topographical

conditions, fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.

F. Maximum Unit Size. The floor area of the second dwelling unit shall not exceed seven hundred square feet.

G. Minimum Unit Size. The minimum floor area of the second dwelling unit shall be no less than one hundred

fifty square feet or the minimum required for an efficiency dwelling unit as defined in Section 17958.1 of the Health

and Safety Code, as may be amended from time to time.

H. Setbacks for Detached Second Dwelling Units. Detached second dwelling units shall have a minimum side

setback of five feet and minimum rear setback of ten feet. The distance between buildings on the same lot must be

a minimum of six feet. If any portion of a second dwelling unit is located in front of the main building, then the

front and side yard setbacks shall be the same as a single-family dwelling in the zoning district.

I. Setbacks for Attached Accessory Dwelling Units. Attached accessory dwelling units shall meet the same

setbacks as a main building in the zoning district.

J. Building Height and Stories.

1. A one story detached second dwelling unit shall be no more than thirteen feet in height.

2. A one and one-half to two story detached second dwelling shall be no more than twenty-two feet in

height measured to the roof peak.

3. An attached second dwelling unit may occupy a first or second story of a main residence if it is designed

as an integral part of the main residence and meets the setbacks and height requirements for the main residence.

K. Adequate Public Services and Infrastructure. Second dwelling units shall not be approved absent a finding of

adequate water supply and wastewater treatment capacity. The second dwelling unit can be accommodated with

the existing water service and existing sewer lateral, insofar as evidence is provided that the existing water service

and existing sewer lateral has adequate capacity to serve both the primary residence and second dwelling unit.

L. Adequate Emergency Access. The second dwelling unit shall have adequate emergency access, as

determined by the fire district.

M. Architectural and Site Design Standards. Architectural and design standards are limited to the following:

1. The design of the second dwelling unit shall relate to the design of the primary residence by use of the

similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch.

2. For second dwelling units located outside the standard side and rear yard setbacks for the district, the

entrance to the second dwelling unit shall face the interior of the lot unless the second dwelling unit is directly

accessible from an alley or a public street.

3. For second dwelling units attached to the main dwelling unit, new entrances and exits are allowed on the

side and rear of the structures only.

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4. Windows which face an adjoining residential property shall be designed to protect the privacy of

neighbors; alternatively, fencing or landscaping shall be required to provide screening.

5. The site plan shall provide open space and landscaping that are useful for both the second dwelling unit

and the primary residence. Landscaping shall provide for the privacy and screening of adjacent properties.

N. Conversion of Existing Residence. An existing residence, in conformance with the above regulations, may

be converted to a second dwelling unit in conjunction with development of a new primary dwelling unit.

O. Conformance with Certified LCP. All new second dwelling units shall conform to all applicable

requirements of the city of Half Moon Bay LCP/LUP, the zoning code and this chapter including that the proposed

second dwelling unit will not adversely impact any coastal resources including any of the following:

1. Environmentally sensitive habitat areas, or significant vegetation such as native trees, shrubs, riparian

areas, wetlands, riparian or wetland buffers or visually prominent trees as designated on the Habitat Areas and

Water Resources Overlay Map.

2. Significant topographic features, including but not limited to steep slopes, ridgelines or bluffs, water

courses, streams or wetlands or any areas as designated on the Geologic Hazards Map.

3. Significant public views including old downtown, scenic hillsides or ocean views from Highway 1 as

designated on the Visual Resources Overlay Map.

4. Areas of public access to the coastal trail or beach areas including those as designated on the Access

Improvements Map.

5. Archaeological resources.

6. Prime agricultural land or soil. (Ord. C-2014-10 §6(B), 2014; Ord. C-15-10 §1(Exh. A(part)), 2010:

1996 zoning code (part). Formerly 18.33.030).

18.33.050 Deed restrictions.

Before obtaining a building permit for a second dwelling unit the property owner shall file with the county recorder

a declaration of restrictions containing a reference to the deed under which the property was acquired by the present

owner and stating that:

A. The second dwelling unit shall not be sold separately.

B. The second dwelling unit is restricted to the approved size.

C. The second dwelling unit is a permitted use only so long as either the main residence or the second dwelling

unit is occupied by the owner of record as the principal residence.

D. The above declarations are binding upon any successor in ownership of the property; lack of compliance will

result in the second dwelling unit becoming an illegal, nonconforming use subject to the code enforcement and

abatement proceedings established by the city of Half Moon Bay Municipal Code.

E. The deed restrictions shall lapse upon removal of the second dwelling unit. (Ord. C-15-10 §1(Exh. A(part)),

2010).

18.33.060 Incentives.

The following incentives are to encourage construction of second dwelling units:

A. Affordability Requirements for Fee Deferral. Second dwelling units proposed to be rented at affordable

rents, as established by the city, may request deferral of building permit, plan check, and development impact fees,

subject to the sole discretion and approval of the city, until issuance of a certificate of occupancy.

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B. Parking. The covered parking requirement for the primary residence shall be limited to one covered parking

space and one uncovered parking space if a secondary dwelling unit is provided.

C. Front or Exterior Yard Parking. Two uncovered parking spaces, one for the primary residence and one for

the secondary dwelling unit, may be provided in the front or exterior yard setback under this incentive with the

parking design subject to approval of the community development director. The maximum impervious surfaces

devoted to the parking area shall be no greater than the existing driveway surfaces at time of application. Not more

than fifty percent of the front yard width shall be allowed to be parking area.

D. Tandem Parking. For a parcel with a permitted accessory dwelling unit, required parking spaces for the

primary residence and the accessory dwelling unit may be provided in tandem on a driveway. A tandem

arrangement consists of one car behind the other. No more than two total cars in tandem may be counted towards

meeting the parking requirement. (Ord. C-2015-04 §1(part), 2015; Ord. C-15-10 §1(Exh. A(part)), 2010).

18.33.070 Requirements to legalize existing second dwelling units.

Within three hundred sixty-five days of the effective date of this chapter for a specified zoning district(s), the owner

of each existing second dwelling unit constructed without required permits located in the specified zoning district(s),

may apply to the city to legalize such second dwelling unit. To qualify under this section, the second dwelling unit

must have been constructed prior to the effective date of the ordinance codified in this chapter.

A. Building Permit Application for Legalization. The building permit application for legalization of a second

dwelling unit shall be made by the record owner, or his authorized representative, in writing, and shall contain the

information set forth in this section, and any other information as may be required by the building official:

1. Name(s) and address(es) of the owner or owners and applicant;

2. A property description (lot and block number, assessor’s parcel number, street address);

3. A site plan showing streets, property lines (lot dimensions), setbacks, the location of the primary and

second dwelling units and all other structures, and the location of all vehicular parking and drives;

4. The floor area (square footage) of the second dwelling unit;

5. The floor plan and elevations of all buildings on the property;

6. Evidence of the date of establishment of the second dwelling unit, found acceptable by the community

development director;

7. The consent of the applicant to the physical inspection of the premises between the hours of eight-thirty

a.m. to five o’clock p.m., weekdays, upon reasonable notice prior to the legalization of the second dwelling

unit;

8. Appropriate fees shall be paid.

B. Required Findings for Certificate of Occupancy. A certificate of occupancy for the second dwelling unit

shall be issued; provided, the second dwelling unit meets the same requirements as a single-family dwelling located

on the same parcel in the same zoning district, including but not limited to the requirements of B districts and

general provisions with the following differences:

1. Minimum Lot Area per Dwelling Unit. The minimum lot area per dwelling unit required by the

applicable district shall not apply. The minimum building site requirements shall be met.

2. Minimum Yards Required. Reduction of the minimum yards required by the applicable district is

permitted for a second dwelling unit subject to the granting of an exception approved in accordance with this

title; provided, that the following findings are made:

a. The second dwelling unit will not significantly impact adjacent properties adversely; and

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b. The proposed second dwelling unit is approved by the Half Moon Bay fire protection district.

3. Required Off-Street Automobile Spaces. There shall be provided a minimum of one off-street parking

space for the second dwelling unit, in addition to the two covered spaces currently required for a one-family

dwelling. Off-street parking spaces for the second dwelling unit may be uncovered.

4. Modification of Off-Street Parking Requirements. Modification of the off-street parking requirements

are permitted, subject to the granting of an exception approved in accordance with this title:

a. To allow the required automobile spaces to encroach into the front yard when locating the parking

behind the front yard setback poses practical difficulties or unusual hardship; or

b. To reduce the number of parking spaces required when the granting of an exception in accordance

with subsection (B)(4)(a) of this section would result in significant portions of the front yard being paved

or landscaping removed.

5. Building Code Compliance. The building official has found the second dwelling unit to be in rentable

condition. A dwelling unit shall be deemed unrentable when it substantially lacks any of the following:

a. Effective waterproofing and weather protection of roof and exterior walls, and sound windows and

doors in particular;

b. Plumbing facilities which conformed to applicable law in effect at the time of installation,

maintained in good working order;

c. A water supply approved under applicable law, capable of producing hot and cold running water, or

a system which is under control of the landlord, or owner, which produces hot and cold running water,

furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable

law;

d. Heating facilities which conformed to applicable law at the time of installation, maintained in good

working order;

e. Sufficient electrical lighting, with wiring and electrical equipment which conformed to applicable

law at the time of installation and maintained in good working order;

f. Building, grounds and appurtenances, clean, sanitary and free in every part from all accumulation of

debris, filth, rubbish, garbage, rodent and vermin;

g. An adequate number of approved receptacles for garbage and rubbish, in clean condition and in

good repair;

h. Floors, required floor covering, stairway and railings maintained in good repair;

i. One-hour fire protection between attached units;

j. In addition, any other condition, as determined by the building official, to the extent that endangers

the life, limb, health, property, safety or welfare of the public or occupants must be corrected per accepted

standards.

6. Exception Procedures. Application for an exception to any development standards shall be made to the

planning commission and an exception may be issued under the same procedures as that specified in this title

for the granting of a variance, except that no public hearing be held thereon, and the findings need include only

that the second dwelling unit as proposed is as nearly in compliance with the requirements set forth in this

section as is reasonably possible.

7. Noncompliance with Requirements. Existing second dwelling units unable to meet requirements set

forth in this chapter shall constitute a nuisance, subject to abatement at the direction of the building official.

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8. Filing Fees. Architectural review applications and building permit applications for legalization of

second dwelling units shall be accompanied by the standard application and building permit fees as set by

resolution of the city council. (Ord. C-2015-04 §1(part), 2015; Ord. C-15-10 §1(Exh. A(part)), 2010: 1996

zoning code (part). Formerly 18.33.040).

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STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY EDMUND G BROWN, JR , GOVERNOR

CALIFORNIA COASTAL COMMISSION 45 FREMONT STREET, SUITE 2000 SAN FRANCISCO, CA 94105- 2219 VOICE (415) 904- 5200 FAX ( 415) 904- 5400 TDD (415) 597-5885

TO: Planning Directors of Coastal Cities and Counties FROM: John Ainsworth, Executive Director RE: New Accessory Dwelling Unit Legislation DATE: April 18, 2017 New State requirements regarding local government regulation of “accessory dwelling units” (ADUs) became effective on January 1, 2017. The Legislature amended Government Code section 65852.2 to modify the requirements that local governments may apply to ADUs, most notably with respect to parking. The Legislature further specified that local ADU ordinances enacted prior to 2017 that do not meet the requirements of the new legislation are null and void. (Gov. Code, § 65852.2, subd. (a)(4).) Significantly, however, the Legislature further directed that the statute shall not be interpreted to “supersede or in any way alter or lessen the effect or application of the California Coastal Act . . . except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.” (Gov. Code, § 65852.2, subd. (j).) The Legislature also enacted Government Code section 65852.22, which establishes streamlined review of “junior” ADUs in jurisdictions that adopt ordinances that meet certain specified criteria. Unlike Government Code section 65852.2, the junior ADU statute does not specifically address or refer to the Coastal Act.

The Coastal Act requires the Coastal Commission to encourage housing opportunities for low and moderate income households and calls for the concentration of development in existing developed areas. (Pub. Resources Code, §§ 30250, subd. (a); 30604, subd. (f).) The creation of new ADUs in existing residential areas is a promising strategy for increasing the supply of lower-cost housing in the coastal zone in a way that avoids significant adverse impacts on coastal resources.

Some local governments have requested guidance from the Coastal Commission regarding how to implement the ADU and junior ADU statutes in light of Coastal Act requirements. This memorandum is intended to provide general guidance for local governments with fully certified local coastal programs (LCPs). The Coastal Commission is generally responsible for Coastal Act review of ADUs in areas that are not subject to fully certified LCPs. Local governments that have questions about specific circumstances not addressed in this memorandum should contact the appropriate district office of the Coastal Commission.

1) Update Local Coastal Programs The Coastal Commission strongly recommends that local governments amend their LCPs to address the review of coastal development permit (CDP) applications for ADUs in light of the new

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ATTACHMENT 3A

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legislation. Currently certified provisions of LCPs, including specific LCP ADU sections currently in place, are not superseded by Government Code section 65852.2 and continue to apply to CDP applications for ADUs. Any conflicts between those LCP provisions and the new statutory requirements as they apply to local permits other than CDPs, however, may cause confusion that unnecessarily thwarts the Legislature’s goal of encouraging ADUs. Government Code section 65852.2 expressly allows local governments to adopt local ordinances that include criteria and standards to address a wide variety of concerns, including potential impacts to coastal resources, and thus the coastal resource context applicable to any particular local government jurisdictional area needs to be addressed in any proposed LCP ADU sections. Coastal Commission staff anticipates that LCP amendments to implement the ADU legislation will reconcile Coastal Act requirements with the ADU statutes, thus allowing accomplishment of the Legislature’s goals both with respect to coastal protection and encouragement of ADUs.

When evaluating what specific changes to make to an LCP, consider whether amendments to the land use plan component of the LCP are necessary in order to allow proposed changes to the implementation plan component. LCP amendments that involve purely procedural changes, that do not propose changes in land use, and/or that would have no impact on coastal resources may be eligible for streamlined review as minor or de minimis amendments. (Pub. Resources Code, § 30514, subd. (d); Cal. Code Regs., § 13554.)

2) Review of ADU Applications A) Check CDP History for the Site. The ADU statutes apply to residentially zoned lots that

currently have a legally established single-family dwelling. Determine whether a CDP was previously issued for development of the lot and whether that CDP limits, or requires a CDP or CDP amendment for, changes to the approved development or for future development or uses of the site. In such cases, previous CDP requirements must be understood in relation to the proposed ADU, and they may restrict the proposal. If an ADU application raises questions regarding a Coastal Commission CDP, including if an amendment to a CDP issued by the Coastal Commission may be necessary, instruct the applicant to contact the appropriate district office of the Coastal Commission.

B) Determine Whether the Proposed ADU Qualifies As Development. The Coastal Act’s permitting requirements apply to development performed or undertaken in the coastal zone. (Pub. Resources Code, § 30600, subd. (a).) Minor changes to an existing legally established residential structure that do not involve the removal or replacement of major structural components (e.g., roofs, exterior walls, foundations) and that do not change the size or the intensity of use of the structure do not qualify as development with the meaning of the Coastal Act. A junior ADU that complies with the requirements of an ordinance enacted pursuant to Government Code section 65852.22 generally will not constitute development because it will not change the building envelope and because it must contain at least one bedroom that was previously part of the primary residence. Such minor changes do not require a Coastal Act approval such as a CDP or waiver unless specified in a previously issued CDP for existing development on the lot. If questions arise regarding whether a

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proposed ADU qualifies as development, please contact the appropriate district office of the Coastal Commission.

C) If the Proposed ADU Qualifies As Development, Determine Whether It Is Exempt.

Improvements such as additions to existing single-family dwellings are generally exempt from Coastal Act permitting requirements except when they involve a risk of adverse environmental effects as specified in the Coastal Commission’s regulations. (Pub. Resources Code, § 30610, subd. (a); Cal. Code Regs., tit. 14, § 13250.) Improvements that qualify as exempt development under the Coastal Act and its implementing regulations do not require Coastal Act approval unless required pursuant to a previously issued CDP. (Cal. Code Regs., tit. 14, § 13250, subd. (b)(6).)

An improvement does not qualify as an exempt improvement if the improvement or the existing dwelling is located on a beach, in a wetland, seaward of the mean high tide line, in an environmentally sensitive habitat area, in an area designated as highly scenic in a certified land use plan, or within 50 feet of the edge of a coastal bluff. Improvements that involve significant alteration of land forms as specified in section 13250 of the Commission’s regulations also are not exempt. In addition, the expansion or construction of water wells or septic systems are not exempt. Finally, improvements to structures located between the first public road and the sea or within 300 feet of a beach or the mean high tide line are not exempt if they either increase the interior floor area by 10 percent or more or increase the height by more than 10 percent. (Cal. Code Regs., tit. 14, § 13250, subd. (b).) To qualify as an exempt improvement to a single-family dwelling, an ADU must be contained within or directly attached to the existing single-family structure. “[S]elf-contained residential units,” i.e., detached residential units, do not qualify as part of a single-family residential structure and construction of or improvements to them are therefore not exempt development. (Cal. Code Regs., tit. 14, § 13250, subd. (a)(2).) Again, if questions arise regarding CDP exemption requirements, please contact the appropriate district office of the Coastal Commission.

D) If the Proposed ADU Is Not Exempt From CDP Requirements, Determine Whether A

CDP Waiver is Appropriate. If a proposed ADU qualifies as an improvement to a single-family dwelling but is not exempt, a local government may waive the requirement for a CDP if the LCP includes a waiver provision and the proposed ADU meets the criteria for a CDP waiver. Such provisions generally allow a waiver if the local government finds that the impact of the ADU on coastal resources or coastal access would be insignificant. (See Cal. Code Regs., tit. 14, § 13250, subd. (c).) In addition, they generally allow a waiver if the proposed ADU is a detached structure and the local government determines that the ADU involves no potential for any adverse effect on coastal resources and that it will be consistent with the Chapter 3 policies of the Coastal Act. (See Pub. Resources Code, § 30624.7.) Some LCPs do not provide for waivers, but may allow similar expedited approval procedures. Those other expedited approval procedures may apply. If an LCP does not include provisions

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regarding CDP waivers or other similar expedited approvals, the local government may submit an LCP amendment to authorize those procedures.

E) If a Waiver Would Not Be Appropriate, Review CDP Application for Consistency With

Certified LCP Requirements. If a proposed ADU constitutes development, is not exempt, and is not subject to a waiver or similar expedited Coastal Act approval authorized in the certified LCP, it requires a CDP. The CDP must be consistent with the requirements of the certified LCP and, where applicable, the public access and recreation policies of the Coastal Act, except that no local public hearing is required. (Gov. Code, § 65852.2, subd. (j).) Provide the required public notice for any CDP applications for ADUs, and process the CDP application according to LCP requirements. Once a final decision on the CDP application has been taken, send the required final local action notice to the appropriate district office of the Coastal Commission. (Cal. Code Regs., tit. 14, §§ 13565-13573.) If the ADU qualifies as appealable development, a local government action to approve a CDP for the ADU may be appealed to the Coastal Commission. (Pub. Resources Code, § 30603.)

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STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR

CALIFORNIA COASTAL COMMISSION 45 FREMONT, SUITE 2000 SAN FRANCISCO, CA 94105- 2219 VOICE (415) 904- 5200 FAX ( 415) 904- 5400 TDD (415) 597-5885

TO: Planning Directors of Coastal Cities and Counties

FROM: John Ainsworth, Executive Director

RE: Implementation of New Accessory Dwelling Unit Law

DATE: November 20, 2017

On April 18, 2017, we circulated a memo intended to help local governments interpret and implement new state requirements regarding regulation of “accessory dwelling units” (ADUs) in the coastal zone. Following the enactment of AB 2299 (Bloom) and SB 1069 (Wiekowski), changes to Government Code 65852.2 now impose specific requirements on how local governments can and cannot regulate ADUs, with the goal of increasing statewide availability of smaller, more affordable housing units. Our earlier memo was intended to help coastal jurisdictions and members of the public understand how to harmonize the new ADU requirements with LCP and Coastal Act policies. This memo is meant to provide further clarification and reduce confusion about whether and how to amend LCPs in response to these changes.

Although Government Code Section 65852.2(j) states that it does not supersede or lessen the application of the Coastal Act, it would be a mistake for local governments with certified LCPs to interpret this as a signal that they can simply disregard the new law in the coastal zone. The Commission interprets the effect of subdivision (j) as preserving the authority of local governments to protect coastal resources when regulating ADUs in the coastal zone, while also complying with the standards in Section 65852.2 to the greatest extent feasible. In other words, ADU applications that are consistent with the standards in Section 65852.2 should be approved administratively, provided they are also consistent with Chapter 3 of the Coastal Act as implemented in the LCP. Where LCP policies and ordinances are already flexible enough to implement the provisions of Section 65852.2 directly, local governments should do so. Where LCP policies directly conflict with the new provisions or require refinement, those LCPs should be updated to be consistent with the new ADU statute to the greatest extent feasible while still complying with Coastal Act requirements.

Bear in mind that Section 65852.2 still preserves a meaningful level of local control by authorizing local governments to craft policies that address local realities. It allows local governments to designate areas where ADUs are allowed based on criteria such as the adequacy of public services and public safety considerations. It also explicitly allows local governments to adopt ordinances that impose certain standards, including but not limited to standards regarding height, setbacks, lot coverage, zoning density, and maximum floor area. In the coastal zone, local governments can incorporate such standards in LCP policies in order to protect Chapter 3 resources while still streamlining approval of ADUs.

Therefore, the Commission reiterates its previous recommendation that local governments amend their LCPs accordingly, using Section 65852.2 as a blueprint for crafting objective 59

https://documents.coastal.ca.gov/assets/rflg/CCC_guidance_memo_re_ADUs.pdf

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standards related to design, floor area, parking requirements and processing procedures for ADUs in a manner that protects wetlands, sensitive habitat, public access, scenic views of the coast, productive agricultural soils, and the safety of new ADUs and their occupants. Depending on the individual LCP, such amendments might include:

• Updating the definition of an ADU (variously referred to in existing LCPs as second units, granny units, etc.)

• Implementing an administrative review process for ADUs that includes sufficient safeguards for coastal resources

• Re-evaluating the minimum and maximum ADU floor area and related design standards • Specifying that ADUs shall not be required to install new or separate utility connections • For ADUs contained within existing residences or accessory structures, eliminating local

connection fees or capacity charges for utilities, water and sewer services. • Providing for ministerial approval of Junior Accessory Dwelling Units (JADUs) • Clarifying that no more than one additional parking space per bedroom is required • Eliminating off-street parking requirements for ADUs located within a ½ mile of public

transit, an architecturally significant historic district, an existing primary residence or accessory structure, one block of a car share vehicle, or where on-street parking permits are required but not offered to the occupant of an ADU

This is just a partial list, as specific changes will depend on existing LCP policies as well as unique local resource constraints. See our earlier memo for additional recommendations.

We are currently conducting a survey to identify the number of local governments which have already initiated the amendment process. For those that have not, Commission staff strongly urges those jurisdictions to do so in the very near future.

To expedite the process, the Commission will process ADU-specific LCPAs as minor or de minimis amendments whenever possible. We realize that procedural requirements for public review and participation can be time consuming, and will strive to complete the Commission’s review process expeditiously. In the interim, we urge local governments to consider which provisions of Section 65852.2 might be implemented administratively, through existing procedures, definitions, or variances. Because each LCP is distinct and unique to its particular jurisdiction, some are inherently more flexible than others. We strongly suggest applying any existing discretion in a manner that conforms to Section 65852.2 as well as your LCP.

We acknowledge that because of the nature of our state/local partnership the Commission cannot compel local governments to undertake these amendments. The foregoing advice is offered in the spirit of our mutual goals and responsibilities of preserving both Coastal Act objectives and local control of planning and permitting decisions. We are grateful that the Legislature elected to preserve the integrity of the Coastal Act when it passed these bills. We are also mindful that this did not reflect any intent to discourage ADUs in the coastal zone, but rather to ensure that new ADU incentives are implemented in a way that does not harm coastal resources. In order to maintain the Legislature’s continued support for this approach, and avoid the imposition of unilateral coastal standards for ADUs in the future, it is essential to demonstrate that these housing policies can and will be responsibly implemented in the coastal zone.

My staff and I remain ready and available to assist in this effort.

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22.5.1

CHAPTER 22.5. SECOND UNITS

SECTION 6425. PURPOSE. Second units are a residential use that provide an important source of housing. The purpose of this Chapter is to:

1. Increase the supply and diversity of the County’s housing stock, inparticular the number of smaller and more affordable units, by allowingsecond units to be built on existing residential properties, while preservingthe neighborhood character.

2. Increase the housing stock of existing neighborhoods in a manner that hasless impact on the environment than development of housing inundeveloped areas.

3. Allow more efficient use of existing residential areas and supportinginfrastructure.

4. Provide a means for residents to remain in their homes andneighborhoods.

5. Provide opportunities for homeowners to earn supplemental income fromrenting a second unit.

6. Establish standards for second units to ensure that they are safe,habitable, and compatible with existing development.

SECTION 6426. DEFINITIONS.

1. Primary Residence. A “primary residence” is the main residence located orproposed to be located on the parcel on which a second unit is located orproposed to be located.

2. Second Unit. A “second unit” is a dwelling unit located or proposed tobe located on a lot which contains, or will contain, a primary residence.Second units may be detached from or attached to the primary residenceon the property. Second units may also be (1) efficiency units, asdefined in Section 17958.1 of the California Health & Safety Code, or(2) manufactured homes, as defined in Section 18007 of the CaliforniaHealth & Safety Code. Second units are “accessory dwelling units” as thatterm is used in Government Code Section 65852.2. Second units are not“accessory buildings” as defined in Section 6102.19. Any secondarystructure that provides independent facilities for living, sleeping, eating,cooking, and sanitation shall be considered a second unit, unless anapplicant can provide compelling evidence to the contrary, to thesatisfaction of the Community Development Director.

San Mateo County Zoning Ordinance ATTACHMENT 4

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3. Detached Second Unit. A “detached second unit” is a unit that is an independent structure, entirely separated from the structure of the primary residence.

4. Attached Second Unit. An “attached second unit” is a unit that is built as

an addition to, extension of, or within the primary residence. 5. Floor Area. For purposes of this Chapter, the “floor area” of a primary

residence or second unit is the area of each floor level included within the walls enclosing each dwelling unit. The floor area shall be measured from the outside face of the walls enclosing each dwelling unit including all closet space and storage areas contained within the unit, including habitable basements and attics, but shall not include unenclosed porches, balconies, or enclosed garages or carports.

SECTION 6427. LOCATIONS PERMITTED. Second units shall be allowed in

the R-1, R-2, R-E, RH, RM and TPZ Districts outside the Coastal Zone and in the R-1 District within the Coastal Zone.

SECTION 6428. APPROVAL. Second units meeting all of the requirements of

Section 6429 shall be approved ministerially, without public notice, public hearing, or discretionary review.

Second units not meeting the standards set forth in Section 6429 will be con-

sidered a conditionally permitted use within the districts specified in Section 6427 and may be permitted by a conditional use permit pursuant to a public hearing before the Zoning Hearing Officer, as described in Section 6431.

SECTION 6429. DEVELOPMENT STANDARDS FOR NEW SECOND UNITS.

New second units shall be subject to the same requirements as any dwelling unit located on the same parcel in the same district, including but not limited to the requirements of Chapters 20 and 22 of the Zoning Regulations, with the following exceptions:

1. Minimum Lot Area. Second units shall be exempt from the minimum lot

area per dwelling unit provisions in the applicable district. 2. Maximum Density of Development. Second units shall be exempt from any

and all provisions limiting the maximum density of development in the applicable district.

3. Setbacks. Notwithstanding the required setbacks in the applicable district,

minimum setbacks for second units shall be:


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22.5.3

a. Detached Second Units of Sixteen (16) Feet or Less in Height. Side Setback: Five (5) Feet Rear Setback: Five (5) Feet

b. Detached Second Units Greater Than Sixteen (16) Feet in Height.

Side Setback: Five (5) Feet Rear Setback: Ten (10) Feet

c. Setbacks Between Attached Second Units and Property Lines.

Attached second units shall be subject to the same setback requirements as a primary residence in the same district, except as described in 6429.14, below. Second units constructed entirely within an existing garage shall not be subject to setback requirements. Second units constructed above an existing garage, regardless of height, will be subject to the setbacks in 6429.3(a).

d. Setbacks Between Detached Second Units and Property Lines. The

setbacks required between a detached second unit and any property lines shall be as specified in this Chapter. If different setbacks to property lines are required by any other section of the Zoning Regulations, those requirements shall be disregarded, and the standards of this Chapter shall govern.

e. Detached Second Units in Front Of Primary Residence. If any portion

of a second unit is located in front of the primary residence, then the front and side setbacks applicable to the second unit shall be those required of a primary residence in the same zoning district.

f. Distance Between Detached Second Units and Other Buildings. The

distance required between a detached second unit and any other building on the same parcel must be a minimum of five (5) feet, measured from foundation to foundation. If a separation distance greater than five (5) feet is required by any other section of the Zoning Regulations, it shall be disregarded, and the standards of this Chapter shall govern.

4. Floor Area. The floor area of a detached second unit shall not exceed

seven hundred fifty (750) square feet or thirty-five percent (35%) of the floor area of the existing or proposed primary residence, whichever is larger, up to a maximum of one thousand two hundred (1,200) square feet. The floor area of an attached second unit shall not exceed seven hundred fifty (750) square feet or fifty percent (50%) of the floor area of the existing or proposed primary residence, whichever is larger, up to a maximum of one thousand two hundred (1,200) square feet. The floor area of a second unit shall count against the total floor area allowed on a parcel, such that


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22.5.4

the total floor area of the second unit and the primary residence shall not exceed the maximum floor area allowed within the zoning district.

5. Height. The maximum height of the second unit shall be twenty-six (26)

feet. Building height shall be measured as the vertical distance from any point on the lower of (a) finished grade, or (b) natural grade, to the topmost point of the building immediately above. Chimneys, pipes, mechanical equipment, antennae, and other similar structures may extend up to eight (8) feet beyond the building height, as required for safety or efficient operation. Second units built entirely within an existing building shall be subject to the height limit applicable to that building in the relevant district.

6. Balconies and Decks. Second units that do not meet the setback

requirements that would apply to a primary residence in the same district shall have no rooftop decks, and no portion of any balcony or deck shall be located above ten (10) feet in height, measured in the same manner as height in Section 6429.5 except on the side of the second unit facing the primary residence. Second units that meet the setback requirements that would apply to a primary residence in the same district may have rooftop decks and balconies to the extent otherwise allowed in the relevant district.

7. Windows. Second units that do not meet the setback requirements that

would apply to a primary residence in the same district shall have no windows located above or extending above ten (10) feet on the second unit except on (1) the side(s) of the second unit facing the primary residence, and (2) the side(s) of the second unit that comply with the normal setback requirements of the district. On the sides of the second unit that do not meet the normal setback requirements of the district, clerestory windows located above ten (10) feet on the second unit shall be allowed, if they have a lower sill height of no less than seven (7) feet from the nearest interior floor of the second unit, and a total window height no greater than twenty-four (24) inches. Skylights shall be allowed.

8. Ingress and Egress. Second units shall have an independently accessible

entrance that does not require passage through the primary residence. For second units attached to the primary residence, any new entrances and exits shall face the side and rear of the parcel only.

9. Parking. Second units meeting any of the following criteria shall not be

required to provide any parking in addition to that already provided on the parcel, or in the case of a concurrent application for a new primary and second dwelling unit, that required for the primary unit only:

a. Second units located within one-half (1/2) mile of a public transit stop

or station.


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22.5.5

b. Second units located within a designated architecturally and historically significant historic district.

c. Second units that are part of the existing primary residence or an

existing accessory structure. d. Second units located within one (1) block of a car share vehicle

pick-up/drop-off location. For all other second units, the following parking standards shall apply: One (1) new parking space, in addition to those already existing on the

parcel, shall be provided on-site for each studio, one bedroom, and two bedroom second unit. Two (2) new parking spaces shall be provided on-site for each second unit with three or more bedrooms.

If the parking already existing on the parcel exceeds that required for

existing development on the parcel, excess parking spaces shall be counted against the new parking required for the second unit. Parking spaces shall be provided in the following manner:

a. Pervious Surfaces. All new parking spaces created for the second

unit must be provided on pervious surfaces. The maximum amount of impervious surfaces designated to satisfy the second unit parking requirement shall be no greater than the amount of impervious surfaces existing at time of application.

b. Uncovered Parking. All parking required for the second unit may be

uncovered. c. Front or Side Yard Parking. Two (2) parking spaces may be provided

in the front or side yard. Not more than 600 square feet of the front yard area shall be used for parking.

d. Tandem Parking. Required parking spaces for the primary residence

and the second unit may be provided in tandem on a driveway. A tandem parking arrangement consists of one car behind the other. No more than three total cars in tandem may be counted toward meeting the parking requirement.

e. Compact Spaces. All parking required for the second unit may be

provided by compact parking spaces, as defined in Section 6118.a. f. Parking Exceptions. If the required parking for a second unit cannot

be met in accordance with this Section, an application may be submitted for a parking exception, as specified in Section 6120.


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22.5.6

10. Design Review. Second units shall not be subject to design review, except

to the extent that they are located in the County’s Coastal Zone, and are subject to design review requirements incorporated in the County’s Local Coastal Program.

11. Concurrent Application for Development of Primary Residence and Second

Unit. In the case of a concurrent application for development of a new primary residence and new second unit on the same parcel, whichever unit is first issued a certificate of occupancy must conform to all applicable regulations for the primary residence in the relevant district.

12. Conversion of Existing Residence. An existing residence may be

converted to a second unit in conjunction with development of a new primary residence, if the existing residence, once converted, will meet all the standards applicable to development of a new second unit described in this Chapter.

13. Conversion of Accessory Building. A second unit may be constructed

within or above an existing, detached accessory building provided the resulting unit conforms to all applicable provisions of this Chapter.

14. Creation of Second Unit Entirely Within a Non-Conforming Primary

Residence. In the case of an existing primary residence that does not conform to one or more zoning regulations, creation of a second unit that will be entirely within the existing primary residence shall not, in itself, create a requirement that the nonconformities be rectified. However, no other provisions that may require rectification of existing nonconformities are waived merely due to approval of a second unit, unless specifically described in this Chapter.

SECTION 6430. DEVELOPMENT STANDARDS FOR EXISTING SECOND

DWELLING UNITS.

1. Building permits may be issued for existing second units which were constructed without required permits, under the following conditions:

a. The second unit conforms to all applicable provisions of this Chapter,

and all other applicable required standards for habitability. b. All applicable fees for construction completed without permits have

been paid. Second units constructed without permits that do not meet the provisions

of this Section may apply for a conditional use permit, as described in Section 6431.


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22.5.7

SECTION 6431. REQUIREMENTS FOR CONDITIONALLY PERMITTED

SECOND UNITS. Second units not meeting all applicable standards of this Chapter may be

conditionally permitted, subject to a conditional use permit. The process for application for and issuance of a conditional use permit for a second unit shall be that set forth in Section 6503 of the County Zoning Regulations, except that the granting of the permit shall be at the determination of the Zoning Hearing Officer. The determination of the Zoning Hearing Officer shall be appealable to the County Planning Commission, as specified in Chapter 30 of the Zoning Regulations. Second units requiring a conditional use permit which are within the CD District shall require a Coastal Development Permit that is appealable to the Coastal Commission.

In the case of second units meeting all applicable standards of this Chapter

except those related to parking requirements, a parking exception may be requested as provided in Section 6429.9(f), and a conditional use permit shall not be required.

SECTION 6432. COASTAL DEVELOPMENT DISTRICT. In the CD District, all second units shall comply with all of the applicable

regulations of the district, including but not limited to the Sensitive Habitats, Visual Resources, and Hazards policies of the Local Coastal Program. Nothing in this Chapter shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act, the San Mateo County Local Coastal Program, or the CD District regulations, except that no public hearing shall be required for second units that meet all relevant standards of this Chapter, and approval of such second unit applications shall be made at the staff level. Second units shall count toward the total residential development quotas described in Section 1.23 of the County’s Local Coastal Program.

SECTION 6433. DECISIONS. Applications for second units, except for those requiring a conditional use permit

as specified in Section 6431, shall be approved or denied ministerially, on the basis of the objective criteria included in this Chapter and other applicable regulations as defined in Section 6434. Consideration of other permits associated with development of the proposed second unit only, that might otherwise be discretionary, including but not limited to Tree Removal, Coastal Development, Resource Management, Use Permits and Variances, shall also be ministerial, except as provided in Section 6431. No public notice or public hearing shall be required for review and approval or denial of a second unit, unless an applicant requests exceptions to the standards set forth in this Chapter.


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22.5.8

SECTION 6433. APPEALS. Decisions to approve or deny an application for a second unit that meets all

relevant standards set forth in this Chapter are not subject to appeal, except if located in the Coastal Commission appeals area of the CD District, in which case the decision may be appealed as provided in the CD District Regulations, Section 6328.3(s).

SECTION 6434. APPLICABILITY OF COUNTY REGULATIONS. With the exception of specific standards and exemptions described in this

Chapter, all second units must comply with all applicable provisions in the San Mateo County Ordinance Code, including the Zoning Regulations (Section 6100 et seq.) and the Building Code (Section 9000 et seq.).

(Chapter 22.5 - Added by Ordinance No. 2876 - January 24, 1984) (Section 6427 - Amended by Ordinance No. 3039 - June 18, 1985) (Section 6427 - Amended by Ordinance No. 3057 - March 4, 1986) (Section 6427.5 - Repealed by Ordinance No. 3039 - June 18, 1985) (Section 6428 - Amended by Ordinance No. 3039 - June 18, 1985) (Section 6428.2 - Amended by Ordinance No. 3537 - January 25, 1994) (Section 6428.5 - Added by Ordinance No. 3039 - June 18, 1985) (Section 6429 - Amended by Ordinance No. 3057 - March 4, 1986) (Sections 6425 - 6434 repealed and replaced in their entirety by Ordinance No. 04768 - January 10, 2017)


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PLANNING COMMISSION CITY OF HALF MOON …...STAFF REPORT - Draft Ordinance Regulating Accessory Dwelling Units - 04.24.2018 ATTACHMENT 1 - Draft ADU Ordinance ATTACHMENT 2 - Previous

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