HomeMy WebLinkAbout06. Impacts of Recent Legislative Changes regarding Accessory Dwelling UnitsIMPACTS OF
SECOND LIVING UNIT CHANGES
Danea Gemmell
Planning & Development Services
Division Manager
October 24, 2016
II I
#00t.
RECENT LEGISLATION
• AB 2406 "Junior Accessory Dwelling Unit"
Signed 9/28/16
Effective Immediately
• SB 1069 "Accessory Dwelling Unit"
Signed 9/27/16
Iii‘:B1069
ffective 1/1/17
299 "Accessory Dwelling Unit"
Clean-up Bill
igned 9/27/16
ffective 1/1/17
1
10/31/2016
CURRENT DEFINITION OF
SECOND LIVING UNIT
• Physically separated by a wall or door from other
residential units on the parcel
• Includes the following:
o Bathroom
o Kitchen
Multipurpose or bedroom area
o Exterior entrance
DEFINITION OF
ACCESSORY DWELLING UNIT1
• Attached or detached residential dwelling unit which provides
independent living facilities for one or more persons.
• On the same parcel as the single-family dwelling, permanent
provisions for an ADU must include accommodations for:
Living
Sleeping
o Eating
O Cooking
O Sanitation
1 SB 1069/AB 2299 signed by Governor on September 27, 2016 and is effective January 1, 2017
CURRENT FEES AND CHARGES
RUE
Capacity Fees
Annual Sewer
Service Charge
Single Family Residence
Town Homes
Second Residential Unit
Condominium
Multi -Family (Apartment)
Mobile Homes
1.0
1.0
. 847
. 847
. 847
.847
$5948
$5948
$5038
$5038
$5038
$5038
$503
$503
$487
$487
$487
$487
RECENT LEGISLATION REQUIRES CHANGES
Maximum
Area
Capacity Fees
Annual Sewer
Service Charge
Single Family Residence (Existing) No Limit
Second Residential Unit (Existing) No Limit
Junior Accessory Dwelling Units' S00 sf
Attached Accessory Dwelling Units within existing 1200 sf
space
Detached Accessory Dwelling Unit within existing 1200 sf
Accessory Structure2
Attached Accessory Dwelling Units' 1200 sf Proportional $487
(New Construction outside of existing space) based on 1200 sf
Area
Detached Accessory Dwelling Units2 1200 sf Proportional $487
(New Construction) based on 1200 sf
Area
Non -Conforming Accessory Dwelling Units' > 1200 sf 55038 $503
(New Construction or Conversion after Jan. 1, 2017)
55948
$5038
$503
5487
$487
$487
1 AB 2406 signed by Governor on September 28, 2016 and immediately effective
2 SB 1069/AB 2299 signed by Governor on September 27, 2016 and effective January 1, 2017
3 Proposed District Code Change
10/31/2016
3
Junior Accessory
Dwelling Unit
Attached
Accessory Dwelling
Unit
WITHIN existing space
Detached
Accessory Dwelling
Unit
WITHIN existing
accessory structure
Attached
Accessory Dwelling
Unit
NOT WITHIN existing
space
Detached
Accessory Dwelling
Unit
NOT WITHIN existing
accessory structure
Greater than 1,200 SF
Pkccessoly Dwelling Units and Junior Accessory Dwelling Units
600 SF max
uxesceisting
beti ru rn
•
eftxxi tot, h
1.200 SF
not mere than
50%
51 111151 area
1 210 SF
• 1 200 SF max
. net nIere than
5021 o11u1 at.
No Capacity Fee
No Annual Sewer Service Charge
No Capacity Fee
Pays Annual Sewer Service Charge
No Capacity Fee
Pays Annual Sewer Service Charge
Pays Proportionate Capacity Fee
Pays Annual Sewer Service Charge
Pays Proportionate Capacity Fee
Pays Annual Sewer Service Charge
Pays Multi -family Capacity Fee
Pays Annual Sewer Service Charge
DISTRICT CODE CHANGES
TO CONFORM WITH LEGISLATION
• Junior Accessory Dwelling Unit is exempt
from Capacity Fees and Sewer Service Fees
• ADU less than 1200 square feet within
existing footprints are exempt from Capacity
Fees
• New construction of ADU less than 1200
square feet pays proportionate Capacity Fees
i.e. 600 sf equals 50% of Multi -Family Capacity
Fee ($5038) or $2519
10/31/2016
4
NEW DISTRICT CODE CHANGES
• Provide that Non -Conforming Accessory
Dwelling Units (with greater than 1200 square
feet) to be charged the same as a Multi -
Family Residence for both Capacity Fees and
Annual Sewer Charge
• Clarify that conversion of accessory
structures with greater than 1200 square feet
must be built prior to Jan. 1, 2017 to qualify
for exemption of Capacity Fees defined by
AB 2299
FUTURE CODE ENFORCEMENT
• ADU's less than 1200 square feet that are
discovered after Jan. 1, 2017 shall be
added to annual sewer service roll and
considered paid in full for Capacity Fees
• Jumbo ADU's greater than 1200 square
feet that are discovered shall be added to
annual sewer service roll and pay the
$5038 Capacity Fees
10/31/2016
5
QUESTIONS, COMMENTS,
DlscussloN
10/31/2016
6