HomeMy WebLinkAbout08.d. PowerPoint Presentation re impacts of second living unit changesIMPACTS OF
SECOND LIVING UNIT CHANGES
Danea Gemmell
Planning & Development Services
Division Manager
December 15, 2016
RECENT LEGISLATION
• AB 2406 "Junior Accessory Dwelling Unit"
• Signed 9/28/16
• Effective Immediately
• SB 1069 "Accessory Dwelling Unit"
• Signed 9/27/16
• Effective 1/1/17
• AB 2299 "Accessory Dwelling Unit"
• SB 1069 Clean-up Bill
• Signed 9/27/16
• Effective 1/1/17
ATTACHMENT 3
1
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
o Multipurpose or bedroom area
o Exterior entrance
• Square footage is not a factor in determination of a
second living unit
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:
o Living
o Sleeping
o Eating
o Cooking
o Sanitation
' SB 1069/AB 2299 signed by Governor on September 27, 2016 and is effective January 1, 2017
12/08/16
2
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
$5,948
$5,948
$5,038
$5,038
$5,038
$5,038
$503
$503
$487
$487
$487
$487
RECENT LEGISLATION REQUIRES CHANGES
Maximum Area
Square Feet (SF)
Capacity Fees
Annual Sewer
Service Charge
Single Family Residence (Existing) No Limit
Second Residential Unit (Existing) No Limit
Junior Accessory Dwelling Units' 500 SF
Attached Accessory Dwelling Units within existing 1,200 SF
space'
Detached Accessory Dwelling Unit within existing
Accessory Structure'
1,200 SF
55,948
55,038
Attached Accessory Dwelling Units' 1,200 SF Proportional
(New Construction outside of existing space) based on 1,200
SF Area
Detached Accessory Dwelling Units'
(New Construction)
1,200 SF
Proportional
based on 1,200
SF Area
5503
$487
$487
$487
5487
$487
Non -Conforming Accessory Dwelling Units3 > 1,200 SF 55,038 $503
(New Construction or Conversion after Jan. 1,
2017)
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
'Proposed District Code Change
12/08/16
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
b.ccessory Dwelling Units and Junior Accessory DweIIng Units
No Capacity Fee
No Annual Sewer Service Charge
12/08/16
No Capacity Fee
Pays Annual Server Service Charge
No Capacity Fee
Pays Annual Sewer Service Charge
Pays Proportionate Capacity Fee
5•P!, ia a. -a
1 2v^ `iF ^3,
Pays Annual Sewer Service Charge
Pays Proportionate Capacity Fee
Pays Annual Sewer Service Charge
Pays Mult-famiy Capacity Fee
Pays Annual Sewer Service Charm
MANY DIFFERENT WAYS TO INTERPRET
PROPORTIONATE BURDEN
1. Compare ADU to existing Single Family
Residence based on either:
Size (Square Footage)
Number of Plumbing Fixtures
2. Use 1,200 SF as basis of proportionality
for ADU construction
600 SF equals 50% of Multi -Family Capacity
Fee ($5,038) or $2,519
4
ALTERNATIVES FOR CONSIDERATION
1. Take no action until the legislation
applies to special districts.
2. Develop an Interim Program with fee
deferral and property agreement.
3. Amend District Code.
4. Provide other direction as appropriate.
INTERIM PROGRAM
• One-year program to allow clean up
legislation to be drafted.
• No fees will be collected for ADUs that
would be exempt.
• Reduced fees will be collected for eligible
projects under 1,200 SF based on staff
understanding of proportionate burden.
12/08/16
5
INTERIM PROGRAM
• Property Agreement could be recorded
against the property.
• After legislation has been revised:
Central San would refund any excess
Capacity Fees that were paid, or
Property owners would be billed for any
balance owed and unpaid fees then declared
delinquent and placed on the property tax bill.
DISTRICT CODE CHANGES
• Update definitions of Accessory Dwelling
Unit (ADU)
• Junior ADU is exempt from Capacity Fees
and Sewer Service Fees
• ADU Tess than 1,200 SF within existing
footprints are exempt from Capacity Fees
12/08/16
6
DISTRICT CODE CHANGES
• New construction of ADU Tess than 1,200
SF pays proportionate Capacity Fees
• Non -Conforming ADUs (with greater than
1,200 SF) to be charged the same as a
Multi -Family Residence for both Capacity
Fees and Annual Sewer Charge
POLICY ITEMS
• Retroactivity of legislation (refunds for
recent permits)
• Collection of fees for prior illegal second
unit connections
• Interpretation of "Existing structure"
Constructed prior to January 1, 2017
Any future structure could be converted and
have fees waived
12/08/16
7
BOARD RECOMMENDATION IS REQUESTED
1. Develop an Interim Program with fee
deferral provisions and property
agreement, or
2. Amend District Code, or
3. Provide other direction as appropriate, or
4. Take no action until the legislation
applies to special districts.
QUESTIONS
1 2/09/1 6
8