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Home My WebLink About10. Receive overview on Accessory Dwelling Units (ADU) and consider relevance or use of deed restrictions that may be used Page 1 of 11 Item 10. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT July 1, 2021 TO: HONORABLE BOARD OF DIRECTORS FROM: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER REVIEWED BY: JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES ROGER S. BAILEY, GENERAL MANAGER SUBJECT: RECEIVE OVERVIEW ON ACCESSORY DWELLING UNITS (ADUS) INCLUDING 2020 LEGISLATION PROTOCOL; CONSIDER THE RELEVANCE OF DEED RESTRICTIONS PLACED UPON A PROPERTY FOR ADU DETERMINATION AND PROVIDE DIRECTION TO STAFF AS APPLICABLE The attached presentation will be presented to the Board to provide an overview on the recent trend of constructing ADUs to provide affordable housing. Strategic Plan Tie-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service ATTACHMENTS: 1. Presentation July 1, 2021 Regular Board Meeting Agenda Packet- Page 135 of 231 Page 2 of 11 off, ACCESSORY DWELLING UNIT (ADU) OVERVIEW Board Meeting July 1, 2021 Danea Gemmell Planning and Development Services Division Manager 1 ADU LAWS WENT INTO EFFECT JANUARY 1, 2020 DESIGNED TO CREATE MORE HOUSING UNITS AND STREAMLINE THE APPROVAL PROCESS Government Code 65852.150: (a) The Legislature finds and declares all of the following: (1)Accessory dwelling units are a valuable form of housing in California. (2)Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. (3)Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security. (4)Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California. (5) California faces a severe housing crisis... CENTRALSAN 2 1 July 1, 2021 Regular Board Meeting Agenda Packet- Page 136 of 231 Page 3 of 11 ACCESSORY DWELLINGS OFFER ONE SOLUTION TO THE AFFORDABLE HOUSING PROBLEM PER WASHINGTON POST ARTICLE JANUARY 7,2021 "In California, legislative changes helped pave the way for an 11-fold increase in ADU E ' permits between y 2016 and 2019." "The numbers could prove to be even higher in 2020 thanks to another round of new California laws aimed at further promoting ADU construction." 3 3 AN ADU IS AN ACCESSORY DWELLING UNIT WITH COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS AND HAS A FEW VARIATIONS: ❖ Junior Accessory Dwelling Unit:A specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence. ❖ Converted Existing Space: Space (e.g., master bedroom, attached garage, storage area, or similar use, or an accessory structure)on the lot of the primary residence that is converted into an independent living unit. ❖ Detached: The unit is separated from the primary structure. ❖ Attached: The unit is attached to the primary structure. 4 CENTRAL SAN 4 2 July 1, 2021 Regular Board Meeting Agenda Packet- Page 137 of 231 Page 4 of 11 DEFINITIONS OF KITCHENS HAVE TYPICALLY BEEN A SOURCE OF DEBATE WITH APPLICANTS ON ADU DETERMINATION ❖ An "efficiency unit,"as defined under the Section 17958.1 of the Health & Safety Code. Efficiency units must have: a) living area of at least 150 square feet, b) which may also have partial kitchen or bathroom facilities. Microwaves, ' cooktops, and refrigerators can be added and function with power outlets. CENTRALSAN ` 5 5 TO CLARIFY ADU DETERMINATIONS, CENTRAL SAN UPDATED THE DISTRICT CODE DISTRICT CODE 6.12.040 • In the event a separate additional residential unit is constructed on a parcel, whether or not in compliance with applicable government regulations, additional capacity fees for that residential unit shall become due. • The creation of a dwelling space that accommodates an additional separate living area within a parcel,whether or not said additional separate living area is constructed within the original building or is a detached building, shall subject the parcel to assessment of applicable additional residential unit fees. • An additional separate living area shall be defined as an area designed for the purpose of separate habitation that(1)will be, or can be, physically separated by a wall or door from other residential units on the parcel, and (2) contains a full bathroom consisting of a sink, a toilet, and a shower or a tub; an additional sink located outside the bathroom area; a multipurpose or bedroom area; and an exterior entrance. ` 6 CENTRALSAN 6 3 July 1, 2021 Regular Board Meeting Agenda Packet- Page 138 of 231 Page 5 of 11 JUNIOR ADU (JADU) ❖ No capacity fees can be charged. ❖ No sewer service fees can be charged. ❖ Maximum size is 500 square feet and must be entirely contained within a single-family residence. ❖ Owner-occupancy requirements for JADUs. The owner must reside in either the remaining portion of the primary residence or in the newly created JADU. ❖ Only one JADU allowed on a parcel is allowed. ❖ Includes Efficiency Kitchen. CENTRAL SAN CONVERSION OF EXISTING SPACE ❖ No capacity fees can be charged. ❖ Sewer service fees can be charged. ❖ ADU within the existing or proposed space of a single- family dwelling can be expanded 150 square feet beyond the physical dimensions of the structure but shall be limited to accommodating ingress and egress. ❖ Only one ADU or JADU per lot within existing space of a single-family dwelling is allowed. 8 CENTRALSAN s 4 July 1, 2021 Regular Board Meeting Agenda Packet- Page 139 of 231 Page 6 of 11 DIFFERENCE BETWEEN NEW CONSTRUCTION AND CONVERSION Additional New Space In A Detached Attached luniar ADU Conversion of Existing Space AW 9 CENTRAL SAN 9 NEW ADU CONSTRUCTION ❖Capacity fees can be charged at proportional rate. ❖ Sewer service fees can be charged. ❖ Both Detached and Attached Units. ❖ Maximum unit sizes: • 1,200 square feet for a new detached ADU. • Up to 50 percent of the floor area of the existing primary dwelling for an attached ADU (at least 800 square feet). ❖ Ministerially approval for one detached ADU: • 800 square feet maximum; 16 feet height limitation; and 4-foot side and rear yard setbacks. • This ADU may be combined on the same lot with a JADU. 10 CENTRALSAN 10 5 July 1, 2021 Regular Board Meeting Agenda Packet- Page 140 of 231 Page 7 of 11 ADU ON MULTIFAMILY PARCELS ❖ Capacity fees can be charged at proportional rate. ❖ Sewer service fees can be charged. ❖ Multiple ADUs within the portions of multifamily structures that are not used as livable space. Must allow at least one of these types of ADUs and up to 25 percent of the existing multifamily structures. ❖ Ministerially approval for two detached ADUs: • 800 square feet maximum; 16 feet height limitation; and 4-foot side and rear yard setbacks. • These ADU must be on lots with existing multifamily dwellings. ` 11 CENTRAL SAN 11 CURRENT CAPACITY FEES ❖ Capacity fee is an "equity buy-in" where new users pay their fair share of the District's existing assets. ❖ Are a permanent entitlement to the parcel. ❖ Total Gravity Zone Residential Capacity Fee: • Single-family Home is $6,803 • Multifamily Unit is $5,762 ❖ Total Pump Zone Residential Capacity Fee: • Single-family Home is $6,803 + $1,585 = $8,388 • Multifamily Unit is $5,762 + $1,343 = $7,105 '1,2 12 6 July 1, 2021 Regular Board Meeting Agenda Packet- Page 141 of 231 Page 8 of 11 RESIDENTIAL FEES OVERVIEW JADU ADU ADU New ADU Non- New Single- Construction Conforming g Famil Y II • Size Limit Capacity Fees 1 1 ' • . :1 (Gravity) Annual FEE P�� Sewer Service Charge *Proportional calculation based on maximum size of 1,200 square fee(SF) 13 CENTRAL SAN 13 ADU DIFFERENCES BETWEEN AGENCIES WITHIN CENTRAL SAN SERVICE AREA Contra Costa County January 2020 1,000 SF Martinez No local 1,200 SF State standards apply Ordinance Pleasant Hill January 2021 1,200 SF Walnut Creek* November 2019 1,000 SF Lafayette April 2020 1,200 SF New Construction;2-bedroom max Moraga February 2021 800 SF Orinda May 2020 1,000 SF Danville* March 2021 1,200 SF For lots up to 40,000 SF 2,000 SF For lots greater than 40,000 SF San Ramon February 2020 1,000 SF *Pre-approved plans offered in Danville and Walnut Creek 14 CENTRALSAN 14 7 July 1, 2021 Regular Board Meeting Agenda Packet- Page 142 of 231 Page 9 of 11 STAFF CANNOT RELY ON STATED INTENT FOR USE BECAUSE IT CAN CHANGE OVER TIME Prosect Features are utilized to Define ADU's ❑ Living area of at least 150 square feet; ❑ Exterior Entrance; ❑ Full Bathroom: consisting of a sink, a toilet, and a shower or a tub; ❑ Kitchen or Partial Kitchen: an additional sink located outside the bathroom area; ❑ A multipurpose or bedroom area. 15 CENTRAL SAN 15 DEED RESTRICTIONS ARE A NEW CONSIDERATION IN DETERMINING ADU'S Deed Restrictions could formally codify intent of use for Accessory Structures and if a project meets definition of an ADU Sample Deed Restriction Language • "This deed restriction is required to ensure that the accessory structure is not used as an accessory dwelling unit without meeting specific requirements, including those in District Code section 6.12.040, that do not apply to accessory structures. This deed restriction is also required to provide notification to all future property owners that the identified improvement cannot be used as an accessory dwelling unit." • "This structure shall not be used or converted into a dwelling unit or accessory dwelling unit without permission of the Central Contra Costa Sanitary District." 16 CENTRAL SAN 16 8 July 1, 2021 Regular Board Meeting Agenda Packet- Page 143 of 231 Page 10 of 11 DEED RESTRICTIONS MAY BE A NEW TOOL IN EVALUATING ACCESSORY STRUCTURES VS. ACCESSORY DWELLING UNITS Classifying ADU's is challenging for many reasons including: • Differences between jurisdictions in defining an ADU, • State law is sometimes unclear and can contradict itself • Intended Use can change between ownership of a property, • Central San must ensure that all users pay their fair share of sewer service. 17 CENTRAL SAN 17 DIRECTION OF THE BOARD IS REQUESTED ❖ Staff requests the Board's direction on whether to: • Consider the use of deed restrictions as a mechanism for staff to determine ADU classification; and • Provide staff the authority to utilize and record a deed restriction, as necessary. . .. C11 CIENTRALSAN 18 9 July 1, 2021 Regular Board Meeting Agenda Packet- Page 144 of 231 Page 11 of 11 ANY QUESTIONS '�,, CENTRALSAN 10 July 1, 2021 Regular Board Meeting Agenda Packet- Page 145 of 231