75B - PUBLIC HEARING ZONNG ORDINANCE NO. 2019-05

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Zoning Ordinance Amendment No. 2019-05 March 17, 2020 Page 6 parking non -conformities of the primary residence to be resolved, but will only require that the parking minimum established for the ADU be provided on the site. Additionally, the City's prior ordinance required that any parking spaces lost through a garage or carport conversion be replaced in any configuration on the property. The ability to require replacement of those spaces has also been prohibited by the state. Effective January 1, garage or carport parking spaces that are lost to a conversion do not have to be replaced, and local agencies shall not require that they be replaced. The proposed ordinance reflects these changes to state law as they relate to the construction of ADUs and JADUs but does not affect development standards that apply to non -conforming properties found in Chapter 41 of the SAMC. Appeals Process The proposed ordinance grants the Executive Director of the Planning and Building Agency, or his/her designee, ADU and JADU application review authority. Should an applicant wish to appeal the Executive Director's determination or requests to vary from the development standards in the ordinance, an application for a minor exception will be required and heard by the Zoning Administrator pursuant to Article V of Chapter 41. The decision of the Zoning Administrator shall be final unless appealed to the planning commission pursuant to Section 41-645 of the SAMC. Limitations and State Oversight State ADU law prohibits the adoption of a local ordinance that imposes a minimum lot size, has bedroom number maximums, requires owner -occupancy (owner -occupancy requirement permitted for JADUs), or that requires replacement of garage or carport parking spaces that are lost to conversions. State law also prohibits the adoption of development standards that would otherwise preclude the development of an 800 square foot ADU, including separation requirements, lot coverage maximums, and open space minimums. In addition, a local ordinance must permit ADUs on multi -family residential properties, non -conforming sites, and must include provisions for the establishment of JADUs on properties developed with single-family residences. State law also prohibits local agencies from imposing any impact fees for ADUs that are less than 750 square feet in size. Larger units shall be charged proportionately in relation to the square footage of the primary dwelling unit. Lastly, state law sets strict time limits for review of ADU and JADU applications (maximum of 60 days from date of application submittal). If the local agency fails to act within the allotted time, the application shall be deemed approved. To ensure compliance with state law, HCD has been granted oversight authority over local ADU ordinances. HCD is now responsible for reviewing local ordinances within 60 days of adoption to ensure compliance with state law. Additionally, HCD may refer local agencies to the Attorney General for further action if a local agency's ordinance conflicts with state law and said agency fails to amend its ordinance in response to the department's findings or does not adopt a resolution addressing HCD's comments and explaining the reason the ordinance complies with state ADU law. However, based on staff's discussions with HCD, the proposed ordinance will not require Attorney General involvement. 75B-6