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ADU_SB9 WorkshopAPRIL 21, 2022 Joint Workshop by the City Council and Planning Commission/Site and Architectural Review Board •Accessory Dwelling Units and Junior Accessory Dwelling Units. •Senate Bill No.9 Pertaining to Urban Lot Splits and Two-Unit Developments 2030 Vision Statement Goal 3 to Promote Economic Development by updating zoning and development code in preparation for future growth, and to preserve and protect our community and its exceptional quality of life though thoughtful planning. Background On January 25, 2022, the City Council adopted an Urgency Ordinance (No. 336-U) establishing objective standards for the regulation of lots splits and new units developed under SB 9. On March 3, 2022, the Planning Commission Conducted a Noticed Public Hearing and voted unanimously 4-0 adopting a Resolution recommending that the City Council adopt an Ordinance establishing SB9 standards and an Ordinance updating the city’s ADU requirements. Background On March 22, 2022, the City Council Conducted a Noticed Public Hearing and voted unanimously 5-0 to continue the Public Hearing to a date uncertain and directed staff to conduct a joint City Council and Planning Commission workshop to further review and discuss the State Legislation requirements and provide input on the city’s proposed objective standards for SB9 and ADU/JADU developments. Accessory Dwelling Units Junior Accessory Dwelling Units ADUs/JADUs ADUs/JADUs Legislature updates became effective on January 1, 2021. The city’s current ADU ordinance was adopted in 2017. The State Law allow cities to impose additional objective standards that do not conflict with State Law. Permitted Zoning: •Single-family Residential •Multifamily Residential •Mixed-Use Residential ADU State Requirements ADUs must be approved ministerially without a public hearing. ADUs can be attached to, detached from, or built within other dwelling structures, or be created by converting non-habitable structures. ADU State Requirements A parcel with one or more single-family dwellings can have up to one ADU. The amount of ADUs allowed within a multifamily dwelling shall be equal to 25% of the number of units in the multifamily development, provided that fractional units shall be rounded down. There can be up two detached ADU’s on a parcel with a multifamily dwelling. ADU State Requirements ADUs must have complete independent living facilities and can only be limited to 850 sq ft for studio/one-bedroom units and 1,000 sq ft for units with two or more bedrooms. ADUs can not be smaller than an “efficient unit” = 220 square feet. Attached ADUs can be limited to 50% of the floor area of the primary unit (but no smaller than 800 square feet). ADU State Requirements The city may only impose up to 4-foot rear and side setback for ADUs. ADUs cannot be sold separately from other units on the property. Only one parking space can be required for ADUs (with some exceptions). ADU State Requirements ADUs up to 750 square feet are exempt from impact fees. ADUs that are 750 feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit. ADU State Requirements JADUs Must be completely within a single-family dwelling Prohibited on multi-family dwellings Must have independent living facilities including an efficiency kitchen May share a bathroom Limited to 500 sq ft JADUs require the property owner to reside in the JADU or the primary dwelling. JADUs cannot be sold separately from the main house. No additional parking can be required for a JADU. A deed restriction must be recorded for a JADU requiring compliance with State Law regulations. JADU State Requirements ADUs and JADUs DISCUSSION Detached ADUs Unit Type Detached ADU maximum size Studio/one-bedroom units 850 sq. ft. Two or more bedrooms units 1,000 sq. ft. Size Attached ADUs: Unit Type Attached ADU Maximum size Studio/one-bedroom units 850 sq. ft. or 50% of the primary dwelling floor area, whichever is less Two or more bedrooms units 1,000 sq. ft. or 50% of the primary dwelling floor area, whichever is less Size Height Limit to a maximum16 feet in height. The city may restrict new ADU construction to ground level only or may allow ADUs to be added on as second stories. Height limitations will not apply to ADUs created by converting space in an existing structure. Water The Riverside Highland Water Company is also revising their requirements for additional units in response to the SB9 legislation, but the requirements will also be applicable to ADUs. RHWC will require a separate connection for every unit constructed. Their board meeting will be held on April 28, 2022. Water Section 18.69.050-General Requirements(e)(7)(A) (A)The City shall not require a separate utility connection between an accessory dwelling unit or junior accessory dwelling unit and the utility, or impose a related connection fee or capacity charge, for units located entirely within a primary dwelling, unless the accessory dwelling unit or junior accessory dwelling unit was constructed with a new single-family home. Water Section 18.69.050-General Requirements(e)(7)(B) (B)Except as provided in subdivision (A), accessory dwelling units and junior accessory dwelling units shall have a separate connection to the main water service line in the street and the applicant shall submit plans for such line(s) to the Riverside Highland Water Company for review and approval. The applicant shall comply will all objective requirements of the Riverside Highland Water Company for the construction and operation of the water line(s). Sewer and Septic Section 18.69.050-General Requirements(e)(8)(A) Prior to issuance of a building permit for an accessory dwelling unit or junior accessory dwelling unit, the City Engineer shall inspect existing sewer lines and/or the onsite wastewater treatment system on the parcel. As part of this inspection, the City Engineer may, if applicable, require documentation of a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years. If the City Engineer determines that the addition of a new unit or units would result in a violation of the requirements of the California Plumbing Code, the requirements of the Santa Ana Regional Water Quality Control Board, and/or other objective City sewer or septic system requirements, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements. Sewer and Septic Section 18.69.050-General Requirements(e)(8)(B) If a parcel relies on an onsite wastewater treatment system, and a proposed unit would be located on the only part of the parcel that could accommodate a new onsite wastewater treatment system in the event the existing system needed to be replaced, then the City shall require that all existing and proposed units on the parcel be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development. Tree Replacement Section 18.69.050-General Requirements(10) If the construction of an accessory dwelling unit or junior accessory dwelling unit will result in the removal of one or more trees with a trunk diameter of six (6) inches or greater, then, as a condition of obtaining a certificate of occupancy, the owner shall plant one new 24- inch box tree on site for each tree removed. The proposed project site shall have a minimum of one tree per unit. Design Standards Section 18.69.060 The architectural design and detailing, roof material, exterior color, and finish materials of an accessory dwelling unit or junior accessory dwelling unit shall be the same as those of the primary dwelling. Design Standards Manufactured home requirements: a.if materials matching the primary dwelling arenotcommerciallyavailableforamanufacturedhome,then finish materials shall be the same colorasthefinishmaterialsontheprimarydwelling; b.The roof shall have a minimum 16-inchoverhandandshallhaveaminimumpitchofnotlessthantwoinchesverticalriseforeach12inchesofhorizontalrun;and c.Mechanical equipment associated with themanufacturedhomeshallbelocatedsoisnotvisiblefromapublicstreetoradjoiningproperty. Additional Development Standards Are there any other development standards that the Council or Commission would like to see in the ADU/JADU Ordinance? End of Discussion ADUs/JADUs Sewer and Septic Questions What is the minimum size requirement for a sceptic service? Colton Wastewater Department Response: Size calculations are based on estimated flow. The bigger the house the bigger size of septic tank. The minimum septic tank size for a 2-bedroom house is 750 gallons, whereas a minimum 1200 -gallon size septic tank is needed for a 4-bedroom house. What type of percolation test is going to be required and in what instance is it needed? Colton Wastewater Department Response: Most of the time percolation test is required when building a septic tank. Sometimes the soil is clay or rock and will not be suitable for a septic tank. Percolation test will know how fast the sewage is percolating into the ground. Sewer and Septic Questions What kind of testing is required to determine if the existing septic system or sewer capacity is sufficient? Colton Wastewater Department Response: Flow rate of the percolation test and size calculation depends on the projected sewage flow. Sewer and Septic Questions If an existing dwelling unit is served by a septic system, can the additional units be on a separate sewer line connection? Colton Wastewater Department Response: The new structure or ADU will be required to have a new connection. The existing house can stay with the septic tank if preferred by the owner. Sewer and Septic Questions Do the Santa Ana Regional Water Board requirements supersede the SB9 requirements? Colton Wastewater Department Response: SB-9 is a State mandated law which will prevail. Sewer and Septic Questions If an existing site has a septic system, can the system be tested to identify the projected longevity of such system to support the existing residence and additional units? Colton Wastewater Department Response: It’s the responsibility of the Building Department to allow or enforce the repair of the existing septic tank to satisfy with the additional flow from the new structure. Sewer and Septic Questions Colton Wastewater Department Sewer requirements: “All persons owning property within the city with any building which has access to the sewer main shall connect all toilets, sinks, lavatories and other appliances on the property, with the city sewer system….Properties on which all buildings are farther than 200 feet from a sewer main shall either comply with the requirements of the Uniform Building Code regarding sewage disposal or shall be connected to the sewer main.” Sewer and Septic Questions SENATE BILL 9 Senate Bill 9 Senate Bill 9 was signed on September 16, 2021. The bill became effective on January 1, 2022. Local agencies are required to allow SB 9 projects through a ministerial approval process. SB 9 Legislation The city is required to permit up to two primary residences per parcel in single-family residential zone. Under SB 9 single-family residential lots may be split in half and create two separate smaller parcels The State Law has established many requirements and allows cities to impose additional objective standards that do not conflict with State Law. The lot must be in the single- family residential zone: •RH-Hillside Residential •R1-20-Very Low-Density Single Family Residential •R1-10-Low Density Sigle Family Residential •R1-7.2-Single Family Residential SB 9 State Requirements SB 9 –State Requirements SB 9 does not apply to parcels located: •historic district •earthquake fault zones •wetlands •high fire severity zones •hazardous waste sites •flood hazard areas •protected farmland •habitat for protected species •land under a conservation easement Where are SB 9 projects prohibited? SB 9 Ordinance -State Requirements A city may deny a proposed SB 9 development project or lot split if the building official makes a written finding based upon a preponderance of the evidence, that the proposed project would have a specific adverse impact upon public health and safety or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. SB 9 State Requirements Developments cannot involve the demolition or alteration of the following types of housing: Deed restricted to affordable housing Rent-controlled housing Housing occupied by a tenant in the last three years No more than 25% of existing exterior structure walls shall be allowed or required SB 9 State Requirements Maximum of two primary units are allowed on property, plus ADUs. The city can only impose up to a 4-foot rear and side setback. SB 9 units cannot be rented for terms of less than 31 days. The City cannot enforce standards that prevent the construction of up to two primary units that are at least 800 square feet each. SB 9 State Requirements The city can only require one parking spot per SB 9 units to be located on the parcel, except if: The parcel is located within on-half mile walking distance of either a high-quality transit corridor, or a major transit stop. There is a car share vehicle located withing one block of the parcel. A two-lot subdivision shall not result on a parcel smaller than 40% of the lot area of the original parcel and must be at least 1,200 square feet SB 9 State Requirements SB 9 State Requirements Vacant lots are not eligible for urban lot splits An urban lot split cannot be further subdivided No more than two units are permitted on any parcel created by a lot split Only residential uses are allowed SB 9 State Requirements The owner of the parcel must live in one of the resulting parcels for a minimum of 3 years Easements must be dedicated for: •public services and facilities •access to public right-of-way Urban lot splits must comply with requirements of the Subdivision Map Act and City standards Urban lot splits will be ministerially approved without the public hearing SB 9 Two Unit Development and Lot Split DISCUSSION Size Under SB9, a lot may have either 1 or 2 primary units. Detached or attached (i.e. a duplex). The city can set a size requirement that is not less than 800 square feet. Size Things to consider: Some of the units will be on normal-sized lots. Other units will be built on substandard-sized lots that result from SB 9 lot splits. The city may want to have different size standards depending on whether the unit is on a standard parcel or a lot-split parcel. ZONING MINIMUM LOT SIZE SB 9 LOT SUBDIVISION POSSIBLE OPTIONS 40%50%60% RH-Hillside Residential 43,560 (1 -acre) 17,424 21,780 26,136 R1-20-Very Low- Density Single Family Residential 20,000 8,000 10,000 12,000 R1-10-Low Density Family Residential 10,000 4,000 5,000 6,000 R1-7.2-Single Family Residential 7,200 2,880 3,600 4,320 Lot Size Recommendation 1 (a) The first primary unit on a lot will have no maximum size requirement, but will only be subject to setback, maximum lot coverage, and other development standards applicable to the lot. (b) The second primary unit on a lot will be limited to 800 sf. (c) A new construction duplex (2 attached units) will be limited to 1,200 sf per unit. Recommendation 2 Create two standards: (a)(1)Standard-Sized Parcel: The first primary unit on a lot will have no maximum size requirement, but will only be subject to setback, maximum lot coverage, and other development standards applicable to the lot. (a)(2)Substandard-Sized Parcel: The first primary unit on a lot resulting from an SB 9 lot split will be limited to 1,200 sf. Height Does the City want to impose height restrictions on the first and/or second primary unit on a parcel? Notice Does the City want to give adjacent property owners notice that an application for an urban lot split or second primary unit has been submitted? Water The Riverside Highland Water Company is also revising their requirements in response to the SB9 legislation. RHWC will require a separate connection for every unit constructed. Their meeting will be held on April 28, 2022. Water Section 18.65.040-Development Standards (G)(3) “A second unit, and both units in a two-unit development, shall each have a separate water service line and the applicant shall submit plans for such lines(s) to the RHWC for review and approval. The applicant shall comply with all objective requirements of the RHWC for the construction and operation of the water line(s)”. Sewer and Septic G.Wastewater;Water Service.  1.Prior to issuance of a building permit for a second unit or either unit of a two-unit development,the City Engineer shall inspect existing sewer lines and/or the onsite wastewater treatment system on the parcel.As part of this inspection,the City Engineer may,if applicable,require documentation of a percolation test completed within the last five years,or,if the percolation test has been recertified,within the last ten years.If the City Engineer determines that the addition of a new unit or units would result in a violation of the requirements of the California Plumbing Code,the requirements of the Santa Ana Regional Water Quality Control Board,and/or other objective City sewer or septic system requirements,then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements. Sewer and Septic G.Wastewater;Water Service.  2.If a parcel relies on an onsite wastewater treatment system, and a proposed unit would be located on the only part of the parcel that could accommodate a new onsite wastewater treatment system in the event the existing system needed to be replaced,then the City shall require that all existing and proposed units on the parcel be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development.If such disconnection and connection is not possible,or would require off-site improvements,then the building official,or designee, shall consider whether such circumstances are grounds for denial of the proposed project pursuant to Section 18.65.020.C. Deed Restriction Section 18.65.080-Deed Restriction; affordable rent requirements B.Second units, and both units of a two-unit development, if rented, shall only be rented at an affordable rent for lower-income households, as defined in Health and Safety Code Section 50053, and shall only be rented to lower-income households, as defined in Health and Safety Code Section 50079.5, for a minimum of 55 years. Tree Replacement Section 18.65.040-Development Standards (I) If the construction of a second unit or two-unit development will result in the removal of one or more trees with a trunk diameter of six (6) inches or greater, then, as a condition of obtaining a certificate of occupancy, the owner shall plant one new 24-inch box tree on site for each tree removed. The proposed project site shall have a minimum of one tree per unit. Shape of Parcel Resulting from a Lot Split Does the Council or Commission prefer side-by-side lots or flag lots, or no preference? For example: The City may impose minimum frontage requirements, minimum lot width, prohibition of flag lots, etc. Additional Development Standards Are there any other development standards that the Council or Commission would like to see in the SB 9 Ordinance?