Joint fl
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE:
City Council ~ Housing Authority H Successor Agency H
Oversight Board
H
January 14, 2020
AGENDA ITEM
Report: Extension of Urgency Ordinance Regarding Accessory Dwelling Units and
Junior Accessory Dwelling Units (ADUs); Consideration of Refunds of
Development Impact Fees and Covenant Agreement Fees for ADUs Issued
Permits Prior to January 1, 2020
1)
Introduction of an Urgency Ordinance of the Council of the City of Glendale,
California Extending Ordinance No. 5939 Establishing Interim Standards and
Ministerial Processes for Reviewing and Approving Applications for Accessory
Dwelling Units and Junior Accessory Dwelling Units
2) Resolution Amending the Citywide Fee Schedule Pertaining to Fees for ADU
Covenant Agreements
3) Motion Authorizing Refunds of Development Impact Fees for ADUs Issued Permits
Prior to January 1, 2020 that Have Not Received Certificates of Occupancy
4) Motion Authorizing Partial Refunds of Covenant Agreement Fees for ADUs that
Have Not Received Certificates of Occupancy
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Public Hearkig~ Ordinance
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Approved for
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Consent Calendar
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Action Item
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Report Only
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calendar
ADMINISTRATIVE ACTION
Submitted by:
Philip Lanzafame, Director of Community Development
Prepared by:
Kristen Asp, Principal Planner
Michael J. Garcia, City Attorney
g~I
Approved by:
Yasmin Beers, City Manager
Reviewed by:
Roubik Golanian, Assistant City Manager
Michael J. Garcia, City Attorney
Erik Krause, Deputy CDD Director/Planning
Michele Flynn, Director of Finance
2
RECOMMENDATION
It is recommended that City Council introduce and adopt an urgency ordinance
extending the 45 day urgency ordinance establishing interim standards and ministerial
processes for reviewing and approving accessory dwelling units and junior accessory
dwelling units for an additional ten months and 15 days.
SUMMARY
On December 10, 2019, the City Council adopted Ordinance No. 5939, an urgency
ordinance establishing interim standards and ministerial processes for reviewing and
approving accessory dwelling units and junior accessory dwelling units. This interim
ordinance expires 45 days from the date of adoption (January 24, 2020), unless
extended prior to that date. Additional time is necessary to draft a permanent ordinance
through public hearings before the Planning Commission and City Council. Exhibits I
and 2, attached for your reference, are Ordinance No. 5939 and the Report to Council
dated December 3, 2019.
BACKGROUND/ANALYSIS
On October 9, 2019, in addition to other legislation impacting accessory dwelling units,
the Governor signed Assembly Bill No. 881 (“AB 881”) and Assembly Bill No. 68 (“AB
68”) amending State law pertaining to accessory dwelling units (“ADU5”) and junior
accessory dwelling units (“JADU5”). These bills will require the City to amend its
standards and processes for the review and approval of ADUs/JADUs and became
effective January 1, 2020.
Summary of Changes to Primary ADU statutes (Gov’t Code ~65852.2 and 65852.22)
Among other provisions AB 881 amends State law related to ADUs by amending the
development standards and processes local agencies may impose on ADU
construction. AB 881 also implements a new provision of the ADU statute, Government
Code Section 65582.2(e) that creates four types of ADUs that local agencies must
approve notwithstanding compliance with development standards, and imposes new
restrictions on the amount of development impact fees local agencies may impose on
ADU/JADU construction.
Mandatory ADUs
Single -family
•ADU
o 800 SF maximum
o 16’ maximum height
o 4’ minimum interior setbacks
•
JADU (may be combined with ADU above when applicable)
o Located within an existing building
o 500 SF maximum
3
Multifamily
• Multiple ADUs maximum of 25% of existing units (at least 1) within
multifamily building (not within existing units) 800 SF maximum; or
• Maximum 2 detached ADUs
o 800 SF maximum
o 16’ maximum height
o 4’ minimum interior setbacks
—
AB 68— Junior Accessory Dwelling Units
AB 68 provides a revised definition of JADUs under Government Code Section
65582.22 and minimum state development standards. AB 68 defines a JADU as a “unit
that is no more than 500 square feet in size and contained entirely within a single4amily
residence. A junior accessory dwelling unit may include separate sanitation facilities, or
may share sanitation facilities with the existing structure.” Per AB 881, a JADU may
also be within an existing accessory building/structure.
Other State ADU legislation
Other state legislation in addition to AB 881 and AB 68 impacts ADUs and/or JADUs,
including:
•
•
•
•
SB 13: Provides that owners of ADUs built before January 1, 2020 (or after
January 1, 2020 in a jurisdiction that has a noncompliant ordinance at the time of
construction) may request delayed enforcement of any violation of a building
standard for a period of up to five (5) years and a city must approve such request
if it determines that correcting the violation is not necessary to protect health and
safety. This law expires on January 1, 2035 and no enforcement delays may be
granted after January 1, 2030
SB 670: Voids CC&Rs that prohibit or unreasonably restrict ADUs or JADUs.
SB 671: Requires a local government to include a plan in its housing element to
“incentivize” and promote the creation of ADUs that can be offered at an
affordable rent for very-low, low and moderate-income households.
AB 587: Creates an exception to the general rule that prohibits the separate sale
or conveyance of an ADU from the primary dwelling where:
o A qualified nonprofit develops the property;
o A qualified low or moderate income buyer occupies the primary residence;
o The qualified buyer first offers option to purchase to the nonprofit
corporation if buyers sells in the future;
o An affordability restriction recorded against the property for 45 years;
o A separate utility connection can be required; and
o This exception is permissive only, meaning a city can adopt an ordinance
allowing the separate conveyance of an ADU meeting these criteria but is
not required to do so.
4
Urgency Ordinance (Ordinance No. 5939)
The City Council adopted Ordinance No. 5939 on December 10, 2019, an urgency
ordinance establishing interim standards and ministerial processes for reviewing and
approving accessory dwelling units and junior accessory dwelling units while staff
prepares permanent zoning standards. Among other provisions, the urgency ordinance
includes the following provisions:
-
•
•
•
•
•
•
•
•
•
•
•
Permits ADUs/JADUs in all areas zoned to allow single-family and multifamily
residential uses (including commercial and mixed use zones) on lots developed
with residential dwellings;
Permit,s conversion of existing accessory buildings into ADUs (as opposed to
existing accessory “structures” which do not necessarily have roofs under the
GMC) in accordance with state law and subject to applicable development
standards;
Prohibits an owner of lot with an ADU/JADU from building an accessory living
quarters or accessory buildings, with the exception of residential garages;
Prohibits ADUs/JADUs from acting as short4erm rentals;
Provides maximum unit size of 850 square feet and 1,000 square feet for an
ADU that provides more than one (1) bedroom, subject to compliance with all
other development standards;
Authorizes and requires approval of the four types of mandatory ADU approvals
as required by AB 881;
Permits additions of ADUs above existing detached accessory garages provided
the height does not exceed 25 feet (plus 3 feet for certain pitched roofs), with a
four-foot minimum interior setback and maximum unit size of 500 feet.
Except for mandatory ADU/JADU approvals pursuant to subdivision (e) of
Government Code section 65852.2, for properties (i) listed on California Register
of Historic Places or Glendale Register of Historic Properties, (ii) identified as
significant or potentially significant on a historic resources survey meeting the
requirements of Public Resources Code 5024.1, or (iii) within an adopted or
nominated historic district, any exterior changes to an existing property to create
an ADU must not be visible from the public street or sidewalk right-of-way
immediately adjacent to the property and shall not alter any defining historic
characteristic;
Provides for architectural compatibility between primary dwelling and ADUs,
when such requirements may be required per State law;
Provides the parking ratios and exceptions permitted by State law; and
For development impact fees:
o Exempts units of 750 square feet or less;
o For ADUs on single family properties, provides that the fees shall be in
proportion of the size of the ADU to the size of the single family dwelling,
but not more than $4,700; or
o For ADUs on properties with more than one dwelling, the fee shall be
$4,700.
5
Extension of Urgency Ordinance
The urgency ordinance adopted on December10, 2019 is valid for 45 days, and expires
on January 24, 2020, unless extended by the Council. State law requires the City
Council to issue a written report at least ten days prior to the expiration of the urgency
ordinance that describes the measures taken to alleviate the condition that led to the
urgency ordinance. Staff is presently researching ADU/JADU ordinance being prepared
by other cities, evaluating setback requirements for detached accessory garages, as
well as analyzing local data related to street widths which may have an impact upon
safety. Therefore, staff recommends that the term of Ordinance No. 5939 be extended
for a period of ten months, fifteen days for a total effective date of one (1) year. With
Council’s approval of the urgency ordinance extension, staff will continue to work to
create a permanent ordinance addressing accessory dwelling units and junior
accessory dwelling units.
State law (CA Govt. Code Section 65858) and the City’s charter allow for the adoption
of urgency ordinance to prohibit any uses that may pose an impact upon the public’s
health, safety and welfare. The initial urgency ordinance which was effective for 45
days, may be extended up to 10 months and 15 days if the Council finds that there is a
current and immediate threat to the public health, safety or welfare, and that the lack of
local criteria for review of ADUs/JADUs would result in that threat. During the 10 month
and 15 day extension, staff will further research the issues associated with
ADUs/JADUs and propose a permanent ordinance.
Since staff continues to receive numerous inquiries regarding ADUs/JADUs in the City
of Glendale and the State criteria are inadequate, there currently remains a threat to
public health, safety or welfare. In addition, without a local ordinance in place that
complies with Government Code Section 65852.2(a) as revised by Assembly Bill No.
881 (effective January 1, 2020), development standards for ADUs will default to state
standards which would allow for larger ADUs than what is permitted by the urgency
ordinance. Until ongoing research is completed and proposed permanent standards
veiled by Planning Commission are presented to Council for consideration, there
remains a threat to public health, safety or welfare without the urgency ordinance in
place.
Refund of Development Impact Fees
At its December 3, 2019 meeting, Council directed staff to prepare the necessary
resolutions/motions to refund the Parks & Libraries Development Impact Fees (DIF5)
collected on ADUs that had been issued a permit but have not yet received a certificate
of occupancy. There are 83 properties with issued ADU permits that have not received
a certificate of occupancy. A motion authorizing the DIF refunds is provided for this
item. If authorized, refunds will be provided to the party that paid the DIF without a
requirement of submitting a refund application.
6
Covenant Agreement Fees
The City’s existing municipal code provisions and the urgency ordinance require the
execution of a recordable covenant by the property owner to ensure compliance with
those provisions, including a requirement the ADU not be sold separately from the
primary dwelling. At the time the Council adopted the ordinance incorporating the City’s
ADU regulations into the Glendale Municipal Code, the City had an existing covenant
agreement fee that has been assessed to property owners with an ADU. That fee is
$2,348 per ADU.
Council directed staff to review the fees to see if it could be reduced. Staff reviewed the
fee and determined that certain work associated with the covenant review could be
eliminated or modified. As a result, the staff is recommending a fee of $364. A
resolution amending the citywide fee schedule is included with this item, and the cost
justification is attached as Exhibit 3 to this Report.
If Council is inclined to treat property owners the same with respect to the ADU
covenant agreement fee as it is with the DIF, staff has provided a motion authorizing a
partial refund of $1,984 to each owner who paid the covenant fee but has not received a
certificate of occupancy. The covenant fee is paid earlier than other permit fees due to
the time it takes for staff to process the covenant in anticipation of the issuance of the
permit. Thus, in addition to the 83 units that have been permitted but have not received
certificates of occupancy, there are another 31 proposed units that have paid the
existing covenant fee of $2,348 but not yet received permits. Thus, the fiscal impact of
providing a partial refund of the covenant agreement fee in this manner would be
$226,176 ($1 ,984x 114 ADU5).
FISCAL IMPACT
The fiscal impact of extending the urgency ADU ordinance will be associated with the
continued permitting, inspection and enforcement, which will depend on the level of
increased ADU construction activity, which is difficult to estimate at this time. No
changes to ADU permit fees are proposed. Permit fees are $307 for ADU review and
building permit fees are in the range of $7,500 to $12,000 per unit (including DIF for
units 750 SF and above). Given that ADUs can be larger under the new law and can be
combined with JADUs in some cases, these fees can be expected to slightly increase.
The Parks and Libraries Development Impact Fees for ADUs with active permits that
have not received final certificates of occupancy totaling to $390,100 will be refunded
from the revenue accounts in the Parks (Fund 4050) and Library (Fund 4070)
Development Impact Fee funds.
Partial refund of the covenant agreement fees that have been paid by owners who have
not received certificates of occupancy will be $226,176 and will be refunded from the
revenue account in the General Fund.
7
ENVIRONMENTAL DETERMINATION
Adoption of the urgency ordinance extending Ordinance No. 5939 is exempt from the
California Environmental Quality Act (“CEQA”) pursuant to a statutory exemption
because this interim urgency ordinance adopts accessory and junior accessory dwelling
units in zones that permit single-family and multifamily uses to implement the provisions
of Government Code Section 65852.2 as set forth in Section 21080.17 of the Public
Resources Code.
ALTERNATIVES
Alternative 1: The Council may adopt the Ordinance to extend the Urgency Ordinance
an additional 10 months and 15 days. The Council may adopt the
resolution amending the citywide fee schedule for the ADU covenant
agreement fee. The Council may adopt the resolutions and motions
providing a refund of the Parks and Library development impact fees and
partial refund of the ADU covenant agreement fees for those owners that
have not received a certificate of occupancy.
Alternative 2: The Council may decline to extend the Urgency Ordinance, and instead
allow ADUs/JADUs subject to the criteria established by the State while
local standards to permit accessory and junior accessory dwelling units
are established. The Council may decline to adopt the resolutions and
motions amending the citywide fee schedule and providing refunds of
the development impact fees and ADU covenant agreement fees as
outlined herein.
Alternative 3: The Council may consider any other alternative not proposed by staff.
CAMPAIGN DISCLOSURE
Not applicable.
EXHIBITS
Exhibit I Urgency Ordinance No. 5939
—
Exhibit 2— Council report dated December 3, 2019
Exhibit 3
—
Calculation of ADU covenant agreement fee
8
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA
EXTENDING ORDINANCE NO. 5939 ESTABLISHING INTERIM STANDARDS AND
MINISTERIAL PROCESSES FOR REVIEWING AND APPROVING ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS FOR A PERIOD OF TEN MONTHS
AND FIFTEEN DAYS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:
WHEREAS, the City of Glendale regulates accessory dwelling units under Title
30 of the Glendale Municipal Code, 1995 (“GMC”), including Chapter 30.34 thereof, as
well as the Glendale Building and Safety Code;
WHEREAS, Government Code Section 65852.2 permits local governments to
establish standards for ministerial review of accessory dwelling units and directs that
accessory dwelling units be approved subject to minimal state standards when existing
local standards or process for accessory dwellings conflict with state standards;
WHEREAS, Government Code Sections 65852.2 and 65852.22 were amended
by AB 881 and AB 68, respectively, to revise the requirements for the development of
“accessory dwelling units” and “junior accessory dwelling units,” effective January 1,
2020;
WHEREAS, Government Code Section 65852(a)(4) as amended by AB 881 will
deem null and void any existing ordinance that is inconsistent with the standards set
forth in Government Code Section 65852(a) or fails to provide an approval process that
includes only ministerial provisions for the approval of accessory dwelling units;
WHEREAS, the City of Glendale adopted Housing Element 2014-2021 of the
General Plan on January 28, 2014 and this Element was certified by the State
Department of Housing and Community Development on February 24, 2014;
WHEREAS, Government Code Section 65852.2 declares that accessory
dwelling units in areas zoned to allow single-family or multifamily dwelling residential
uses do not exceed the allowable density for the lot upon which the accessory dwelling
unit is located, and that accessory dwelling units are a residential use that is consistent
with the existing general plan and zoning designation for the lot;
WHEREAS, the development of accessory dwelling units will further local,
regional and state goals for meeting the RHNA requirement expressed in Housing
Element 2014-2021 provided the City has a mechanism to allow tracking of accessory
dwelling units;
WHEREAS, Housing Element 2014-2021, contains Policy 1.9 “Encourage
flexibility in the Zoning Ordinance to promote a wide range of housing types”; Policy 1.2
“Assure that affordable housing is dispersed throughout the City while recognizing the
potential for the integration of market-rate and affordable units within individual
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projects”; Policy 2.10 “Respect scale, historic continuity, and a sense of community in
new residential development”; and, Policy 6.10 “Encourage the use of sustainable
building practices in residential developments” and permitting accessory dwelling units
implements these policies;
WHEREAS, the Greener Glendale Plan for Community Activities was adopted by
the City Council of the City of Glendale on March 12, 2012 for the purposes of
promoting sustainable practices and establishing greenhouse gas reduction strategies
in accordance with AB 32 (2006) and SB 375 (2008);
WHEREAS, the Greener Glendale Plan for Community Activities Objective UD4
directs Glendale to continue to promote infill development to increase sustainability and
livable environment and permitting accessory dwelling units is consistent with that
objective; and
WHEREAS, Government Code Section 65852.2 requires cities to permit
accessory dwelling units in areas zoned for single family and multifamily dwelling
residential use, but allows cities to designate areas where accessory dwelling units may
be permitted based on the adequacy of water and sewer services and the impact of
accessory dwelling units on traffic flow and public safety;
WHEREAS, Government Code Section 65858 permits cities to adopt interim
procedures and criteria while studying potential permanent processes and zoning
standards to protect public health, safety, and welfare;
WHEREAS, City Council received a staff report and testimony on December 3,
2019, discussed the process and standards for accessory dwelling units and junior
accessory dwelling units, initiated code amendments to prepare a permanent process
and criteria for approval of accessory dwelling units and junior accessory dwelling units,
and introduced the interim urgency ordinance to establish interim standards and
ministerial processes for review and approval of accessory dwelling units and junior
accessory dwelling units;
WHEREAS, on December 10, 2019, the City Council adopted Ordinance No.
5939 as an urgency ordinance to establish interim standards and ministerial processes
for reviewing and approving accessory dwelling units and junior accessory dwelling
units that was effective on January 1, 2020;
WHEREAS, the adoption of Ordinance No. 5939 has provided staff some time to
study processes and zoning standards related to ministerial approval of accessory
dwelling units;
WHEREAS, additional time is necessary for staff to continue to conduct research
and to develop permanent regulations to address ministerial processes for reviewing
and approving accessory dwelling units and junior accessory dwelling units;
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WHEREAS, Ordinance No. 5939 will expire on its own terms on January 24,
2020, unless City Council extends the term of the interim ordinance as provided in
Government Code Section 65858;
WHEREAS, there is an urgent need for Glendale to extend Ordinance No. 5939
to maintain interim standards, criteria and procedures for ministerial approval of
accessory dwelling units and junior accessory dwelling units to ensure that AS 881 and
AS 68, among other legislation, does not have the effect of voiding some of the City’s
regulatory scheme;
WHEREAS, pursuant to Government Code Section 65858, a ten month and
fifteen day extension of Ordinance No. 5939 is necessary as an urgency measure to
protect against the current and immediate threat to the public health, safety, and welfare
that minimal State criteria for ministerial approval of accessory dwelling units and junior
accessory dwelling units that does not recognize local zoning standards can pose to the
City as described above;
WHEREAS, on January 14, 2019, the Council held a duly noticed public hearing
in accordance with Government Code sections 65090 and 65852.2 to consider an
extension of Ordinance No. 5939;
WHEREAS, it is Council’s express desire to extend the interim standards and
ministerial processes for reviewing and approving accessory dwelling units and junior
accessory dwelling units established in Ordinance No. 5939 for an additional period of
ten months and fifteen days from January 24, 2020, the last effective date of Ordinance
No. 5939, to December 9, 2020;
WHEREAS, the adoption of this interim measure is exempt from the California
Environmental Quality Act (“CEQA”) pursuant to a statutory exemption because this
interim urgency ordinance adopts accessory and junior accessory dwelling units in
zones that permit single4amily and multifamily uses to implement the provisions of
Government Code Section 65852.2 as set forth in Section 21080.17 of the Public
Resources Code;
WHEREAS, the extension of the interim ordinance will provide City staff with time
to study, draft and adopt permanent regulations, including, but not limited to,
establishing a process for ministerial approval of accessory dwelling units and junior
accessory dwelling units;
NOW THEREFORE, the City Council of the City of Glendale does ordain as
follows:
SECTION 1. The City Council of the City of Glendale finds that the above recitals are
true and correct and are hereby incorporated by reference.
SECTION 2. The City Council of the City of Glendale finds that this Ordinance is
consistent with the City of Glendale General Plan, including the Housing Element, and
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with the Greener Glendale Plan, the City’s strategy for greenhouse gas reduction.
SECTION 3. In accordance with Government Code Section 65858(a), and pursuant to
the findings stated herein, the City Council hereby finds that there exists a current and
immediate threat to the public health, safety, and welfare requiring this interim urgency
Ordinance; (2) finds that the ministerial approval of accessory dwelling units pursuant to
minimal State criteria and without consistency with local zoning standards would result
in a threat to public health, safety and welfare; (3) finds that this Ordinance is necessary
for the immediate preservation of the public peace, health, and safety as set forth
herein; and (4) declares and imposes interim regulations for the immediate preservation
of the public health, safety, and welfare as set forth below.
SECTION 4: Duration,
Ordinance No. 5939 and its standards and requirements shall be in effect for a period of
ten months, fifteen days from January 24, 2020 (December 9, 2020), unless extended
by further action of the City Council at a regularly noticed public hearing, pursuant to
Government Code Section 65858.
SECTION 5: Compliance with California Environmental Quality Act.
The City Council hereby finds that this Ordinance implements the provisions of
Government Code Section 65852.2 and is therefore exempt from the California
Environmental Quality Act pursuant to Public Resources Code Section 21080.17 and
California Code of Regulations, Title 14, Chapter 3, Section 15282(h).
SECTION 6. Severability.
This Ordinance’s provisions are severable. If any portion of this Ordinance or its
application to any person or circumstance is held invalid or unconstitutional, that
decision does not affect the validity of the Ordinance’s remaining portions and the
Ordinance’s application to other persons and circumstances. The City Council declares
that it would have passed the remainder of this Ordinance without the invalid or
unconstitutional provision.
SECTION 7. Urgency Measure.
By making the findings of the hereinbefore findings of fact, which facts are hereby
declared to constitute an urgency, for the immediate preservation of the public health,
safety or welfare, this Ordinance is hereby declared to be an urgency measure and shall
become effective immediately upon adoption.
SECTION 8. Adoption and Incorporation.
The findings and information contained in Ordinance No. 5939, the City Council staff
reports dated December 3, 2019, December 10, 2019, and January 14, 2020, and
Council discussion, direction and motions at public meetings on December 3, 2019,
December 10, 2019, January 14, 2020 and January21, 2020 are hereby adopted and
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incorporated by reference as fully set forth herein.
SECTION 9. Report.
The Community Development Director is directed and ordered to prepare and
submit for City Council adoption, at least ten (10) days prior to the expiration of this
Ordinance, or any extension hereof, a written report describing the measures taken to
alleviate the conditions which led to the adoption of this ordinance.
SECTION 10. Certification.
The City Clerk shall certify as to the passage of this ordinance and cause the
same to be published in a newspaper of local circulation consistent with the
requirements of applicable state and local law.
Adopted by the Council of the City of Glendale on the
____
day of
_________
2020.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA)
SS)
COUNTY OF LOS ANGELES)
I, Ardashes Kassakhian, City Clerk of the City of Glendale, certify that the foregoing
Ordinance No.
was passed by the Council of the City of Glendale,
California, by a vote of four-fifths (4/5ths) of the members thereof, at a regular meeting
held on the
day of
2020, by the following vote:
_______________
________
_________________
Ayes:
Noes:
Abstain:
Absent:
APPROVED AS TO FORM
CITYftORNEY
DATE
UI/aD
City Clerk
5
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RESOLUTION NO.
______________
A RESOLUTION OF THE CITY COUNCIL OF GLENDALE, CALIFORNIA,
AMENDING THE ADOPTED 2019-20 CITYWIDE FEE SCHEDULE BY
ESTABLISHING A FEE FOR ACCESSORY DWELLING UNIT COVENANTS
WHEREAS, on January 31, 2019 the Council adopted Ordinance No. 5907,
authorizing and establishing standards in the Glendale Municipal Code (“GMC”) for the
development of accessory dwelling units (“ADUs”) in residential zones;
WHEREAS, on December 10, 2019, the Council adopted Ordinance No. 5939,
an urgency ordinance establishing interim standards for ADUs to be in place while the
City reviews and considers amendments to the GMC required by state legislation
including but not limited to Assembly Bill No. 881;
WHEREAS, Ordinance Nos. 5907 and 5939 require every property owners who
constructs an ADU on his or her property to execute a covenant and agreement (“ADU
Covenant”) agreeing to comply with the GMC provisions for ADUs and for said ADU
covenant to be recorded against the property and run with the land;
WHEREAS, on June 4, 2019, the Council considered and adopted a Citywide
Fee Schedule for the Fiscal Year 2019-20, Resolution Nos. 19-61 and 19-62 (“Adopted
Citywide Fee Schedule”), which consolidated into a comprehensive list all City taxes,
schedules, fees, charges, rates, and penalties that are published on the City’s website
and are reviewed an updated annually as part of the budget process; and
WHEREAS, the Directors of Community Development and Finance have
determined that the administrative cost to the City for processing ADU Covenant is $364
per ADU Covenant;
WHEREAS, the Council desires to establish the fee for processing an “ADU
Covenant” in the amount listed above, and include the fee in the Adopted Citywide Fee
Schedule; and
WHEREAS, the fee for processing a “ADU Covenant” is a charge imposed for
any one or more of the following purposes:
1. A specific City benefit conferred or privilege granted (California
Constitution, Article XIII C, §1 (e)(1));
2. A City service or product (California Constitution, Article XIII C, §1 (e)(2));
3. A charge imposed for City’s issuing licenses and permits, performing
investigations, inspections, and audits, and administrative enforcement and
adjudication (California Constitution, Article XIII C, § I (e)(3fl; or
a
4. A monetary charge imposed by the City as a result of a violation of law
(California Constitution, Article XIII C, § 1 (e)(5)); and
WHEREAS, the Directors of Community Development and Finance have
reviewed the fee charged for the City services, and with the City Manager’s approval,
recommend the fee’s adoption.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
GLENDALE;
SECTION 1. Notice of the public meeting at which this Resolution was
considered was properly given, and all oral and written presentations made to and
heard by the City Council were properly considered.
SECTION 2. The Council hereby:
1. Establishes, approves, and adopts a ADU Covenant Fee in the amount of
$364; and
2. Amends the 2019-20 Adopted Citywide Fee Schedule to add the fee, to which
the City’s Revenue Manager shall assign a fee number.
SECTION 3. A reasonable relationship exists between the fee to be collected for
the City services and the City’s costs in providing those services, as identified in the
data made available, including in the Report to Council dated January 14, 2020 (Exhibit
3 and all available supporting data available in the City’s Finance Department).
SECTION 4. The newly created fee:
1. Does not exceed the actual or estimated reasonable costs to the City of
providing the services to which the fees relate;
2. Is reasonable and necessary to enable the city to provide the benefit for
privilege, service or product, license or permit, use or rental, fine or penalty,
or property development to which it relates; and
3. Has been allocated in a manner such that the costs to the payer bear a fair
and reasonable relationship to the payer’s burden on, or benefit’s received,
from the City.
Pg. 2of3
SECTION 5. This Resolution shall take effect immediately.
Adopted this __________day of
_______
2020,
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA
) SS.
COUNTY OF LOS ANGELES)
I, Ardashes Kassakhian, City Clerk of the City of Glendale, hereby certify that the
foregoing Ordinance was adopted by the Council of the City of Glendale, California, at a
regular meeting held on the_______ day of
2020, and
that the same was adopted by the following vote:
,
Ayes:
Noes:
Absent:
Abstain:
City Clerk
APPROVEDASTO ORM
/
DATA%
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Pg. 3of3
MOTION
Moved by Council Member
_________________________________
seconded by Council Member ______________________________________, that
Council authorizes staff to issue refunds of the Parks and Libraries development impact
fees collected for any ADU that has been issued a building permit prior to January 1,
2020 but not issued a certificate of occupancy as of January 14, 2020, as described in
the Report to Council dated January 14, 2020.
Ayes:
Noes:
Abstain:
Absent:
APPROVED AS TO
\\Ca2OOO\data\Shared~FILES\DOCFILES\FACTFIND~DU DIF Refundsdoc
DATE
I
/°1/ZD
9 A3
MOTION
Moved by Council Member _________________________________
seconded by Council Member ______________________________________, that
Council authorizes staff to issue a partial refund of the covenant and agreement fee
charged for ADU covenants prior to January 14, 2020. The partial refund shall be in the
amount of $1,984 per covenant and agreement fee that has been charged.
Ayes:
Noes:
Abstain:
Absent:
APPROVED2 ~~RM
CITY
\\Ca2OOO\data\Shared~FILES\DOCFILES\FACTFIND~DU Covenant Parlial Refund.doo
DATE
ORNEY
2.
EXHIBIT 1
ORDINANCE NO.
5939
AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE,
CALIFORNIA ESTABLISHING INTERIM STANDARDS AND MINISTERIAL
PROCESSES FOR REVIEWING AND APPROVING ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:
WHEREAS, the City of Glendale regulates accessory dwelling units under Title
30 of the Glendale Municipal Code, 1995 (“GMC”), including Chapter 30.34 thereof, as
well as the Glendale Building and Safety Code;
WHEREAS, Government Code Section 65852.2 permits local governments to
establish standards for mInisterial review of accessory dwelling units and directs that
accessory dwelling units be approved subject to minimal state standards when existing
local standards or process for accessory dwellings conflict with state standards;
WHEREAS, Government Code Sections 65852.2 and 65852.22 were amended
by AS 881 and AB 65, respectively, to revise the requirements for the development of
“accessory dwelling units” and “junior accessory dwelling units,” effective January 1,
2020;
WHEREAS, Government Code Section 65852(a)(4) as amended by AB 881 will
deem null and void any existing ordinance that is inconsistent with the standards set
forth in Government Code Section 65852(a) or fails to provide an approval process that
includes only ministerial provisions for the approval of accessory dwelling units;
WHEREAS, there is an urgent need for Glendale to adopt an ordinance to
establish interim standards, criteria and procedures for ministerial approval of accessory
dwelling units and junior accessory dwelling units prior to the effective date of AB 881
which may otherwise have the effect of voiding some of the City’s existing regulatory
scheme;
WHEREAS, the City of Glendale adopted Housing Element 2014-2021 of the
General Plan on January 28, 2014 and this Element was certified by the State
Department of Housing and Community Development on February 24, 2014;
WHEREAS, Government Code Section 65852.2 declares that accessory
dwelling units in areas zoned to allow single-family or multifamily dwelling residential
uses do not exceed the allowable density for the lot upon which the accessory dwelling
unit is located, and that accessory dwelling units are a residential use that is consistent
with the existing general plan and zoning designation for the lot;
WHEREAS, the development of accessory dwelling units will further local,
regional and state goals for meeting the RHNA requirement expressed in Housing
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Element 2014-2021 provided the City has a mechanism to allow tracking of accessory
dwelling units;
WHEREAS, Housing Element 2014-2021, contains Policy 1.9 “Encourage
flexibility in the Zoning Ordinance to promote a wide range of housing types”; Policy 1.2
“Assure that affordable housing is dispersed throughout the City while recognizing the
potential for the integration of market~rate and affordable units within individual
projects”; Policy 2.10 “Respect scale, historic continuity, and a sense of community in
new residential development”; and, Policy 6.10 “Encourage the use of sustainable
building practices in residential developments” and permitting accessory dwelling units
implements these policies;
WHEREAS, the Greener Glendale Plan for Community Activities was adopted by
the City Council of the City of Glendale on March 12, 2012 for the purposes of
promoting sustainable practices and establishing greenhouse gas reduction strategies
in accordance with AB 32 (2006) and SB 375 (2008);
WHEREAS, the Greener Glendale Plan for Community Activities Objective UD4
directs Glendale to continue to promote irif ill development to increase sustainability and
livable environment and permitting accessory dwelling units is consistent with that
objective; and
WHEREAS, Government Code Section 65852.2 requires cities to permit
accessory dwelling units in areas zoned far single family and multifamily dwelling
residential use, but allows cities to designate areas where accessory dwelling units may
be permitted based on the adequacy of water and sewer services and the impact of
accessory dwelling units on traffic flow and public safety;
NOW THEREFORE, the City Council of the City of Glendale does ordain as
follows:
SECTiON 1. The City Council of the City of Glendale finds that the above recitals are
true and correct and are hereby incorporated by reference.
SECTION 2. The City Council of the City of Glendale finds and declares that this
Ordinance establishing reasonable interim standards for permitting accessory dwelling
units and junior accessory dwelling units ministerially is consistent with the City’s
Housing Element 2014-2021, with state housing policy, and with Glendale’s adopted
greenhouse gas reduction strategies.
SECTION 3. In accordance with Government Code Section 65858(a) and Glendale City
Charter, Article VI, Section 7, and pursuant to the findings stated herein, the City
Council hereby finds that there exists a current and immediate threat to the public
health, safety, and welfare requiring this interim urgency Ordinance; (3) finds that this
Ordinance is necessary for the immediate preservation of the public peace, health, and
safety as set forth herein; and (4) declares and imposes interim regulations for the
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immediate preservation of the public health, safety, and welfare as set forth below.
This Ordinance shall expire, and its standards and requirements shall terminate 45 days
after the date of adoption of this Ordinance, unless extended by the City Council at a
regularly noticed public hearing, pursuant to Government Code Section 65858.
SECTION 4. The City Council of the City of Glendale declares that an interim ordinance
for reviewing and approving accessory dwelling units and junior accessory dwelling
units is necessary for the following purpose:
This Ordinance is intended to provide for the creation of accessory dwelling units and
junior accessory dwelling units in all area zoned to allow single-family or multifamily
residential uses in a manner that is ministerial and nondiscretionary consistent with
state law. This Ordinance shall apply to all single-family, multifamily, commercial, or
mixed-use zones on lots developed with residential dwellings.
“Accessory dwelling unit” means an attached or detached residential dwelling unit that
provides complete independent living facilities for one or more persons and is located
on a lot with a proposed or existing primary residence or multifamily building. It shall
include permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family or multifamily dwelling is or will be situated. Such units
may not be sold separately from the primary residence.
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in
size and contained entirely within a single-family residence, or within an existing
accessory structure as set forth in Government Code Section 65852.2(e)(1)(A)(i). A
junior accessory dwelling unit may include separate sanitation facilities, or may share
sanitation facilities with the existing structure. Such units may not be sold separately
from the primary residence. A junior accessory dwelling unit shall require owneroccupancy at outlined in Section 10, Paragraph C.
SECTION 5. The City Council of the City of Glendale makes the following findings that
establishment of interim standards for ministerial approval of accessory dwelling units
and junior accessory dwelling units is compliant with the intent of state housing law:
A. Accessory dwelling units and junior accessory dwelling units are located on lots
developed or proposed with dwelling units in areas zoned for single-family and
multifamily residential (including mixed-use residential) and can provide an important
source of affordable housing. For purposes of this Ordinance, the existing one
residential dwelling on property zoned single family residential or property with an
existing single family dwelling on it shall also be known as the primary dwelling.
B. Establishing reasonable interim regulations for accessory dwelling units and junior
accessory dwelling units is an appropriate mechanism to properly balance the needs
of additional affordable housing and complying with State law with the need to
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maintain existing architectural character, community character and neighborhood
quality of life.
C. Accessory dwelling units and junior accessory dwelling units are not considered for
purposes of General Plan density calculation.
D. This Ordinance is necessary to ensure review and compliance with applicable
zoning and safety standards.
E. Accessory dwelling units and junior accessory dwelling units are subject to zoning
standards for setback, floor area ratio, lot coverage, height, parking, and
landscaping as the primary residential dwelling, or dwellings, except as otherwise
set forth in this Ordinance.
SECTION 6. The City Council of the City of Glendale establishes the following interim
process for reviewing accessory dwelling units and junior accessory dwelling units:
A. Application. An application for an accessory dwelling unit permit and junior
accessory dwelling permit shall be required and the property owner shall sign the
application. The following items are necessary to allow review of an accessory
dwelling unit and junior accessory dwelling unit:
1. Site Plan The scale of the site plan shall be large enough to show clearly all
details thereof, and shall show:
A. Site address, zone, lot size, location of the existing residential dwelling,
garage, accessory buildings and structures and the location of the proposed
accessory dwelling unit(s) and junior accessory dwelling unit.
B. Square footage of all existing and proposed buildings and structures.
C. Dimensions of existing and proposed setbacks, lot coverage, landscaping,
walls, driveways, and building and wall heights.
D. Location, size and number of parking spaces.
E. Property owner name and signed affidavit that the property owner resides at
the site address.
—
2. Architectural drawing showing existing and proposed buildings and modifications,
location of entrances, required parking, driveways, windows, setbacks,
landscaping.
3. Site photos showing the residential dwelling, garage, accessory buildings and
structures, existing parking, and the area where the accessory dwelling unit(s) is
proposed.
4. If onsite parking reductions that are not allowed by right, are requested, the
applicant shall provide evidence that the project meets required criteria.
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B. The applicant may apply for plan check for the accessory dwelling unit(s) and junior
accessory dwelling unit concurrently.
C. A case planner will review the application for compliance with this Ordinance and
applicable Zoning Code standards. In the event of a conflict between this Ordinance
and a development standard in the Zoning Code, this Ordinance shall control.
D. When the accessory dwelling unit(s), junior accessory dwelling unit and the
residential dwelling comply with all the criteria established for the accessory dwelling
unit(s), junior accessory dwelling unit, and other zoning code requirements, the
planner will stamp the plans approved for the accessory dwelling unit(s) and junior
accessory dwelling unit.
E. When an accessory dwelling unit and/or junior accessory dwelling unit permit is
ready to approve, the property owner shall record the covenant and agreement. The
applicable covenant and agreement for the accessory dwelling unit(s) and/or junior
accessory dwelling unit permit shall be recorded prior to issuance of a building
permit.
F. Provided that an application for an accessory dwelling unit and/or junior accessory
dwelling unit complies with State law, including Government Code section 65852.2,
applicable sections of the Zoning Code, the Glendale Building & Safety Code, and
this Ordinance, the City shall approve said application within 60 days of the City
deeming the application to be complete if there is an existing single-family or multi
family dwelling unit on the lot. If the permit application to build an accessory
dwelling unit and/or junior accessory dwelling unit is submitted with an application to
build a new single family dwelling on a lot the City may withhold acting on the
application(s) for the accessory dwelling unit and/or junior accessory dwelling unit
until it acts on the permit for the single family dwelling including the design review
process, provided that it reviews the accessory dwelling unit.
SECTION 7. The City Council of the City of Glendale establishes the following interim
criteria to approve an accessory dwelling unit and junior accessory dwelling unit:
Criteria to Approve an Accessory Dwelling Unit and Junior Accessory Dwelling
Unit
Accessory dwelling units and junior accessory dwelling units that meet all of the
following criteria shall be approved. Proposed accessory dwelling units and junior
accessory dwelling units that do not meet all the following criteria shall be denied.
A. Accessory dwelling units shall be permitted in any zone that allows residential uses
and is developed with residential uses or, in the case of single family zones only, is
proposed to be developed with residential uses. Where two (2) or more contiguous
lots in the same ownership are developed as one (1) building site with residential
dwellings and where an accessory dwelling unit is proposed, a lot line adjustment or
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parcel map shall be required to create one lot by relocating or eliminating existing lot
lines.
B. Junior accessory dwelling units shall be permitted on lots zoned for single family
residential and developed with one residential dwelling or proposed to be developed
with one residential dwelling. Where two (2) or more contiguous lots in the same
ownership are developed as one (1) building site with residential dwellings and
where a junior accessory dwelling unit is proposed, a lot line adjustment or parcel
map shall be required to create one lot by relocating or eliminating existing lot lines.
C. Except as otherwise permitted in this Ordinance, accessory dwelling units and junior
accessory dwelling units shall comply with all of the development standards (e.g.,
setbacks, height, floor area ratio, lot coverage, parking, open space, landscaping,
etc.) set forth in Title 30 of the GMC that apply to residential dwellings.
D. In no case shall new construction of a detached accessory dwelling unit be located
between the primary residential dwelling and the street front and street side setback
line.
E. A lot with an existing accessory dwelling unit or junior accessory dwelling unit is not
entitled to build an accessory living quarters or accessory buildings, with the
exception of residential garages.
F. Short-term rentals less than thirty (30) days are prohibited for the residential dwelling
and accessory dwelling units or junior accessory dwelling units.
ci
The accessory dwelling unit and/or the junior accessory dwelling unit cannot be sold
separately from the residential dwelling.
H. Accessory dwelling units shall have a maximum square footage as follows:
1. 850 square feet; or
2. 1,000 square feet for an accessory dwelling unit that provides more than one
bedroom.
I. Notwithstanding the development standards for floor area ratio, lot coverage, and
open space (when not required for minimum landscaping requirements) set forth in
Title 30 of the GMC, an applicant shall be entitled to develop an accessory dwelling
unit that is 800 square feet or less in size provided the accessory dwelling unit
provides 4 foot minimum interior setbacks and does not exceed 16 feet in height.
J. Junior accessory dwelling units shall have a maximum square footage of 500 square
feet.
K. Notwithstanding the development standards set forth in the Zoning Code and other
provisions of this Ordinance, an applicant is entitled to develop an accessory
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dwelling unit or junior accessory dwelling unit (or as applicable, an accessory
dwelling unit and a junior accessory dwelling unit) consistent with this paragraph if it
is on a lot zoned for residential use (including residential mixed use) where only one
residential dwelling unit exists or is proposed to be built on the lot, provided the
applicant builds under either subparagraph (1) or (2) below, but not both:
1. One accessory dwelling unit or junior accessory dwelling unit shall be allowed
when all of the following apply:
a, An accessory dwelling unit or junior accessory dwelling unit shall be
located within the proposed or existing space of a single family dwelling or
existing space of an accessory building and may include an expansion of
an accessory building not to exceed 150 square feet beyond the same
physical dimensions as the existing accessory building. An expansion
beyond the physical dimensions of the existing accessory building shall be
limited to accommodating ingress and egress;
b. The space has exterior access from the proposed or existing single-family
dwelling;
c. For fire safety purposes, at least one of the existing interior setbacks has
minimum of 3 feet; and
d. The junior accessory dwelling unit complies with all other junior accessory
dwelling unit requirements outlined in this Ordinance.
2. One detached, new construction, accessory dwelling unit shall be allowed
where all of the following apply. This provision may be combined to allow a
junior accessory dwelling unit in the manner described in subparagraph (1)
above only where one residential dwelling unit exists, or is proposed to be
constructed at the same time as the accessory dwelling unit and junior
accessory dwelling unit and subject to:
a. A minimum 4 foot interior setback;
b. A maximum square footage of 800 square feet; and
c. A height limit of 18 feet.
L. Notwithstanding the development standards set forth in the Zoning Code and other
provisions of this Ordinance, an applicant is entitled to build accessory dwelling units
on lots zoned for residential (including residential mixed use) and developed with
existing multiple residential dwelling units as follows, provided the accessory
dwelling units do no e~ceed 800 square feet in size and the applicant builds under
either subparagraph (1) or (2) below, but not both:
1. At least one accessory dwelling unit and up to 25 percent of the existing
multifamily dwelling units shall be allowed for multiple accessory dw.~lling
units within portions of existing multifamily dwelling structures (not within
existing dwelling units) that are not used as livable space, including, but not
limited to, storage rooms, boiler rooms, passageways, attics, basements, or
garages, if each unit complies with state building standards for dwellings; or
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2. No more than 2 detached accessory dwelling units with a height limit of 16
feet and minimum 4 foot interior setbacks.
M. Alterations or additions to any existing building which propose an increase in floor
area up to the square footage limits described above and do not propose an
additional story and/or change to a façade, including addition of a door, directly
facing a street may be permitted to accommodate an accessory dwelling unit or
junior accessory dwelling unit.
N. No additional setback shall be required for an existing living area or accessory
building or a building constructed in the same location and to the same dimensions
as an existing building that is converted to an accessory dwelling unit, and a setback
of no more than four feet from an interior lot line shall be required for an accessory
dwelling unit that is not converted from an existing building constructed in the same
locations and to the same dimensions as an existing building.
0. Additions of an accessory dwelling unit above of an existing detached accessory
garage is permitted provided the height does not exceed 25 feet (plus 3 feet for any
roofed area having a minimum pitch of 3 feet in 12), that new construction has at
least a 4-foot interior setback and has a maximum square footage of 500 square
feet. Any accessory dwelling unit located above a detached garage shall be
supported solely by the primary walls of the existing garage building.
P. An accessory dwelling unit shall include:
1. A bathroom.
2. A kitchen.
3. Independent access.
4. Comply with building codes, including sufficient setbacks for fire.
5. May not be smaller than identified in Section 17958.1 of the California Health
& Safety Code.
6. Must be served by utilities, including sewer, water and electric.
Q. A junior accessory dwelling unit shall include:
1. An efficiency kitchen, which shall include a sink and a cooking facility with
appliances and a food preparation counter and storage cabinets that are of
reasonable size in relation to the size of the junior accessory dwelling unit.
2. Independent access.
3. Comply with building codes, including sufficient setbacks for fire.
4. May not be smaller than identified in Section 17958.1 of the California Health
& Safety Code.
5. Must be served by utilities, including sewer, water and electric.
R. A junior accessory dwelling unit may include separate sanitation, or may share
sanitation facilities with the existing structure.
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S. Fire sprinklers shall be required for the accessory dwelling unit or junior accessory
dwelling unit if fire sprinklers are required for the residential dwelling.
T. For properties listed on the California Register of Historic Places, the Glendale
Register of Historic Properties, any property in an adopted or nominated historic
district overlay zone, or any property identified as significant or potentially significant
on a historic survey meeting the requirements of Public Resources Code Section
5024.1(g), any exterior changes to an existing property to create accessory dwelling
units shall not be visible from the public street or sidewalk right-of-way immediately
adjacent to the property and shall not alter any defining historical characteristic. This
paragraph (T) shall not apply to any accessory dwelling unit or junior accessory
dwelling unit that qualifies for and seeks approval under paragraph K or L of Section
.7.
U. The property owner shall pay all sewer, water, school district, and other applicable
fees.
V. Notwithstanding Chapter 4.10 and any development impact fee resolutions adopted
thereunder:
1. Any accessory dwelling unit under 750 square feet shall be exempt from any
Development Impact Fee, including the Parks and Libraries Development Impact
Fee; and
2. Any accessory dwelling unit of 750 square feet or greater on lots developed
where only one residential dwelling unit exists, or is proposed, on a lot shall be
charged a Parks and Library Development Impact Fee in an amount proportionally
related to the square footage of the primary dwelling unit, not to exceed $4,700.00.
3. On lots developed with existing multiple residential dwelling units an accessory
dwelling unit shall pay a Parks and Library Development Impact Fee of $4,70O~0O.
W. The property owner may install new or separate utility connections between the
accessory dwelling unit(s) or junior accessory dwelling unit and the utility, and pay all
applicable connection fees or capacity charges, except if the accessory dwelling unit
or junior accessory dwelling unit is located within the existing space of the residential
dwelling and has independent access or is located within an existing, permitted
accessory building.
X. An accessory dwelling unit or junior accessory unit shall not be considered a new
residential use for purposes of calculating connection fees or capacity charges for
utilities, including water and sewer, unless the accessory dwelling unit or junior
accessory dwelling unit is constructed with a new single-family dwelling.
V. When an accessory dwelling unit or junior accessory dwelling unit qualifies under
paragraph K or L of Section 7, installation of new or separate utility connections,
including related connection fees or capacity charges, directly between the
accessory dwelling unit or junior accessory dwelling unit shall not be required unless
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the accessory dwelling unit or junior accessory dwelling unit was constructed with a
new single-family dwelling.
Z. When an accessory dwelling unit or junior accessory dwelling unit qualifies under
paragraph K or L of Section 7, the property owner may require a new or separate
utility connection directly between the accessory dwelling unit and the utility.
Consistent with Section 66013, the connection may be subject to a connection fee or
capacity charge that shall be proportionate to the burden of the proposed accessory
dwelling unit or junior accessory dwelling unit, based upon either it’s square footage
or the number of it drainage fixture units values, as defined in the Uniform Plumbing
Code adopted and published by the International Association of Plumbing and
Mechanical Officials, upon the water or sewer system. This fee or charge shall not
exceed the reasonable cost of providing service.
SECTION 8. The City Council of the City of Glendale establishes the following interim
criteria for architectural compatibility to approve an accessory dwelling unit:
Additional Standards to Approve an Accessory Dwelling Unit and Junior
Accessory Dwelling Unit
A. Exterior modifications to an existing primary residence or accessory building that
increases floor area shall be architecturally compatible with the existing primary
residence including use of matching paint, matching or complementary building
materials, consistent rooflines, and other compatibility standards in Chapter 30.47,
unless compliance with this Section precludes the development of an accessory
dwelling unit or junior accessory dwelling unit that qualifies under Paragraph K and L
of Section 7.
B. A detached accessory dwelling unit in a newly constructed building shall not be
between the primary residential dwelling and the street-front or street side setback
line.
C. A detached accessory dwelling unit shall not exceed 16 feet in height except that a
conversion of a detached accessory garage may add a second story which shall not
exceed 25 feet (plus 3 feet for any roofed area having a minimum pitch of 3 feet in
12 feet).
D. No passageway shall be required between an entrance of the accessory dwelling
unit and the street right-of-way as defined in State law.
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SECTION 9. The City Council of the City of Glendale establlshes the following interim
parking criteria to approve an accessory dwelling unit:
Parking Criteria to Approve an Accessory Dwelling Unit
A. Off-street parking for an accessory dwelling unit shall comply with the following
standards:
1. A maximum of one off-street parking space shall be provided per accessory
dwelling unit or per bedroom, whichever is less, except as otherwise provided
in this Ordinance.
2. Any uncovered parking space shall have a minimum width of 8 feet and a
length of 18 feet.
3. Parking may be located in any configuration on the same lot as the accessory
dwelling unit, including covered spaces, uncovered spaces, or tandem
spaces, or by the use of mechanical automobile parking lifts.
4. If a mechanical automobile parking lift is used, it shall be enclosed and may
not be located within any setback area.
5. An uncovered parking space may be located within setback areas on an
existing driveway and shall not encroach on the public right-of-way.
6. A covered or enclosed parking space shall comply with zoning standards.
B. An accessory dwelling unit shall share the driveway with the existing primary
residential dwelling. The driveway to the primary residential dwelling may be
modified to accommodate onsite parking and shall comply with Section 30.32.130.
A separate driveway for the accessory dwelling unit shall not be provided, except
where the lot is adjacent to an alley, in which case a driveway to the alley may be
added to serve the accessory dwelling unit.
C. On shared driveways that provide access for multiple lots, such as flag lots, parking
shall not be permitted on portions of the driveway that are used to provide access to
more than one lot.
D. No onsite parking is required for an accessory dwelling unit when one or more of the
following is applicable:
1. The property is located within one-half mile walking distance of a public transit
stop.
2. The property is listed on the California Register of Historic Places, Glendale
Register of Historic Properties, or any property in an adopted historic district
overlay zone with a building identified as a contributing building or structure in
an adopted historic resources survey.
3. When the accessory dwelling unit is located within the existing primary
residence or accessory living quarters.
4. When on-street parking permits are required but not offered to the occupant
of an accessory dwelling unit.
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5. When there is a car share vehicle lot, such as ZIP car, located within one
block of the accessory dwelling unit.
6. When it is a junior accessory dwelling unit.
7. When an accessory dwelling unit qualifies for approval under Paragraph K
and L of Section 7.
SECTION 10.
The City Council of the City of Glendale establishes the following
interim requirement that a covenant and agreement be recorded for an accessory
dwelling unit and/or junior accessory dwelling unit prior to issuance of a building permit:
A covenant and agreement shall be executed by the property owner and shall contain
the following:
A. The accessory dwelling unit and junior accessory dwelling unit shall not be sold
separately from the primary residential dwelling.
B. All required onsite parking for the lot identified in the accessory dwelling unit permit
shall remain available for the primary residential dwelling and accessory dwelling
unit and shall not be rented separately to non-residents.
C. For properties with junior accessory dwelling units, at all times, the property owner
shall comply with one of the following requirements: (i) the property owner must be
an owner-occupant and reside in either the residential dwelling or in the junior
accessory dwelling unit, or; (ii) if the property owner does not reside in either the
residential dwelling or the junior accessory dwelling unit, then the property owner
shall only rent or lease the property as a single rental property and shall not rent or
lease the residential dwelling and junior accessory dwelling unit separately from
each other.
D. Short-term rentals less than thirty (30) days are prohibited for the primary residential
dwelling, accessory dwelling unit, and junior accessory dwelling unit.
E. The accessory dwelling unit and junior accessory dwelling unit permit shall run with
the land and the accessory dwelling unit and junior accessory dwelling permit is
binding and enforceable on future property owners.
F. The accessory dwelling unit and junior accessory dwelling unit shall be removed at
the expense of the property owner if the accessory dwelling unit permit or junior
accessory dwelling unit is terminated or upon violation of this Ordinance or upon
cessation of the primary land use as a single-family residential dwelling or
multifamily residential dwellings.
SECTION 11: Pipeline Projects
Accessory dwelling unit permit applications which have been submitted to plan check
prior to the adoption of this Ordinance shall be reviewed under the zoning rules and
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regulations which were in effect on the day prior to adoption of this ordinance. The
foregoing notwithstanding, any applicant may make a request in writing to the Director
of Community Development that his or her application be reviewed under the zoning
rules and regulations as amended by this Ordinance.
SECTION 12: Compliance with California Environmental Quality Act.
The City Council hereby finds that this interim zoning ordinance implements the
provisions of Government Code Section 65852.2 and is therefore exempt from the
California Environmental Quality Act pursuant to Public Resources Code Section
21080.17 and California Code of Regulations, Title 14, Chapter 3, Section 15282(h).
SECTION 13. Severability.
This Ordinance’s provisions are severable. If any portion of this Ordinance or its
application to any person or circumstance is held invalid or unconstitutional, that
decision does not affect the validity of the Ordinance’s remaining portions and the
Ordinance’s application to other persons and circumstances. The City Council declares
that it would have passed the remainder of this Ordinance without the invalid or
unconstitutional provision.
SECTION 14. Urgency Measure.
By making the findings of the hereinbefore findings of fact, which facts are hereby
declared fo constitute an urgency, for the immediate preservation of the public health,
safety or welfare, this Ordinance is hereby declared to be an urgency measure and shall
become effective on .January 1,2020.
Adopted by the Council of the City of Glendale on the
lath day
of
December,
2019.
(2~~
AHE$4:)
City
ark
flint4
APPROVED A~ TO FORM
/
1
!9t’~ ‘ORNEY
DATE________
13
F:\FiieNet Copy\MJG’Jnterim Accessory Dwelling Unit Ordinance 12-2019 FINAL.doc
STATE OF CALIFORNIA)
SS.)
COUNTY OF LOS ANGELES)
I, Ardashes Kassakhian, City Clerk of the City of Glendale, certify that the foregoing
Ordinance No.
5939
was passed by the Council of the City of Glendale,
California, by a vote of four-fifths (4/5ths) of the members thereof, at a regular meeting
held on the 10th day of
December
,2019, by the following vote:
Ayes:
Agajanian, Devine~ Oharpetian, Quintero, Najarian
Noes:
None
Abstain:
None
Absent:
None
A
City Clerk
14
FAFIIeNet GopyWJG~Interim Accessory Dwelling Unit Ordinance ~2-2O19 FINAL.dot
/Qw~ion
f
EXHIBIT 2
Joint
9
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE:
City Council ~ Housing Authority 9 Successor Agency C Oversight Board 9
December 3, 2019
AGENDA ITEM
Report: Consideration of Urgency Legislation Regarding Accessory Dwelling Units
1)
Motion Initiating Amendments to the Glendale Municipal Code Pertaining to
Accessory Dwelling Units and Junior Accessory Dwelling Units
2) Intro, of an Urgency Ordinance of the Council of the City of Glendale, California
Establishing Interim Standards and Ministerial Processes for Reviewing and
Approving Applications for Accessory Dwelling Units and Junior Accessory
Dwelling Units
3) Motion Providing Direction to Staff regarding Potential Refunds of Parks and
Libraries Development Impact Fees
CQLJNCILACTION
Public Hearing
C
Ordinance
Approved for ~~st4~€t
9
Consent Calendar 9 Action Item ~ Report Only C
3 ~ 1M ~I
calendar
ADMINISTRATIVE ACTION
Submitted by:
Philip Lanzafame, Director of Community Development
Prepared by:
Michael J. Garcia, City Attorney
Kristen Asp, Principal Planner
Approved by:
Yasmin Beers, City Manager
Reviewed by:
Roubik Golanian, Assistant City Manager
Michael J. Garcia, City Attorney
Signature
S~
Erik Krause, Deputy CDD Director/Planning
Onnig Bulanikian, Director of Community Sew. & Parks
Michele Flynn, Director of Finance <&4A-’ frk.
____________________
2
RECOMMENDATION
It is recommended that City Council review changes to State law pertaining to
accessory dwelling units and junior accessory dwelling units and introduce an Urgency
Ordinance implementing consistent standards and processes to be in effect on January
1,2020.
BACKGROUND/ANALYSIS
On October 9, 2019, in addition to other legislation impacting accessory dwelling units,
the Governor signed Assembly Bill No. 881 (“AB 881”) and Assembly Bill No.68 (“AB
68”) amending State law pertaining to accessory dwelling units (“ADUs”) and junior
accessory dwelling units (“JADUs”). These bills will require the City to amend its
standards and processes for the review and approval of ADUs/JADUs.
Summary of Changes to Primary ADU statutes (Gov’t Code §~65852.2 and 65852.22’)
Among other provisions AR 881 (excerpt attached as Exhibit 1) amends State law
related to ADUs by (i) amending the development standards and processes local
agencies may impose on ADU construction, (ii) creating four classes of ADUs that local
agencies must approve regardless of compliance with development standards, and (iii)
eliminating or substantially modifying the amount of development impact fees làcal
agencies may impose on ADU/JADU construction.
Designation of Areas and Development Standards
AS 881 amends the minimum criteria, standards and processes that may be imposed
on ADUs/JADUs generally. AS 881 does the following:
•
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•
•
Limits the criteria local agencies may use to designate areas within a jurisdiction
where ADUs may be permitted only to criteria related to the adequacy of water
and sewer services and the impact of accessory dwelling units on traffic flow and
public safety;
Continues to permit local agencies to impose development standards on ADUs
including parking, height, setback, landscape, design review, maximum unit size
(subject to limitations), and standards to prevent impacts to historic resources;
Continues to provide that ADUs/JADUs cannot be considered for purposes of
General Plan density consistency;
Prohibits imposition of a minimum lot size for ADUs;
Requires ADUs to be permitted on lots zoned for single family and multifamily
use;
ReqUires ADUs to be permitted in all existing accessory structures, not just
existing garages;
Expands the allowance of nonconforming setbacks from existing garages to
existing “living area or accessory structure or a structure constructed in the same
location and to the same dimensions as an existing structure.”
Amends the minimum interior setbacks (side yard and rear yard) to four feet
(from five feet) for any ADU that is not converted from an existing structure or a
3
•
•
•
•
•
•
•
new structure not constructed in the same location and to the same dimensions
as an existing structure;
Whereas the current law permits cities to require replacement parking where a
garage, carport or covered parking structured is demolished or converted to
make way for an ADU but permits such replacement parking to be provided in
any configuration including uncovered and tandem parking, AB 881 will prohibit
cities from requiring replacement parking when a garage, carport or covered
parking is demolished or converted to make way for an ADU;
Current law requires cities to exempt ADUs from parking requirements if the ADU
is within ½ mile of public transit:
o AS 881 clarifies that the distance is to be measured in walking distance;
o AB 881 defines “public transit” to include bus stops or train stations.
Requires a completed application for an ADU or JADU to be acted upon within
60 days (rather than 120 days) if there is an existing single family or multifamily
dwelling on the lot and provides that it shall be deemed approved if the local
agency has not acted upon the application within 60 days;
o If the ADU or JADU is proposed in conjunction with the development of a
new single family home, the City may delay acting on the ADU/JADU
permit until the City acts on the permit for the single family home
(including the design review process) but must still approve the
ADU/JADU ministerially;
o The City may wait to issue the certificate of occupancy for the ADU/JADU
until the certificate of occupancy for the single family home is ready to
issue.
For the effective period of AS 881 (January 1, 2020 through December31,
2024), local agencies may not impose a requirement on ADU approval that the
owner live in either the primary dwelling or the ADU/JADU;
o Note that this prohibition is prospective only; any owner-occupancy
covenant executed prior to January 1, 2020 is enforceable; and
o The owner-occupancy requirement can be enforced on properties with
JADUs.
Provides that an ordinance that does not comply with subdivision (a) of Section
65852.2 (summarized above) is null and void;
Provides that a local agency may not impose a maximum square footage
requirement for either an attached or detached ADU that is less than either (i)
850 square feet or(ii) 1,000 square feet for an ADU that has more than one (1)
bedroom; and
Provides that a city cannot impose limits on unit size, lot coverage, FAR, or open
space that does not permit at least an 800 square foot ADU not more than 16
feet in height with four-foot side and rear side yard setbacks to be constructed in
conformance with all other development standards.
4
Mandatory ADU approvals
AB 881 also implements a new provision of the ADU statute, Government Code Section
65582.2(e) that creates four types of ADUs that local agencies must approve
notwithstandinci compliance with development standards, as follows:
(1)
One ADU or JADU within a proposed or existing single family dwelling if
all of the following apply:
o The ADU or JADU is within the space of a proposed or existing single
family dwelling or existing space of an accessory structure and may
include an expansion of no more than 150 square feet of an accessory
structure solely for the purpose of accommodating ingress and egress;
o The ADU/JADU (if attached to the primary dwelling) has exterior access
from the proposed or existing single family dwelling;
o The interior setbacks are “sufficient” for fire and safety; and
o The JADU complies with Gov’t Code section 65852.2.
(2)
One detached, new construction ADU that is not more than 800 square
feet in size, subject only to a 16-foot height limit and four-foot interior (side and rear
yard) setbacks, on a lot with a proposed or existing single family house.
o A property with this type of detached, new construction ADU may also
have a JADU attached to the proposed or existing single family dwelling or
existing accessory structure as outlined in (1) above.
(3)
Multiple ADUs within portions of existing multifamily dwelling structures
not used as livable space including but not limited to storage rooms, boiler rooms,
passageways, attics, basements or garages, if each complies with State building
standards for dwellings:
o The local agency must allow at least one ADU in this configuration and
must allow up to 25% of the existing multifamily dwelling units.
o Example: For an eight-unit multifamily building, a local agency must allow
at least one ADU and up to two (2) ADUs within existing non-livable space
assuming said ADUs comply with State building codes.
(4)
Not more than two (2) ADUs on a lot that has an existing multifamily
dwelling building, subject to a 16-foot height limit and four-foot interior setbacks:
o Example: A property has an existing duplex on it. The owner may add
two (2) detached ADUs subject to unit size, setback and height limits
discussed above.
For these four types of mandatory ADU5/JADUs, among other provisions, a local
agency may not require the correction of nonconforming zoning conditions as a
condition of permit approval.
5
Impact Fees
AB 881 imposes new restrictions on the imposition of development impact fees:
•
Local agencies may not impose development impact fees, including Quimby
Fees, on ADUs less than 750 square feet in size; and
• For ADUs 750 square feet or larger, local agencies may only impose
development impact fees proportionately in relation to the square footage of the
primary dwelling unit.
o Example: If a primary dwelling is 1600 square feet in size, and the
property owner proposes an ADU that is 800 square feet in size, the local
agency may only assess a development impact fee equal to 50% of the
amount of the impact fee assessed to the primary dwelling.
The statute is seemingly silent as to ADUs proposed for multifamily properties.
The City assesses a Parks and Libraries development impact fee (DIF) in the amount of
$4,700 per ADU, compared to $21,828 per single family dwelling and $18,751 per
multifamily dwelling unit.
For ADUs less than 750 square feet, the City will be precluded from imposing the Parks
and Libraries DIR For ADUs 750 square feet or larger, the City’s DIF is set at an
amount that is likely less than the formula would allow. The City would need to modify
its standard to be in line with the formula described above, but could cap the fee at
$4,700 or impose a different fee provided it complies with this new State law provision.
AB 68— Junior Accessory Dwelling Units
AB 68 provides a revised definition of JADUs under Government Code Section
65582.22 and minimum state development standards. AB 68 defines a JADU as a “unit
that is no more than 500 square feet in size and contained entirely within a single-family
residence. A junior accessory dwelling unit may include separate sanitation facilities, or
may share sanitation facilities with the existing structure.” Per AB 881, a JADU may
also be within an existing accessory building/structure. Although the statute is far from
a model of clarity, it appears that these standards are minimum and that the City may
impose additional requirements provided it allows for ministerial approval of JADUs that
are 500 square feet or less that comply with the standards in the ADU statute
(~65852.2).
Other State ADU legislation
Other state legislation in addition to AB 881 and AS 68 impacts ADUs and/or JADUs,
including:
•
SB 13: Provides that owners of ADUs built before January 1, 2020 (or after
January 1, 2020 in a jurisdiction that has a noncompliant ordinance at the time of
6
construction) may request delayed enforcement of any violation of a building
standard for a period of up to five (5) years and a city must approve such request
if it determines that correcting the violation is not necessary to protect health and
safety. This law expires on January 1, 2035 and no enforcement delays may be
granted after January 1, 2030
• SB 670: Voids Covenants, Conditions & Restrictions (CC&Rs) that prohibit or
unreasonably restrict ADUs or JADUs.
• SB 671: Requires a local gov9mment to include a plan in its housing element to
“incentivize” and promote the creation of ADUs that can be offered at an
affordable rent for very-low, low and moderate-income households.
• AB 587: Creates an exception to the general rule that prohibits the separate sale
or conveyance of an ADU from the primary dwelling where:
o A qualified nonprofit develops the property;
o A qualified low or moderate income buyer occupies the primary residence;
o The qualified buyer first offers option to purchase to the nonprofit
corporation if buyers sells in the future;
o An affordability restriction recorded against the property for 45 years;
o A’ separate utility connection can be required; and
o This exception is permissive only, meaning a city can adopt an ordinance
allowing the separate conveyance of an ADU meeting these criteria but is
not required to do so.
Initiation of Zoning Code Changes
Council can initiate amendments to the Glendale Municipal Code (GMC) to implement
zoning and standards consistent with AS 881 and AB 68. Council may consider
whether to direct staff to identify if there are any areas— based on water and sewer
capacity, as well as public safety and traffic flow concerns that it may want to
generally preclude ADUs. For example, it was suggested in prior meetings that there
may be some neighborhoods based on terrain and narrow street widths where the
addition of ADUs may impede or exacerbate conditions affecting emergency access
and traffic. These would appear to be appropriate criteria to address in a permanent
ordinance. It must be noted, however, even if an ordinance amending the Code
ultimately precludes ADUs generally in certain areas, it appears that the City will
nevertheless be required to approve ADU/JADU applications in all residentially zoned
areas of the City that meet the criteria of mandatory ADU/JADU described above.
—
Introduction of Urgency Ordinance to Implement Interim Standards
In order to ensure the City has development standards that comply with AB 881 as of
January 1, 2020, it is recommended that the Council consider and adopt an Urgency
Ordinance implementing interim standards compliant with State Law. A proposed
Urgency Ordinance is included for introduction. Adoption will require 4 affirmative votes
of the Council at a subsequent regular meeting. The draft Urgency Ordinance includes
the provisions that are consistent with State law, effective January 1, 2020, including the
following provisions:
7
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Permits ADUs/JADIJs in all areas zoned to allow single-family and multifamily
residential uses (including commercial and mixed use zones) on lots developed
with residential dwellings;
Requires an owner-occupancy covenant for ADUs and JADUs, but provides that
the owner-occupancy requirement for ADUs is suspended and not enforceable
from January 1, 2020 through December31, 2024;
Permits conversion of existing accessory buildings into ADUs (as opposed to
existing accessory “structures” which do not necessarily have roofs under the
GMC) in accordance with state law and subject to applicable development
standards;
Prohibits an owner of lot with an ADU/JADU from building an accessory living
quarters or accessory buildings, with the exception of residential garages;
Prohibits ADUs/JADUs from acting as short-term rentals;
Provides maximum unit size of 850 square feet and 1,000 square feet for an
ADU that provides more than one (1) bedroom, subject to compliance with all
other development standards;
Authorizes and requires approval of the four types of mandatory ADU approvals
discussed above in areas zoned for residential or mixed-use residential;
Permits additions of ADUs above existing detached accessory garages provided
the height does not exceed 25 feet (plus 3 feet for certain pitched roofs), with a
four-foot minimum interior setback and maximum unit size of 500 feet. The City
is not required to allow addition of ADUs on top of garages so it has more
flexibility on the unit size here. Staff’s recommendation to reduce ADUs above
garages to 500 square feet stems from experience with some proposals that, in
an attempt to maximize at the 600 square foot ADU limit, resulted in a more
massive two-story structure that was out of scale with the existing single-family
property. The majority of second story ADUs proposed demolition of the existing
two-car garage to build much larger, three-car garage to support the new ADU
above. Limiting ADUs to 500 square feet would help to mitigate some of this
second floor massing to surrounding neighbors and would be consistent with
existing accessory building and structure limits in the Zoning Code;
Will require JADUs to have a sink;
In accordance with State law, will permit JADUs to include separate sanitation
facilities with the existing structure, or share sanitation facilities with the existing
structure;
Will only require fire sprinklers in the ADU/JADU when required for the primary
dwelling;
Prohibits detached new construction ADUS located between the primary
residential dwelling and the street-front or street side setback line;
Except for mandatory ADU/JADU approvals pursuant to subdivision (e) of
Government Code section 65852,2, for properties (i) listed on California Register
of Historic Places or Glendale Register of Historic Properties, (ii) identified as
significant or potentially significant on a historic resources survey meeting the
requirements of Public Resources Code 5024.1, or (iii) within an adopted or
nominated historic district, any exterior changes to an existing property to create
8
•
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•
•
an ADU must not be visible from the public Street or sidewalk right-of-way
immediately adjacent to the property and shall not alter any defining historic
characteristic;
Prohibits an ADU/JADU from being considered a new residential use for
purposes of calculating connection fees or capacity charges for utilities, unless
the ADU/JADU is constructed with a new single-family dwelling;
For ADUs/JADUs subject to mandatory approval, the Ordinance prohibits
requirement of new or separate utility connections for ADU5/JADUs unless being
built in cOnjunction with a single family dwelling;
Provides the formula for connection lees or capacity charges when an owner
elects to provide a separate connection;
Provides for architectural compatibility between primary dwelling and ADUs,
when such requirements may be required per State law;
Provides the parking ratios and exceptions permifted by State law; and
For development impact lees:
o Exempts units of 750 square feet or less;
o For ADUs on single family properties, provides that the fees shall be in
proportion of the size of the ADU to the size of the single family dwelling,
but not more than $4,700; or
c For ADUs on properties with more than one dwelling, the fee shall be
$4,700.
Further Impact Fees Discussion
—
Potential Refunds
The Council also requested a discussion of whether the City should refund Parks and
Libraries Development Impact Fees (DIF) for ADUs that have received a permit to
construct an ADU but have not yet received a certificate of occupancy. As noted above,
the development impact fee for ADUs is currently $4,700 per ADU. There are currently
83 ADUs that have been issued permits that have not received certificates of
occupancy. Since the City’s maximum unit size is currently 600 square feet, all 83 of
those units would have qualified to be completely exempt from the DIP under the new
law as they are all less than 750 square feet. Staff seeks Council direction whether to
refund the DIF for those applicants who have been issued a permit to construct an ADU
but have not yet received a certificate of occupancy. The DIF is intended to mitigate the
impacts of new residential construction on the City’s parks and libraries. The DIF for
ADUs was reduced to $4,700 to take into account the smaller unit size associated with
ADUs and a corresponding reduction in impacts to parks and libraries. Refund of the
DIF for the 83 ADU units that are permitted, but not yet final, will result in a refund of•
$390,100 from the DIP Fund. If Council provides direction to refund the DIF collected
on ADUs, staff will prepare a resolution for future Council consideration and adoption.
FISCAL IMPACT
The fiscal impact of revised ADU/JADU legislation will be associated with permitting,
inspection and enforcement, which will depend on the level of increased ADU
construction activity, which is difficult to estimate at this time. In the approximately three
years since the City authorized ADU construction, the City has issued 166 permits for
9
ADUs, of which 83 have received certificates of occupancy, while the other 83 have riot
yet received certificates of occupancy. Another 112 permit applications are currently
open. No changes to ADU permit fees are proposed at this time. Permit fees are $307
for ADU review and building permit fees are in the range of $12,000 per unit (including
D19. Given that ADUs can be larger under the new law and can be combined with
JADUs in some cases, these fees can be expected to tick slightly upward.
As noted above, refund of Parks and Libraries Development Impact Fees for ADUs with
active permits that have not received final certificates of occupancy will have a fiscal
impact of $390,100 to the Parks and Library Development Impact Fee fund.
ALTERNATIVES
Alternative 1: The Council may initiate Zoning Code Amendments and introduce and
adopt the Urgency Ordinance.
Alternative 2: The Council may decline to initiate Zoning Code Amendments or
introduce and adopted the Urgency Ordinance.
Alternative 3: The Council may initiate Zoning Code Amendments but decline to
introduce and adopt the Urgency Ordinance.
Alternative 3: The Council may consider any other alternative not proposed by staff.
CAMPAIGN DISCLOSURE
Not applicable.
EXHIBITS
Exhibit 1 Excerpt of AS 881 Governing ADUs Effective January 1, 2020 through
December 30, 2024 (strikeout, underline version)
—
Exhibit 2— AB 68 —JADUs (strikeout, underline version)
Exhibit 3—SB 13— Enforcement (strikeout, underlined version)
10
Exhibit 3
Calculation of ADU Covenant Agreement Fee
Position
-
Building Official
Principal Development Officer
Senior Administrative Specialist CDD
Senior Assistant City Attorney
Billable Rate* Hours cost
$
$
$
$
240.00
192.00
83.00
200.00
0.25 $
1.00 $
0.75 $
0.25 $
$
IRecommended Fee
*
The calculation of each billable rate is available in the Finance Department.
60.00
192.00
62.25
50.00
364.25
$ 364 00