5_Exhibits A-C - Laserfiche WebLink

that are converted to ADUs; the new state law applies to all accessory structures (not only garages). (iii) Square Footage The maximum floor area of a detached ADU is the greater of the following: 1. 800 square feet; or 2. 850 square feet for a studio or 1-bedroom and 1,000 square feet for a two or more-bedroom unit; or 3. 1,200 square feet. As mentioned above, as drafted, the PMC would require that a detached ADU exceeding any of the Minimum ADU Standards must comply with applicable floor-area-ratio maximums, minimum open space requirements, and any other applicable development regulations established by the PMC and the zoning district or planned unit development in which the property is located, which may further restrict these maximums but in no case can the ADU be restricted to less than 800 square feet. 3. Multifamily ADUs The new state law permits ADUs within multifamily developments; however, it does not define what is to be considered a multifamily development. As mentioned previously, since the rules applicable to single-family and multifamily ADUs are quite different, the amendments include a definition of multi-family development that would clearly distinguish between single-family (generally considered to only include detached housing types) and multifamily development, encompassing most types of attached units, including apartments, condominiums, townhomes and similar units. This approach is outlined in more detail in the Discussion section, below. a. Number of Permitted ADUs (see Exhibit A, PMC 18.106.020(C)] On multifamily properties, non-habitable portions of the existing structure(s), such as storage rooms, garages, and attics, are permitted to be converted to ADU(s). The modifications to the PMC indicate that a minimum of one such accessory dwelling unit is permitted, and the maximum number of such accessory dwelling units must not exceed 25 percent of the existing multifamily dwelling units located in the development project, whichever is greater. Staff's interpretation of state law is to apply 25% of the existing multifamily units in the development project to allow for an aggregated total across a development'. In development projects that have both single-family and multifamily housing types, staff proposes that the "25%" apply only to the multifamily units; any single-family units within the same development, °Staff did not interpret state law as being 25% of the units on the parcel since a single multifamily development may traverse multiple parcels, or to mean 25% of units in the building since a development may consist of multiple buildings. The maximum number of permitted ADUs for a given multifamily development will vary depending on the configuration of the development; in one type of development applying 25% of the existing multifamily units in the development project may yield a greater maximum number of ADUs over applying 25%to the units in the building and the converse would be true in a different development. However, staff expects that consistently utilizing any one of the approaches to establish the maximum number of ADUs will "even out"once aggregated across various development types in the city. Applying the 25% rule to the development project would facilitate tracking of the ADUs in each development, making the state law easier to administer, and is therefore staffs recommended approach. P20-0412,Accessory Dwelling Units Page 6 Exhibit C,June 24,2020 Planning Commission Agenda Report -Commercial (C-C)District also allows multifamily dwellings and thus in accordance with the new state law, must now also allow ADUs; JADUs would be allowed in existing single-family dwellings. P20-0412,Accessory Dwelling Units Page 3 Exhibit C,June 24,2020 Planning Commission Agenda Report