Chair Denison opened the podium for public comment on items not on the agenda. 

Seeing no one come forward, Chair Denison closed public comment.

Chair Denison disclosed that the Planning Commission did receive a calendar of school events in the first quarter for Alvero Heights Academy.

CEQA: Not a Project
Recommended Action: Provide Direction

Senior Planner Wolf presented the discussion item on updating the city's Accessory Dwelling Unit (ADU) ordinance. The update seeks to align with state ADU laws and HCD guidelines for ministerial standards, resolve conflicts, fix errors, clarify ambiguities for consistency, and support strategies to reduce constraints while encouraging more housing options.

Deputy City Attorney Homaechevarria outlined the specific state laws being implemented in the ordinance update:

• AB 1154: Removes owner-occupancy requirement for JADUs with independent bathrooms
• AB 130: Prohibits ADU-related fees in covenants/deed restrictions (not included in code changes)
• AB 462: Allows detached ADUs to get occupancy before the main home if it was destroyed in a declared emergency

Urban Lot Splits and ADU Conversions

Wolf raised concerns about urban lot splits on properties with existing homes and ADUs, noting they may require converting ADUs into single-family homes and potentially avoid fees. He added that in 2020, the city waived ADU impact fees to encourage development.

State Law Alignment and Ordinance Updates

The ordinance also incorporates recent state laws, including SB 9 and SB 543, which set timelines for submitting, reviewing, and deciding ADU applications. The update also changes ADU and JADU size limits to be regulated based on interior livable space rather than building area.

Wolf addressed cleanup actions, updating obsolete government code references, reorganizing eligibility to distinguish by-right allowances from limitations, and adding new terminology from the discretionary demolition permit ordinance regarding historic preservation standards.

Wolf proposed either distinguishing conditions for single-family versus multifamily dwellings or generalizing with "ADUs as plural" to adapt to future state law changes. Staff recommended a resubmittal timeline for incomplete applications: 90 days (currently drafted) or one year, highlighting frequent ADU law updates.

Proposed Space Definitions and Development Limits

Chair Denison noted the presentation’s complexity and suggested addressing the exemption issue first, as commissioners were confused about “proposed space” and whether it could bypass size and development limits.

Wolf clarified that under a stricter interpretation, conversions must be from already-approved proposed space, either approved by right or through applicable discretionary entitlements. Deputy City Attorney Homaechevarria noted that "proposed space" is undefined in state handbooks and the interpretation remains ambiguous.

Commissioner Brennan asked for more examples to clarify how proposals could overlap with JADUs in permit applications. Chair Denison noted that the ambiguity could allow applicants to avoid square footage limits and reduce triggers for discretionary review.

Homaechevarria noted that HCD has provided guidance to cities and that clarification could be requested on this issue.

Chair Denison noted his instinct that converted JADUs shouldn't be counted toward total square footage since conversion doesn't change the square footage by definition but acknowledged the need for HCD guidance on the matter.

Chair Denison recommended directly citing state code for definitions like “habitable area” to maintain alignment during interim changes. Wolf concurred.

Chair Denison asked whether section 17.22.020 simply repeated the ADU definition from elsewhere in the code, noting that definitions appeared in multiple locations. Wolf and Homaechevarria clarified that the section specified where ADUs are allowed, noting they are not permitted in commercial zones.

Fire Sprinkler Requirements and Size Standards

Regarding fire sprinkler requirements, Chair Denison asked about thresholds for large converted garages. Homaechevarria explained that, since fire codes change frequently, compliance is generally handled through standard fire code rather than being specifically codified.

Vice Chair Simcock suggested reorganizing the fire sprinkler section to make the "unless otherwise required by the fire department" provision more prominent as a numbered condition rather than embedded in paragraph text. Wolf agreed to revise this as a catch-all third condition.

Planning Director Lin asked for clarification about fire sprinkler requirements for large converted ADUs when the primary house doesn't have sprinklers, confirming that state law prevents requiring sprinklers for ADUs when the primary dwelling doesn't have them. She also noted that under SB 9 lot splits, a converted ADU could become a primary house without conforming to current codes as a nonconforming use.

Chair Denison questioned the 850 sq. ft. limit for attached ADUs versus 800 sq. ft. for others. Wolf noted detached conversions have no state limit, sparking debate on applying the 1,200 sq. ft. cap for new detached ADUs to conversions.

Commissioner Brennan asked which subsections apply to conversions versus new construction, and Wolf suggested revising C2 to specify "new construction" and remove "or attached" to avoid overlap with C1.

Chair Denison recommended a new subsection for detached accessory unit conversions, proposing "no maximum limit as long as it stays within the converted space." Commissioners agreed partial conversions should be permitted, like converting only the basement of a two-story garage while retaining the garage above.

Wolf warned that a "no limit" rule for conversions could block needed expansions for habitability. Chair Denison proposed using "the greater of 1,200 sq. ft. or the existing converted space," matching the detached ADU cap.

Chair Denison asked whether angle plane requirements would still apply with 4-foot setbacks, and Homaechevarria indicated they would research this interaction between development standards.

Parking Requirements and Exemption Rules

Chair Denison questioned "designated" parking for ADUs, preferring "required" to prevent reusing existing spaces. Wolf clarified spaces must be separate from the primary unit’s parking.

For parking exemptions in the R1 and Hillside Management zones, Chair Denison argued against exempting the Hillside Management zone from parking requirements due to fire safety concerns and narrow roads. The Commission agreed to remove the hillside exemption while keeping the R1 exemption.

Chair Denison asked how exemptions relate to ADU parking. Wolf explained that exempt ADUs bypass zoning limits, while larger non-exempt ADUs follow standards and parking rules.

Homaechevarria proposed renaming the ambiguous "exemptions" section to "statutory approvals" or "ministerial."

JADU Compliance Updates

Chair Denison highlighted that section 17.22.040.a.8(1) contradicts new JADU laws that permit shared bathrooms, recommending adding language for shared bathroom JADUs. Staff agreed to this amendment.

Code Corrections and Formatting Updates

On section 17.22.100.e.1, Homaechevarria noted state law sets no rebuilding deadline for damaged primary dwellings. Staff suggested linking it to the emergency period or a six-year limit. Chair Denison raised concerns about potential nonconforming situations if dwellings aren’t rebuilt.

Vice Chair Simcock noted a formatting issue where section E had only a numbered subsection 1 without a subsection 2, suggesting it should either be incorporated into section E or made into section F.

Wolf confirmed that staff had received the feedback needed regarding ambiguity portions and text amendments.

 

Community Input

Chair Denison opened the floor for community input for the Municipal Code Text Amendment (MCTA 26-01) discussion.

Senior Planner Wolf announced that no speaker cards had been submitted for Municipal Code Text Amendment (MCTA 26-01). Staff did receive a public comment online that was forwarded to the Planning Commission.

Deliberation