City Of Santa Cruz Updates 'Accessory Dwelling Unit' Ordinance

From the City of Santa Cruz:

Post Date: 12/13/2019 3:55 PM

Council passed an Urgency Ordinance to amend the City’s zoning regulations for Accessory Dwelling Units on December 10, 2019.

On Tuesday, December 10, the Santa Cruz City Council passed an Urgency Ordinance to amend the City’s zoning regulations for Accessory Dwelling Units (ADUs), which means that the new zoning standards are now in effect.

Work on further ordinance amendments will begin in spring of 2020 and will involve community outreach to discuss options and receive public input. As part of the outreach on new policy items, planning staff will also inform the community about the most recent amendments, which are summarized here. Most of these changes are necessary to bring the City’s regulations into compliance with the State Law; the amendment regarding the green building program is a local policy amendment:

Development Standard Amendment

1. The allowed size of new construction ADUs is now 50% of the size of the home (for attached ADUs) 10% of the lot size (for detached ADUs) or 800 square feet (sf), whichever is largest.
2. Conversion ADUs may be up to 1200sf regardless of the size of the parcel or home (consistent with prior practice).
3. Conversion ADUs may be expanded by up to 150sf (previous limit was 120sf), not to exceed 1200sf total, except as may be necessary to accommodate ingress and egress to the ADU.
4. Conversion ADUs can be created from a legal structure built at any time.
5. Height limit for single-story ADU is now 16’ (increase from 15’), side and rear setbacks will continue to be 3’.
6. Height limit for two-story ADUs will continue to be 22’, and setbacks are now 5’ from the side and 10’ from the rear property line (increased from 5’side and rear setbacks) for any portion of the ADU that is over 16’ in height.
   1. A 16’, two-story ADU is now allowed at a 4’ side and rear setback (previously 5’ side and rear setbacks).
   2. When facing an alley: a two-story ADU may be 22’ tall with 4’ side and rear setbacks (previously 5’ side and 10’ rear)
7. The limit on rear yard coverage will not apply to ADUs (previous limit was 30%).
8. Parking eliminated by ADU construction need not be replaced (previously replacement was usually required).
9. ADUs are now subject to the same Green Building standards as other single family homes (previously ADUs were held to a higher standard for Green Building).

Permitting Amendments

1. ADUs are required to obtain a ministerial building permit and no other discretionary or administrative permit process or standards apply to an ADU, or to the ADU portion of a larger project (previously certain ADUs triggered discretionary action when proposed as part of a larger project, or on certain properties or locations where other development requires additional permits, such as historic properties, etc.).

Land Use Policy Amendments

1. ADUs are now allowed on multi-family and mixed use property, in conjunction with any other existing residential use (previously ADUs are only allowed with Single-Family homes).
2. On Multi-family properties, up to 2 new construction ADUs (either attached or detached) is now permitted, and up to the number that equals 25% of the existing dwelling units may be added by converting non-livable space within existing multi-family buildings (previously ADUs were not allowed with a multi-family structure).
3. Jr. ADUs are now allowed as part of any owner-occupied Single-Family home (previously the City of Santa Cruz did not permit Jr. ADUs).
4. Jr. ADUs are limited to no more than 500sf in size, and must have a minimum of the following features:
   1. Attached to a single family home
   2. Exterior entrance separate from the entrance for the primary home
   3. Include a kitchenette with counter space, cabinets, and appliances
   4. Interior access to a bathroom
5. A property with a single family home is now allowed to have both an ADU and a Jr. ADU (previously single-family zoned property is eligible only for a single family home and one ADU).
6. The requirement for owner occupancy will not apply to ADUs permitted between 1/1/2020 and 1/1/2025 (previously owner occupancy of the property was required for all legal ADUs).
   1. The state legislation is not retroactive and does not affect existing ADUs.*
   2. Note that Jr. ADUs currently require owner occupancy.

Other Changes

In addition to the above, the pending legislation changes other standards that will apply to ADUs and JADUs built in the City but which do not require amendments to the zoning ordinance:

1. Reduction in Fees
   1. ADUs that are 750 sf and smaller will not be subject to any impact fees (schools, parks, water).
   2. ADUs over 750 sf must be charged impact fees that are a proportion of the fees applicable to the primary dwelling, determined as a ratio of square footage.
   3. New Construction attached ADUs are now eligible for the same exclusion from utility connection fees that was previously only available to Conversion ADUs.
2. Delay of Building Code Enforcement
   1. Until 2030, ADU owners can request the delay of enforcement of a building code requirement not necessary to protect health and safety for a period of up to five years under certain circumstances.

Visit the Planning & Community Development Department's Ordinance and Policy Page to read more about development standard , permitting , land use and other amendments related to the City's ADU ordinance that are now in effect.

Please note that these recently passed ordinance amendments did not change owner-occupancy requirements for existing ADUs.

This press release was produced by the City of Santa Cruz. The views expressed here are the author’s own.