pages: PlanningBoard/2019-07-08.pdf, 6
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PlanningBoard | 2019-07-08 | 6 | Board Member Rothenberg shared that there are other bills being considered that pertain to the subject of ADUs, including items related to health, safety, and building quality. Board Member Cavanaugh asked what recourse residents would have if ADUs have an impact on views or sunlight on neighboring properties. Staff Member Tai said that those would not be considered an impact under state law. He added that the decisions were ministerial and exempt from CEQA. He said that during the building permit process, staff would continue to ensure that applicants meet state building code requirements. Board Member Ruiz asked if state law required owners occupy the main residence. Staff Member Tai said that the current law says cities may require owner occupancy, but there is proposed legislation to remove that permission. Board Member Ruiz asked if the 1200 square foot maximum being considered at the state level was an aggregate number for two ADUs, or if each would be permitted to be 1200 square feet. Staff Member Tai said he believed that item was still under discussion at the state level, but that staff has been thinking in terms of an aggregate 1200 square feet. He added that they are seeing many applications in the 400 square foot range, which is approximately the same as a two-car garage. He said they are not seeing many 1200 square foot ADU applications. Board Member Teague asked if the net-zero energy requirements the state is imposing beginning in 2020 would apply to modular ADUs. Staff Member Tai said that modular ADUs would have to meet California building code. Board Member Hom asked how HOA's with stricter CC&Rs regarding ADUs would be resolved with the City's ordinance. Staff Member Tai said the homeowner signed that covenant by choice. He said the City would review the application and approve it in compliance with city and state laws, but the risk would be on the homeowner if they were not in compliance with state law. He said he has not seen any state legislation discussing possibly preempting HOA rules. Board Member Curtis asked if ADUs would be exempt from the existing rental ordinance. He said that would discourage producing these units if they were subject to the rental ordinance. Approved Planning Board Minutes Page 6 of 10 July 8, 2019 | PlanningBoard/2019-07-08.pdf |