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STRATEGIC OUTCOMES |
ACTION |
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Department: |
☒ Safe & Prosperous |
☐ Motion |
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Planning & Neighborhood Svc |
☐ Active & Appealing |
☐ Resolution |
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☐ Respected & Responsible |
☐ Ordinance - Introduction |
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Division: |
☐ Connected & Engaged |
☒ Ordinance - Adoption |
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Community Planning |
☒ Unique & Creative |
☐ Public Hearing |
TITLE:
title
Text Amendment: Accessory Dwelling Units
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SUMMARY RECOMMENDATION:
Summary Recommendation
Amend Title 15, Chapter 154, to update the placement, size and height of accessory dwellings. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
The proposed text amendment will facilitate and support the development of new housing options, increasing the opportunity to develop an accessory dwelling unit, in support of the City Council’s strategic outcomes of Safe and Prosperous and Unique and Creative.
REPORT:
The City of Yuma adopted the Accessory Dwelling Unit (ADU) ordinance on May 3, 2017, as Ordinance O2017-013. The purpose of the ADU ordinance is to expand housing opportunities for the community and provide homeowners extra income with rental units that can assist in mitigating the increases in the cost of living.
Since adoption of the first ADU ordinance, City staff has considered amendments to the code with the intent to facilitate increased options for ADU’s. This proposed text amendment addresses three issues that have arisen over time: placement, size and height. The goal of the text amendment is to address those issues and facilitate the construction of new dwelling units.
Placement
Currently the zoning code requires that any new ADU be placed at least 60 feet behind the front property line. This limitation can adversely affect the installation of an ADU on older or an irregular shaped lot. The proposed amendment is to place the ADU behind the midpoint of the primary dwelling. This will allow flexibility and let the shape and configuration of the property and primary dwelling determine the placement of the ADU rather that a one size fits all approach.
Additionally, the text amendment is intended to allow attached ADU’s in addition to detached. In some cases, the separation requirements can be difficult to meet and the City has received requests to allow attached units. It has been determined that with size and placement requirements the ADU can still be considered accessory to the primary dwelling even if attached.
Size
Currently the code identifies a sliding scale for the size of the ADU based on the size of the property or the size of the primary dwelling, whichever is less. The text amendment simplifies the maximum size of the ADU to no larger than 50% of the primary dwelling. The intent is to allow ADU’s on smaller lots, while ensuring the ADU is subsidiary to the primary dwelling.
Height
The third dimensional issue to be addressed is the height of the ADU. Currently the maximum height is 15 feet. For smaller homes, the new ADU could be higher than the primary dwelling or if the ADU is attached the new unit could be taller or significantly lower than the primary dwelling. The text amendment is intended to bring the height in line with the primary dwelling and allow the height of the ADU to be no taller than the primary dwelling.
The proposed text amendment was provided to community agencies for comment and input. One comment in support was received regarding the proposed change to the placement, size and height of accessory dwelling units.
On September 25, 2023, the Planning and Zoning Commission voted to recommend APPROVAL (5-0) of the request by the City of Yuma for a Zoning Code Text Amendment to amend Title 15, Chapter 154, to update the placement, size and height requirements for accessory dwelling units.
PUBLIC COMMENTS - EXCERPT FROM PLANNING AND ZONING COMMISSION MEETING MINUTES:
QUESTIONS FOR STAFF
“Chairman Chris Hamel said he was in favor of the text amendment.
“Commissioner Branden Freeman asked if there was any feedback received by developers in the community about the text amendment request. Jennifer Albers, Assistant Director of Planning said that this text amendment is addressing comments and concerns that City staff has heard from the public over time in pre-development meetings.
“Commissioner John Mahon asked if by limiting the ADU to 50% we are creating a hardship for a smaller older home, such as a home that is only 1,200 square feet would result in an ADU of only 600 square feet. Commissioner Mahon also asked how staff calculates the square footage of older homes where building permits may not complete. Albers responded that with regard to the square footage, the review is based on what is provided by the customer which should take into account any additions. Albers said that with regard to the size of the ADU the 50% requirement is intended to ensure that the ADU is an accessory to the existing home. Albers added that if there is a significant hardship a variance can be considered by the Hearing Officer if the request meets certain criteria.
PUBLIC COMMENT - None
MOTION
“Motion by Joshua Scott, Planning and Zoning Commissioner, second by John Mahon, Planning and Zoning Commissioner to APPROVE Case Number ZONE-41689-2023, to amend Title 15, Chapter 154, to update the placement, size and height requirements for accessory dwellings.
“Motion carried unanimously (5-0), with Edgar Olvera - Planning and Zoning Commissioner and Ashlie Pendleton - Planning and Zoning Commissioner absent.”
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 0.00 |
BUDGETED: |
$ 0.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
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FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING: ACCOUNT/FUND #/CIP |
TOTAL $ 0.00
FISCAL IMPACT STATEMENT:
NONE
ADDITIONAL INFORMATION:
SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:
NONE
IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?
☐ Department
☒ City Clerk’s Office
☐ Document to be recorded
☒ Document to be codified
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Acting City Administrator: |
Date: |
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Jennifer Reichelt for John D. Simonton |
10/24/2023 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
10/20/2023 |