Due to the lack of sufficient affordable long-term housing units, the State has adopted laws to require local jurisdictions to facilitate and encourage the construction and use of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).
Effective January 1, 2020, CA Assembly Bill 670 voided any restriction that effectively prohibited or unreasonably increased the cost of constructing or using an ADU or JADU.
Our challenge was to adopt new Architectural Standards Rules for the construction and use of ADUs/JADUs, while ensuring that residents of our community are not adversely impacted by a proliferation of new structures, parking, noise and other nuisances that often result from an increase in density.
KEY HIGHLIGHTS OF THE NEW RULES:
NEW STANDARDS RULES: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
Pursuant to Tahoe Donner Covenants and Restrictions the board may consider adoption of new and amended rules following requisite member notification and comment period.
Article II, Section 3 (a)…The Association and its Board of Directors shall have the power to do any and all lawful things which may be authorized, required or permitted to be done under and by virtue of the Governing Documents, and to do and perform any and all acts which may be necessary or proper for, or incidental to, the exercise of any of the express powers of the Association for the peace, health, comfort, safety or general welfare of the Owners. The specific powers of the Association and the limitations thereon shall be as set forth in Article IX of the Bylaws.
Article III, Section 7 (b) Adoption and Amendment of Rules. Association Rules may be adopted or amended from time to time by majority vote of the Board in accordance with this subparagraph (b). Except in the case of: (i) rules or regulations adopted to respond to an emergency which threatens the health or safety of the residents or immediate damage to or destruction of any Common Area…no Association Rule shall be adopted until the proposed rule or amendment thereof has been published to the Members at least 45 days prior to the date when the Board is scheduled to act on the proposal. During the 45-day comment period at least one Board or community meeting shall be held at which the proposed rule is an agenda item.
Following discussion, review and modifications to drafted proposed new rules for Accessory Dwelling Units and Junior Accessory Dwelling Units at the November 2019 board of directors meeting, the Board of Directors approved the publication of the proposed new rules for Accessory Dwelling Units and Junior Accessory Dwelling Units for 45-day member notification.
The proposed new rules for Accessory Dwelling Units and Junior Accessory Dwelling Unit 45-day Notice was published in the January Tahoe Donner News and was posted on the 45-day notice webpage on www.tahoedonner.com. The Board of Directors heard member comment relating to the 45-day notice at the January 31, and February 22, 2020 board of directors meetings.
The permitting for an accessory dwelling unit either attached, detached or as a junior accessory dwelling unit is proposed to fall under existing permitting categories and fees. Depending on the project scope of the accessory dwelling or junior accessory dwelling, the project permit application will fall under one of the following categories:
Major Projects: This includes new houses, multiples, commercial buildings, additions (over 500 SQ FT), garages with addition. All these projects require neighbor notification. Detached and attached accessory dwelling units (over 500 SQ FT)
Minor Projects with Neighbor Notification: Garages, additions (under 500 SQFT), decks, sheds, auxiliary structures, variances, miscellaneous including fences. Detached and attached accessory dwelling units (under 500 SQ FT)
Minor Projects without Neighbor Notification: Changes to existing including but not limited to, driveway parking pads, small deck extensions, window size changes, patio pavers, walkways, etc. Detached and attached accessory dwelling, and junior accessory dwelling units with changes to existing exterior only, and junior accessory dwelling units with no changes to existing exterior.
Accessory Dwelling Unit (ADU) shall mean an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, on the same parcel as the single-family dwelling is situated.
Junior Accessory Dwelling Unit (JADU) shall mean a unit that is no more than 500 Square Feet (sf) in size and contained entirely within the living space of an existing single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
California ADU Law shall mean Sections 65852.150, 65852.2 and 65852.22 of the California Government Code.
Truckee Municipal Code shall mean any and all applicable laws, ordinances, and regulations applicable to ADUs and JADUs, including Section 18.58.230 of the Town of Truckee Municipal Code titled “Secondary Residential Units”.
Governing Documents shall mean any and all applicable provisions of the Tahoe Donner Association First Restated Declaration of Covenants and Restrictions (C&Rs), Bylaws, Articles, Rules, and Policies, including the Tahoe Donner Architectural Standards Rules, Procedures and Restrictions.
THE FOLLOWING RULES APPLY TO ADUs AND JADUs:
1. One ADU or JADU per Lot: Only one accessory dwelling unit or junior accessory dwelling unit may be constructed and/or used or occupied on any single-family residential lot.
2. Compliance with the TruckeeMunicipal Code: Any proposed accessory dwelling unit and junior accessory dwelling unit shall comply with the requirements of the Truckee Municipal Code.
3. Compliance with the Governing Documents: Any proposed accessory dwelling unit and junior accessory dwelling unit shall also comply with the requirements of the Governing Documents. The Governing Documents may be more restrictive than the Truckee Municipal Code, but shall not be applied in situations where the Architectural Standards Committee has determined that such application would unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to construct an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of the California ADU Law. For certain common issues that may arise under the Governing Documents, the ASC shall follow the guidelines below in making a decision on an application for approval of an ADU or JADU.
3.1 Setbacks and Coverage: Any proposed accessory dwelling unit and junior accessory dwelling unit shall comply with the setback and coverage requirements set forth in the Governing Documents.
3.2 Floor Area Limitation: An ADU shall have no less than 150 sf and no more than 800 sf of fully enclosed floor area devoted to living purposes and a JADU shall have no more than 500 sf of fully enclosed floor area devoted to living purposes.
3.3 Parking: An ADU or JADU shall provide for one designated on-site parking space in addition to the 400 sf minimum parking paved on-site area required for the lot. The number of cars permitted for the accessory dwelling and junior accessory dwelling unit tenants shall not exceed the available off-street parking spaces provided. ADU and JADU tenants shall be required to utilize the parking spaces provided.
4. Unpermitted or Unapproved Accessory and Junior Accessory Dwelling Units: These rules shall not validate any existing ADU or JADUs that have not been permitted by the Town of Truckee and approved by the Tahoe Donner Association. To convert such a unit to a permitted and approved ADU or JADU, the applicant must meet the requirements of the Truckee Municipal Code and the Governing Documents, and the Town of Truckee must permit the unit and the Tahoe Donner ASC must approve the unit for it to be a legal unit. Applicants with existing units must apply for permit and/or approval within 90 days of adoption of these rules. Unpermitted units that discovered not to be compliant after this period shall be subject to an enforcement process.
5. Short-Term Rental of an ADU or JADU: If a lot has an ADU or JADU, the ADU or JADU shall be prohibited from being used as a Short Term Rental (a rental for term less than 30 days). As a condition to approval, the applicant shall be required to record a covenant against title to the lot, which shall set forth this restriction and confirm that this restriction shall run with the land and will bind successors in interest.
6. Conditions and Variances: The ASC shall retain the right to impose reasonable conditions on its approval of an ADU or JADU, and to grant variances on a case-by-case basis, as provided for in theGoverning Documents.