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k,14L& REQUEST FOR COUNCIL D11SCUSSION *ATE: 4/25/2011 FTEM NO: 13. d City Manager Approval.- .1ft Item Description.- Request by the Roseville City Council to continue the discussion about the mechanism for regulating accessory dwelling units. 2 1-1 At the regular City Council meeting on April 18, 2011, the City Council was asked to 3 take action on two agenda items related to accessory dwelling units (ADUs)l; an application to approve a particular ADD as a conditional use,, and proposed additions to the zoning regulations pertaining to ADUs. While the proposed conditional use was 6 ultimately approved, Councilmembers expressed some concerns about addressing ADUs 7' as conditional uses, preferring to approach them as interim uses instead. The Council 8 then directed Planning Division staff to do some more research into how other 9 communities regulate ADUs and to prepare additional materials for discussing ADUs as 10 interim uses. 11 1.2 Planning Division staff didn't have adequate time to prepare the additional research about 12 ADUs in other communities in time to include meaningful discussion in this report, but 13 more conversation on this topic can be had at the April 25th City Council meeting. 14 1.3 By their nature, interim uses are explicitly temporary, requiring a property owner to reapply at regular intervals if the use an ADD, in this case), is to be continued. This is 16 attractive to Councilmembers because an interim use approval appears to give some 1 7' greater oversight or control over a particular use than does a more permanent conditional 18 use approval. To the extent that a property owner would need to repeatedly seek 19 reapproval, the interim use process does offer that additional control, but Planning 20 Division staff sees some problems with regulating ADUs as interim uses and believes 21 that conditional use approvals offer nearly as much control. 22 2.0 PROBLEMS WITH THE INTERIM USE APPROACH 23 2.1 The most fundamental problem with using interim use approvals to regulate ADUs is 24 that,, by definition, an interim use is one that is normally prohibited by the zoning code. 21-3 Based on the way Roseville's zoning code currently works, uses are either allowed (i.e., 26 as principal or accessory uses that are permitted or conditionally permitted),, or they're 2 7' not. A select few, particularly egregious uses are specifically identified as prohibited. All 28 other uses not explicitly allowed or prohibited are simply not addressed in the code and 29 are considered to be implicitly prohibited. Therefore, to regulate ADUs as interim uses, 30 ADUs would have to return to their status as being prohibited and must either be 31 specifically identified as prohibited, or be omitted from the code entirely. Planning 32 Division staff believes that ADUs should be allowed as a way to diversify housing choices in the community, provite affo4able housing options, or allow family members ADU RCD 0142 51 Liu- c Page I of 2