TRPA housing committee to discuss Accessory Dwelling Units in Lake Tahoe Basin

LAKE TAHOE, Calif./Nev. - The Local Government and Housing Committee of the Tahoe Regional Planning Agency (TRPA) will be holding a public meeting on Wednesday, February 12 to discuss Accessory Dwelling Unit policy in the Lake Tahoe Basin. They will be meeting at 1:00 p.m., at TRPA office, 128 Market Street, Stateline, Nev.

An accessory dwelling unit (ADU) is a really simple and old idea but does not match current codes on property less than one acre. It is like having a second small dwelling right on the same grounds (or attached to) a regular single-family house, such as an apartment over the garage, or a tiny house (on a foundation) in the backyard.

The committee will hear a discussion on ADUs and is being asked to provide direction on the policy considerations for what is being looked at as one way to address the lack of local affordable housing.

They will discuss a conceptual process to align TRPA code and State of California ADU legislation.

The new California ADU legislation places several requirements on local jurisdictions for processing ADU permits that do not align with existing TRPA code or process. Some California requirements conflict with TRPA regulations at a procedural level, others technically conflict with TRPA code but likely are consistent with the 2012 Regional Plan Environmental Impact Statement, while some requirements directly conflict with TRPA Regional Plan goals.

Procedural

Permit approval timeframe

State - Within 60 days from the date the local agency receives a completed application if there is an existing dwelling on the lot.
TRPA - Under the delegation MOU, TRPA requires local jurisdictions processing permits on TRPA’s behalf to review for completeness within 30 days and issue a
conditional permit within 120 days of a project being deemed complete. Nothing prevents a local jurisdiction from processing permits under a shorter timeframe.

Approval level

State - Requires ADU permits to be approved at a ministerial-level without discretionary review or a hearing.
TRPA - Requires noticing to affected property owners (within 300 feet of the project area boundaries).

In conflict with Regional Plan goals

Impact fees
California Code - Local agencies shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an ADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
TRPA Code - TRPA waives the permit fees for ADUs deed project may require the payment of air quality, water quality, and/or excess coverage mitigation fees. Air quality mitigation fees are charged based on the number of units, not proportional to the size. TRPA collects a security fee, which is returned once a project is completed. restricted affordable, moderate, or local achievable. An ADU project may require the payment of air quality, water quality, and/or excess coverage mitigation fees. Air quality mitigation fees are charged based on the number of units, not proportional to the size. TRPA collects a security fee, which is returned once a project is completed.

Coverage
California Code - A local agency shall not establish by ordinance limits on lot coverage
TRPA Code - TRPA’s Land Coverage programs set limits on the amount of land coverage that can occur in different land capability districts.

Growth caps
California Code - The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
TRPA Code - Growth management system/Development Rights: To construct an ADU TRPA
requires either:
1) a Residential Unit of Use (can be a Residential Allocation plus a Potential Residential Unit of Use, an existing residential unit, or a unit converted from
commercial floor area, tourist or multi‐family units) or
2) a Bonus Unit.