3/12/2024

RE:  12 Bayview Road - Jr ADU Application
Project Scope, Details and Commentary 

Dear Sir/Madam:

This is a support document for a Permit Application for granting a Jr ADU that is fully contained within the existing SFD.  The Address is 12 Bayview Road, Castroville CA.  The home is located in the North County Coastal Zone.

There is a pending Ordinance for ADUs that also references Junior ADUs in the North County Coastal Zone. Several years ago, and as recently as last month, I was told there was no ability to get ADU’s or JR ADUs approved in North County until that Ordinance was completed.  In total I was told that via four different interactions. 

In late February I went to the Permit Office to see if I could find someone who could provide an update on the Ordinance. I asked about the logic related to not allowing conversion of existing space and I was then told that has always been something that was available, if certain conditions were met.  I was unable to understand how I was not able to understand that option in four prior conversations. 

It’s logical and it makes sense given there is no increase in population density and it increases rental property offerings during this time of rental market constriction. 

Permit Application as “Homeowner” and Designer

I am applying as the “homeowner” and Designer for the project. I live in the home with my partner.  We bought it together. We are both on the mortgage/deed of trust,  but she is the only person on the Deed at this time. Thus, she is technically the “sole owner”, in county records.  For proper application purposes I have noted myself as the “Designer”. 

The building permit itself should only require approval of / for : 

1. Addition of Jr ADU Statuts for home. 

2. Permission for second kitchen on the property  for the Jr ADU - (aka  “cooking facilities, appliances, food preparation counter and storage reasonable in relation to size of the junior accessory dwelling unit”)

Guidelines from CA 65852.2 , CA 65852.22, CA 4751 and Monterey County Code 21.06.372 have been used for qualifying reference

Since nothing seems formalized in a checklist or flow chart format for qualifying criteria,  we have used guidelines from CA 65852.2 , CA 65852.22, CA 4751 , Monterey County Code 21.06.372 for reference. 

CA 65852.2 - general guidelines for ADUS and Jr ADUs’

CA 65852.22 - Jr ADU guidelines only

CA 4751  - legal transfer related matters that should not be relevant given other acts would prevent transfer of portions of property

MCC -  21.06.372 - defines max size for Jr ADUs as 500sf

Application Specific Analysis

1. 440 SF within existing home with private entrance, bathroom and kitchen  - We have a 440 sf bedroom and  bathroom suite, with private entrance , that is contained fully within our SFD. We are converting that to a  “Jr ADU” by adding a kitchen .
   
   We are relying on CA 65852.c.2.A, CA 65852.22.i.1, Monterey County 21.06.372 for approval, given it’s under 500 sf and meets all known state and county requirements and suggestions for criteria.
   
   

   1. CA 65852.c.2.A - sets no minimum size for Jr ADU
      
      

   2. CA 65852.22.a.1 - Limit number of Jr ADUs to 1 per lot. This is the only one we have

   3. CA 65852.22.a.2- requires owner occupancy of the Jr ADU or remaining part of home. It is owner occupied.  

   4. CA 65852.22.a.3 - < deed restriction not needed. Would have ot be converted to condo first and it would be stopped there >

   5. CA 65852.22.a.4  - constructed within walls of residence. This is included within walls of residence

   6. CA 65852.22.a.5  - requires separate entrance. This has a separate entrance < details below>

   7. CA 65852.22.a.6 - to include “efficiency kitchen”. < details below>

   8. CA 65852.22.b.1 - no parking space requirements 

   9. CA 65852.22.i.1 -  requires JR Adus to be under 500 sf and contained within a single family residence and it may or may not include sanitation facilities (ours does)

10. Monterey County 21.06.372 - requires JR Adus to be under 500 sf and contained within a single family residence

2. Kitchen Details - We are installing a kitchen in the Junior ADU.  We are relying on CA CA 65852.22.a.6 (A and B) for approval of our kitchen plans.  

CA 65852.22.a.6 - “Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following: (A) cooking facilities with appliances and (B) food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit  “

Note about ‘Efficiency” - From other parts of the statute, the word “efficiency” implies far larger spaces than most might consider and thus suggests no limits on maximum size other than “reasonable relation to size of the unit”.  

1. CA 65852.2 (j) indicates an "accessory dwelling unit" is also referred to as "an efficiency unit" . 

2. CA 65852.2.c.2.B indicates minimum sizes for accessory dwelling units (aka “efficiency units”) are 850sf and/or 1000sf 

3. The point here is that the word "efficiency" is very relative and used in a very loose manner.

4. The statutes describe 850sf and 1000 sf living units as “efficiencies” 

5. Many would call those large and luxurious homes.. 

6. The use of “reasonable size in relation to the size of the junior accessory dwelling unit” makes perfect sense as a litmus test for size and really should only be scrutinized for minimum sizing. 
   
   

3. Private Entrance - The proposed JR ADU has a private / separate entrance. We are relying on CA 65852.22.a.5 for approval. 

   1. CA 65852.22.a.5.A - requires separate entrance

   2. CA 65852.22.a.5.B - requires access to the rest of home only if sanitation facilities are not included. An access to the rest of the home does/will exist in this unit but it is not required per those recommendations due to in suite bathroom/sanitation.
      
      

4. Water and Sewage - The water and sewage requirements for Jr ADUs are outlined in Documents provided by Health Services / Environmental Health. We meet the criteria set forth on the Environmental Health documents for Jr Adu’s for water and sewage. We have not increased occupancy of home . it has a 2500 gallon septic, which is now oversized for a 4 bedroom home. We’ve provided water sample results at the end of this document and on the permit drawings. 

   1. Attached is a copy of the most recent well test to satisfy the Water Quality requirements of Monterey County Health Department 

   2. The same is included with their required specs on the drawings.
      
      

5. Other - while seemingly not specified / required - 

   1. Electrical - Jr ADU tenant has Access to all breakers / circuit protectors

   2. HVAC - there is separate system for heating control

Prior Confusion

Prior confusion transpired: 

1.  Spring/summer 2021 by website and phone.

2.  Fall 2022 - via email during prior permit application process 

3. Spring 2024 - with District Two Policy Analyst

4. Spring 2024 - with permit technician by phone

Confusion was clarified with a personal visit to the Permit Office where senior Staff was able to clarify logical and proper rules that seem to be applicable. 

The major confusion for this as it applies to North County, and possibly all others,  seems to revolve around 1) a lack of discernment related to creating ADUs and Jr ADUs  FULLY  WITHIN an existing residence vs separate buildings. The technicians and analysts don’t seem to be realizing the importance of that criteria when answering calls and questions.  This confusion has resulted in significant stress for us over the past 3 years that was unnecessary and it prevented reasonable expansion of Jr ADU and possibly ADU offerings within existing homes.  

Prior Permit Details (22cp0211) -- 5 bedroom to 4 bedroom conversion

In 2021, we purchased this home as a 5 bedroom 3 bath. 

1. In 2023, on permit 22cp0211 a wall was removed between 2 bedrooms and doors were reconfigured to create 1 large bedroom with an in suite bathroom from the 2  merged bedrooms.  

2. In 2023, on permit 22cp0211 we applied to build second story deck and stairs from grade to second story to provide separate access to merged bedrooms.  

3. The home was then a  4 bedroom 3 bath home with a new second story deck and private access to the newly merged bedroom suite. . 

4. The merged bedroom was roughed in with plumbing,  electric , cabinets and a sink  for a future junior ADU because we had been told that permit was not available, when in fact there was confusion between ADU and Junior ADU in context of being fully contained in an existing space.  

5. The Junior ADU was not applied for as it was suggested it was part of the pending ADU ordinance. 

Jr ADU Design Thoughts and thoughts about “limits on kitchen size”

From 1998 through 2012 I renovated more than 20 row homes in Baltimore MD. Some of those were as narrow as 10’ wide. It was like remodeling a single wide mobile home, a shipping container or a bus.  My specialty was making small spaces feel big.  If the kitchens, bathrooms and closets are as big as possible in small spaces, people feel like they are living large even when they live in small spaces. No matter how big a kitchen is, most always wish it was a little bigger. Most landlords seek to “skimp out” on appliances and kitchen space because it’s expensive.  Given all that, the idea that someone in the permit office wanted to limit the size of a kitchen space and countertop space, when the space itself didn’t demand it, was very odd. Especially given there was absolutely no basis in existing statutes or codes that supported those ideas. I’m thankful the codes were able to clarify kitchen details appropriately. 

Please contact me with any questions. 

Regards

Bryan Canary

443-831-2978

bryan@bryancanary.com  //   http://www.propertiesbybryan.com/pbb/ 

NOTE: Page 5 of 5 contains this water quality approval document -- it is on drawings with spec sheets as well