ACCESSORY DWELLING UNITS CLEARING UP THE CONFUSION Introduction

ACCESSORY DWELLING UNITS: CLEARING UP THE CONFUSION Introduction: Mayor Greg Scharff Sheri Furman - Chair Palo Alto Neighborhoods Jonathan Lait , Assistant Director, Planning & Community Environment, City of Palo Alto

Meeting Purpose Ø Not a discussion of the pros and cons of ADUs Ø New state regulations Ø Palo Alto’s additional regulations Ø What can be built for each type of ADU Ø Frequently asked questions and concerns Ø Provide resources for additional information 5/25/2017 2

BACKGROUND • In September 2016, Senate Bill 1069, Assembly Bill 2299 and Assembly Bill 2406 • Intended to address the housing crisis • Palo Alto ordinance meets state requirements and goes further to promote ADUs 5/25/2017 3

What is an ADU? Secondary dwelling unit with complete independent living facilities for one or more persons. • Attached • Detached • Junior 5/25/2017 4

Accessory Structure vs ADU Accessory (non-dwelling) Structure 5/25/2017 5

What limits how much you can build? Ø Total Size of Structure(s) (aka FAR) Ø Footprint (aka Lot Coverage) Ø Setbacks Ø Height Ø Daylight Plane Ø Residential District 5/25/2017 6

Total Size / FAR = Floor Area Ratio Includes all floors of the house, plus covered parking and all accessory buildings greater than 120 square feet 5/25/2017 7

Footprint / Lot Coverage Describes how much of the lot is covered by structures. 5/25/2017 8

Setbacks define the required yards surrounding the building area. 5/25/2017 9

Daylight Plane A measurement that limits the impact of a building on neighboring properties. 5/25/2017 10

Daylight Plane (cont’d) ENSURES THIS INSTEAD OF THIS 5/25/2017 11

Residential Districts Palo Alto has several residential zoning districts. R-1 Single-family R-2 Two-family RMD Two unit multiple-family RE Residential Estate – 1 acre minimum OS Open Space District – 10 acre minimum RM-15 Low density multiple-family RM-30 Medium density multiple-family RM-40 High density multiple-family S Single-story combining district 5/25/2017 12

New ADU Ordinance Approval & Design State Requirements – ADUs that conform to the zoning code must be permitted – Leaves development standards to local community, but the ministerial process precludes design review New ADU Ordinance – Removes ADU architectural design and compatibility review – Requires street addresses for all accessory dwellings – Additional requirements for 2 nd story ADUs to preserve the privacy of residents – Requires separate entryway Staff to return to Council with potential Eichler design guidelines relating to ADUs 5/25/2017 13

New ADU Ordinance Occupancy State Requirements – For a JADU, property owner must reside in the primary unit or JADU – Deed restriction - JADU cannot be sold separately New ADU Ordinance – For any ADU, property owner must reside in the primary unit or ADU – Can rent ADU or principal residence, but not both unless to the same tenant (who cannot sublet either unit) – 30 -day minimum rental – Deed restriction to notify future owners of occupancy requirements, restrictions on short-term rentals and prohibition of separate sale of units 5/25/2017 14

New ADU Ordinance Lot Size / Coverage State Requirements – JADUs, and units constructed within existing buildings, must be allowed on any size lot [JADUs are optional. Cities can choose to allow them or not] New ADU Ordinance – Permits ADUs in all residential districts, including all R-1, R-2, RE, RMD and OS. ADU conversions are permitted in all residential zones with an existing single family use – Minimum Lot Size of 5, 000 sq ft (citywide) to be eligible for ADU and 10 acres in OS – Removes “ 35% greater” minimum lot size requirements (lot no longer has to be 135% of the minimum lot size for the district in order to add an ADU) – ADUs are subject to site lot coverage standards 5/25/2017 15

New ADU Ordinance FAR State Requirements – Local government may establish rules New ADU Ordinance – Must comply with the underlying zoning districts requirement for FAR – Allows those with properties at or near the allowable FAR to create an ADU o Adds 175 sq ft to maximum FAR for properties adding an attached or detached ADU o Adds 50 sq ft to maximum FAR if adding JADU 5/25/2017 16

New ADU Ordinance Setbacks State Requirements – No setbacks required for existing garage converted to an ADU, but only if garage is not needed as required parking for principal dwelling New ADU Ordinance – No more than 6 -ft side and rear setbacks for ADUs – In RE and OS districts, a 2 nd story ADU above a garage can be located 5 feet from the side or rear property lines – Eliminates the 12 feet separation between an existing single family home and a detached ADU 5/25/2017 17

New ADU Ordinance Rules ADU Size State Requirements – Limits JADUs to 500 sf – Limits attached ADUs to 450 sf or 50% of existing floor area, whichever is less – Limits detached ADUs to 1200 sf New ADU Ordinance – Limits JADUs to 500 sf – Limits attached ADUs to 600 sf or 50% of existing floor area, whichever is less – Limits detached ADUs to 900 sf 5/25/2017 18

New ADU Ordinance Rules ADU Height State Requirements – Local government may establish rules New ADU Ordinance – Maximum height limited to one story and 17 ft, including SSO neighborhoods and flood zones o In RE zones, attached ADUs may be 2 -stories and 30 -ft outside of setbacks o In OS zones, attached ADUs may be 2 -stories and 25 -ft outside of setbacks Staff to consider design guidelines specific to Eichler neighborhoods as part of the Eichler Design Guidelines process 5/25/2017 19

New ADU Ordinance Rules Parking State Requirements – Not to exceed 1 per unit or per bedroom – No parking required under certain conditions New ADU Ordinance – No parking required for an ADU or JADU – No covered parking replacement for the main dwelling required if the parking space is converted to an ADU or JADU – Previously approved ADUs not required to retain parking spaces that were previously required – Required parking for the main dwelling unit that is converted to an ADU (such as a garage conversion) must be replaced. The replacement parking space may be covered/uncovered; uncovered space permitted within the front setback on an existing driveway 5/25/2017 20

Requirements for All ADUs • City must approve within 120 days an application to create an ADU in a single family residential zone • Must have an existing home (or be building one) on the lot • Only one ADU or JADU is allowed per lot • ADU must have independent exterior access • ADU must have its own street address • No parking is required • Either the single-family residence or the ADU/JADU must be occupied by the owner of the residence, BUT both the primary residence and the ADU/JADU may be rented to a single tenant • ADU may be rented, but not for less than 30 days • Deed restrictions apply • No separate utility connections or fire sprinklers are required 5/25/2017 21

Junior ADU (JADU) • 500 square foot max • Located within the existing walls of a primary dwelling • Must include conversion of an existing bedroom • Cannot be created by converting only non-bedroom spaces within the home or adding onto the structure • Separate entrance • Must include an efficiency kitchen • May share a bath or have its own • Can be in a basement IF at least part of the basement has already been converted to a bedroom • No parking requirements. 5/25/2017 22

Attached ADU • Attached to an existing dwelling or located within the living area of the existing dwelling • Consists of group of rooms for living, sleeping and eating, with full kitchen & bathroom • 600 square foot maximum or 50% of the existing living area, whichever is less • Maximum height = one story and 17 feet except in RE and OS districts • Must have a separate, external entrance • A basement may be used as an ADU • No setback required for existing garage or accessory structure that is converted to an ADU • City cannot require new or separate utility connections 5/25/2017 23

Attached ADU Examples 5/25/2017 24

Detached ADU Separate building on the same lot as existing dwelling Group of rooms for living, sleeping & eating 900 square foot maximum Full kitchen and a full bathroom Maximum height = one story and 17 feet Can be a converted accessory structure (only in R-1/RE and structure existed prior to January 1, 2017) Six foot minimum rear and side setbacks No setback can be required from an existing garage converted to an ADU, except as required for fire safety No portion of the building may encroach into a daylight plane 5/25/2017 25

Detached ADU Examples Converted Garage 5/25/2017 Converted Garage & Interior 26

Detached ADU Examples Converted Sheds 5/25/2017 27

Detached ADU Examples 5/25/2017 28

Process for Creating an ADU Ø Figure Out What You Need – Type of ADU – Size, lot coverage, FAR, setbacks Ø Consider Costs – Construction – Permits & fees – Utilities Ø Review the Residential Construction Guide – Requirements, restrictions (flood zone, historic district) Ø Draw Up Plans – Hire a design professional and/or contractor Ø Apply for a Building Permit 5/25/2017 29

Questions & Eichler Concerns Still confused? Have a question we haven’t answered? Have a unique situation? Issues unique to Eichler homes? 5/25/2017 30

For More Information Palo Alto Neighborhoods www. paneighborhoods. org Accessory Dwelling Units (ADU) Regulations Update http: //www. cityofpaloalto. org/gov/depts/pln/advance /accessory_dwelling_units_regulations_update. asp 5/25/2017 31