Planning Community Development Department Zoning Code Text Amendments

Planning & Community Development Department Zoning Code Text Amendments: Accessory Dwelling Unit Regulations and Municipal Code Amendments: Development Impact Fees City Council December 11, 2017

Overview Planning & Community Development Department • January 2017, City Council adopted initial amendments to the City’s accessory dwelling unit regulations • Requested Planning & Community Development Department staff to conduct a comprehensive review of existing accessory dwelling unit regulations and return by end of June 2017 with potential revisions • June 19, 2017, City Council considered and discussed a series of proposed amendments > At the conclusion of the meeting, City Council directed staff to conduct additional research on a number of specific topics and conduct additional community outreach prior to returning to City Council 2

What is an Accessory Dwelling Unit (ADU)? Planning & Community Development Department • A self-contained residential unit that shares the same lot as the primary residential dwelling • May be attached to the existing dwelling unit, or detached from the existing dwelling unit • Generally includes a living room, sleeping area, kitchen, and a bathroom 3

Purpose of Proposed Amendments Planning & Community Development Department • Ensure that City ordinance complies with intent of State Law • Facilitate creation of accessory dwelling units to provide additional housing opportunities • Provide appropriate standards and limitations as allowed by the State Law to maintain character of the single-family neighborhoods • Focus on changes to regulations related to ADUs that are created by adding new square footage (“Newly Constructed ADUs) • Respond to City Council direction from June 19, 2017 meeting 4

City Council: June 19 Planning & Community Development Department • City Council considered a series of proposed amendments for Newly Constructed ADUs > Council concerned proposed amendments were not restrictive enough and could have negative consequences § Proposed minimum qualifying lot size of 5, 000 square feet too small and too much of a change from existing 15, 000 square feet. § Proposed rear and side yard setbacks allowed an ADU to be too close to rear and/or side property lines § Negative impact on character of historic districts. § Other concerns included loss of mature tree canopy, narrow streets, reduction of impact fees, and not enough opportunities for community input 5

Community Outreach Since June 19 Planning & Community Development Department • Community Meetings > September 21 & 25, 2017 (City Hall) § Landmark and National Register District Representatives > October 17, 2017 (Jackie Robinson Center) § City-wide meeting > October 19, 2017 (Pasadena Senior Center) § City-wide meeting • Other Meetings > October 11, 2017: Bungalow Heaven Annual Meeting > October 26, 2017: Council District #5 Town Hall 6

Community Meetings Summary of Comments Planning & Community Development Department • Summary of comments > Majority of comments indicated support for less restrictive standards for “Newly Constructed ADUs”: § Lower minimum lot size requirement (5, 000 s. f. or no minimum) § Allow such units in Hillside and Historic Districts under certain conditions § Increase maximum unit size > Comments also received in opposition to less restrictive standards based on preservation of single-family neighborhood character > Other concerns related to enforcement, Residential Impact Fee, tree preservation, and impact of Accessory Dwelling Units on housing supply and affordable housing 7

Revised Amendments Planning & Community Development Department • Significant changes to ADU ordinance (mostly for Newly Constructed ADUs): > Location Requirements § Minimum lot size § Historic Districts § Base Zoning > Setbacks for Detached Newly Constructed ADUs > Tree Preservation > Maximum Unit Size 8

Revised Amendments: Location Requirement for Exterior ADUs - Minimum Lot Size Planning & Community Development Department • Re-evaluated Minimum Lot Size Requirements > Analysis of property profiles in Pasadena • Existing 15, 000 sq. ft. minimum lot size requirement is restrictive > Majority of public comments supported lower minimum lot size, ranging from 5, 000 square feet to 10, 000 square feet, with some support for no minimum > Not consistent with the intent of the State Law 9

Revised Amendments: Location Requirement for Newly Constructed ADUs – Minimum Lot Size Planning & Community Development Department • 7, 200 square feet: > Approximately 9, 901 out of 20, 331 recommended RSzoned properties would be eligible (~49%) > Includes Historic Districts > Does not include Hillside Districts 10

Revised Amendments: Location Requirement for Newly Constructed ADUs – Minimum Lot Size Planning & Community Development Department • 7, 200 square feet > Minimum lot size required for new lots in RS-6 zoning > Consistent with other cities practice of utilizing the minimum lot size required of a typical single-family property > Staff’s original recommendation to the Planning Commission • Recommendation: > Lower the minimum lot size from 15, 000 to 7, 200 square feet for Newly Constructed ADUs 11

Revised Amendments Location Requirement for Newly Constructed ADUs – Historic Districts Planning & Community Development Department • Landmark and other historic districts restrictions > Approximately 3, 500 properties (~17% of RS-zoned properties) > In order to ensure new construction does not detract from the integrity of a district, a “Certificate of Appropriateness” (COA) permit is required § COA required for any exterior work that is visible from public right-of -way to ensure compatibility with historic character > Historic districts today permit the construction of new accessory structures, additions etc. without a COA if not visible from public right-of-way § State Law: no discretionary review for ADUs 12

Revised Amendments Location Requirement for Newly Constructed ADUs – Historic Districts Planning & Community Development Department • Recommendation: > Prohibit Newly Constructed ADUs in historic districts (Landmark, State and National Register Districts) unless it is not visible from the street and does not require a Certificate of Appropriateness > Accessory Dwelling Units are not allowed on individually designated properties 13

Revised Amendments: Location Requirements for Newly Constructed ADUs Planning & Community Development Department Existing Recommended Minimum Lot Size 15, 000 sq. ft. 7, 200 sq. ft. Zoning Districts Any RS zoning district Any RS or RM zoning district Prohibited unless not visible from the street and not subject to a COA and Prohibited on individually designated historic property Prohibited No change Historic Districts (Landmark, state, national) Hillside Overlay District 14

Map of where Newly Constructed ADUs are Proposed to be Permitted Planning & Community Development Department # of properties Total *Note ADUs prohibited in Landmark Overlay Districts if visible from the street 15 RS zones ~9, 901 RM zones ~1, 178 ~11, 079

Other Revised Amendments: Setbacks and Size Planning & Community Development Department Existing Recommended Side: 10% of the lot width, but no less than 5 ft. , with a maximum requirement of 10 ft. Setbacks Maximum Size for Newly Constructed ADUs Side: No change Rear: 25 ft. Rear: 10 ft. (Same as RM-12) Exception: side / rear setback for Exception: No change attached Newly Constructed ADUs constructed over an existing garage is 5 feet (Required per State Law) Detached: 800 square feet Attached: Lesser of 800 square feet or 50% of the existing living space 16 Detached and Attached: Lesser of 800 square feet or 50% of the existing living space

Other Revised Amendments: Trees Planning & Community Development Department • Tree Protection Ordinance > Protects trees on adopted list of ‘specimen’ and ‘native’ trees whose diameter at breast height (dbh) meets or exceeds specific threshold § RS: Trees must also be in a ‘protected zone’ » Established front and/or corner yard setback; » Required side yard setback (5 -10 ft. ); or » Required rear yard setback (25 ft. ) > If protected, Private Tree Removal Permit required > Mature trees (≥ 19” dbh, regardless of species) are exempted for RS properties 17

Other Revised Amendments: Trees Planning & Community Development Department • Recommendation: > Require a one-for-one replacement of mature trees in a protected zone if they are being removed in order to construct an ADU 18

Proposed Amendments: Other Standards Planning & Community Development Department Existing Building Separation 2 nd Story Newly Constructed ADUs Height of detached Newly Constructed ADUs Recommended • • Six feet (eave-to-eave) 10 feet (eave-to-eave) if entry door faces a structure 6 feet from any structure (eave-toeave) • No change • Attached: Allowed if existing house is two stories in height Detached: Not allowed • • 17 feet to the highest point 12 feet to the top plate No change 19

Proposed Amendments: Other Standards Planning & Community Development Department Existing Recommended Windows and doors for Converted ADUs within Historic Districts No regulation Windows and doors that are original to the structure are generally required to be retained, unless this requirement prevents creation of the ADU Minimum Unit Size for Newly Constructed ADUs None 150 sq. ft. (consistent with the State Law) 20

Zoning Code Amendment: Required Findings Planning & Community Development Department • Consistent with the goals and policies of the General Plan > Land Use Element § Policy 2. 1 (Housing Choices) § Policy 7. 1 (Compatibility) § Policy 8. 1 (Identify and Protect Historic Resources) § Policy 8. 5 (Scale and Character of New Construction in a Designated Landmark and Historic Districts) § Policy 21. 1 (Adequate and Affordable Housing) § Policy 21. 3 (Neighborhood Character) § Policy 21. 5 (Housing Character and Design) § Policy 22. 1 (Appropriate Scale and Massing) § Policy 22. 2 (Garages and Accessory Structures) 21

Zoning Code Amendment: Required Findings Planning & Community Development Department • Consistent with the goals and policies of the General Plan > Housing Element § Policy 1 -1 (Neighborhood Character) § Policy 2 -1 (Housing Diversity) § Implementation Program 13. 2 • Not detrimental to the public interest, health, safety, convenience, or general welfare of the City 22

Recommendation Planning & Community Development Department 1) Acknowledge the proposed Zoning Code Amendments are exempt from environmental review (CEQA) 2) Adopt the findings of consistency 3) Approve the proposed Zoning Code Amendments 4) Direct the City Attorney to prepare an Ordinance 23

Development Impact Fees Planning & Community Development Department • Significant community interest in reducing City fees for construction on an ADU > Residential Impact Fee (charged per bedroom) § Studio ($18, 472. 73) to ≥ 5 bedrooms ($34, 193. 81) > Traffic Reduction & Transportation Improvement Fee § $2, 889. 70 > If new unit is covenanted-restricted affordable § Residential Impact Fee » $957. 30 » Adjusted per Consumer Price Index § Traffic Reduction & Transportation Improvement Fee » No fee 24

Example Current Fees – Newly Constructed ADU Planning & Community Development Department Example: 600 SF ADU, 1 -bedroom, valuation of $68, 310 FEE Residential Impact Fee TOTAL FEE AMOUNT $19, 494. 61 FEE C&D Admin Review Fee TOTAL FEE AMOUNT $193. 24 Traffic Reduction & Transportation Imp. Fee $2, 889. 70 Building Permit Fee $1, 014. 00 PUSD- Residential New Development $1, 344. 00 Construction Tax $1, 311. 55 Building Plan Check $1, 379. 00 SMIP: Residential Fire Department Plan Check $290. 00 Design & Historic Plan Check $40. 00 Current Planning Plan Check $119. 00 General Plan Maintenance $341. 55 Public Works Plan Check $179. 00 Technology Fee $341. 55 Sidewalk Damage Public Works $646. 43 Records Mgmt 3% Surcharge C&D Performance Security Deposit TOTAL FEES $2, 049. 30 25 $31, 800. 30 Processing Fee $8. 88 CA Building Standards Fee $62. 00 $4. 00 $92. 49

Example Current Fees – Converted ADU Planning & Community Development Department Example: 600 SF ADU, 1 -bedroom, valuation of $20, 493 (30% of valuation) FEE Residential Impact Fee Traffic Reduction & Transportation Imp. Fee PUSD- Residential New Development TOTAL FEE AMOUNT FEE $19, 494. 61 $2, 889. 70 n/a TOTAL FEE AMOUNT C&D Admin Review Fee $193. 24 Building Permit Fee $384. 00 Construction Tax $393. 47 Building Plan Check $514. 00 SMIP: Residential Fire Department Plan Check $103. 00 Processing Fee Design & Historic Plan Check $21. 00 CA Building Standards Fee Current Planning Plan Check $49. 00 General Plan Maintenance $102. 47 Public Works Plan Check $74. 00 Technology Fee $102. 47 Sidewalk Damage Public Works $646. 43 C&D Performance Security Deposit $614. 79 TOTAL FEES 26 $25, 685. 05 Records Mgmt 3% Surcharge $2. 66 $62. 00 $36. 21

Development Impact Fees Planning & Community Development Department • Purpose of ADUs is to increase housing supply/options • High fees are a deterrent for many homeowners > At least one building permit application has been withdrawn and several have not yet been issued due to high fees • Recommendation: > Residential Impact Fee for an ADU § $957. 30 > Traffic Reduction & Transportation Improvement Fee for an ADU § No fee > Incentive for Affordable ADU (Covenanted) § Waive both Residential Impact Fee and Traffic Reduction & Transportation Improvement Fee 27

Recommendation Planning & Community Development Department 1) Find the proposed Municipal Code Amendments are not subject to environmental review (CEQA) 2) Approve the proposed Municipal Code Amendments (Section 4. 17 and 4. 19) 3) Direct the City Attorney to prepare an Ordinance 28

Planning & Community Development Department Zoning Code Text Amendments: Accessory Dwelling Unit Regulations and Municipal Code Amendments: Development Impact Fees City Council December 11, 2017

State Law Planning & Community Development Department • Amended State Law (AB 2299 and SB 1069) > Adopted to address the housing crisis (e. g. lack of supply in the rental market) > Intended to encourage creation of ADUs and ensure local regulations do not unreasonably restrict ability of homeowners to create ADUs > Cities must allow an ADU that is converted from an existing space in all single-family residential districts • New Legislation Passed in September 2017 (AB 494 and SB 229) > Intended to clarify the previously enacted bills > Gives HCD authority to review local ADU ordinances 30

New Legislation: AB 494 and SB 229 September 2017 Planning & Community Development Department • Intended to clarify the previously enacted bills related to ADUs • AB 494 makes a number of changes to the ADU review process and standards > Parking requirements > HCD authority to review local ordinances • SB 229 makes various clarifying and technical changes to ADU law > Utility connections > ADUs located on the same lot as primary dwelling 31

State Law: AB 2299 and SB 1069 Planning & Community Development Department • State Law regarding Accessory Dwelling Units (AB 2299, SB 1069) to address housing crisis > Intended to ensure local regulations do not unreasonably restrict their creation • Notable provisions of amended State Law: > Accessory dwelling units created by converting existing space (“Converted ADUs”) must be allowed in all zoning districts that permit single-family use “Converted Accessory Dwelling Units” New ADU within existing space Existing 32

State Law: AB 2299 and SB 1069 Planning & Community Development Department • Parking Standards > One parking space per unit can be required in any form with exceptions § Based on the exemption for lots located within ½ mile of public transit stop, no parking can be required for ADUs in most areas of the City > If a garage or carport is demolished to accommodate an ADU, the required replacement parking can be in any form (e. g. on the driveway) • Development Standards > A setback cannot be required for an existing garage that is converted into an ADU > Rear and side setbacks of no more than five feet can be required for an ADU constructed above an existing garage 33

City’s Existing Accessory Dwelling Unit Regulations: Converted ADUs Planning & Community Development Department • Allowed on all zones that permit singlefamily residential uses “Converted ADUs” New ADU within existing space > Both attached and detached units are permitted • Operational Standards Existing > One unit must be owner-occupied > Cannot be sold separately from primary dwelling > Units created after January 1, 2017 cannot be used for short-term rental • Development Standards > Must contain exterior door, and side and rear yard setbacks must be sufficient for fire safety > Five-foot setback required if located above a garage 34

City’s Existing Accessory Dwelling Unit Regulations Planning & Community Development Department “Converted ADUs” “Newly Constructed ADUs” New ADU within existing space New ADU Existing 35 Existing

City’s Existing Accessory Dwelling Unit Regulations: Newly Constructed ADUs Planning & Community Development Department • Allowed on all single-family zoned properties (RS) and that are at least 15, 000 square feet in size > Exception: Prohibited in Hillside and Landmark Overlay Districts > Both attached and detached units are permitted 36 “Newly Constructed ADUs” New ADU Existing

City’s Existing Accessory Dwelling Unit Regulations: Newly Constructed ADUs Planning & Community Development Department • Development Standards > Newly Constructed ADUs are subject to the development standards applicable to the primary dwelling (e. g. floor area, lot coverage, setbacks, etc. ), except: Standards Maximum Unit Size • • Number of stories Limited to one-story unless ADU is attached to existing two-story primary dwelling Building Separation 6 ft. or 10 ft. Entry Door Cannot be visible from the public right-of-way Parking One parking space per unit unless exempt (e. g. located within ½ mile of public transit stop) Attached: lesser of 800 sq. ft. or 50% of the primary dwelling Detached: 800 sq. ft. Setback for ADUs located 5 ft. above existing garage 37

Examples – 5, 000 sq. ft. Lot Planning & Community Development Department 50 ft. Maximum Floor Area: 2, 000 sq. ft. Existing 2 -Car Garage NEW ADU Maximum Lot Coverage: N/A Existing house: House 1, 200 sq. ft. 100 ft. Existing garage: 400 sq. ft. Existing House Total: 1, 600 sq. ft. New Exterior ADU: 400 sq. ft. New Total: 2, 000 sq. ft. Required setback for primary dwelling Alternative setback allowed for detached structures (under certain circumstances) Street 38

Examples – 5, 000 sq. ft. Lot Planning & Community Development Department 50 ft. Maximum Floor Area: 2, 000 sq. ft. Existing 2 -Car Garage NEW ADU Maximum Lot Coverage: N/A Existing house: House 1, 200 sq. ft. 100 ft. Existing garage: 400 sq. ft. Existing House Total: 1, 600 sq. ft. New Exterior ADU: 400 sq. ft. (180 sq. ft. new + 220 sq. ft. conversion) New Total: 1, 780 sq. ft. Required setback for primary dwelling Alternative setback allowed for detached structures (under certain circumstances) Street 39

Examples – 7, 200 sq. ft. Lot Planning & Community Development Department 60 ft. Existing 2 -Car Garage NEW ADU Maximum Floor Area: 2, 660 sq. ft. Maximum Lot Coverage: 35% to 40% (2, 520 to 2, 880 sq. ft. ) Existing house: 120 ft. Existing House 1, 600 sq. ft. Existing garage: 400 sq. ft. Total: Existing House 2, 000 sq. ft. New Exterior ADU: 600 sq. ft. New Total: 2, 600 sq. ft. Required setback for primary dwelling Street Alternative setback allowed for detached structures (under certain circumstances) 40

Examples – 7, 200 sq. ft. Lot Planning & Community Development Department 60 ft. Existing 2 -Car Garage Maximum Floor Area: 2, 660 sq. ft. Existing House Maximum Lot Coverage: 35% to 40% (2, 520 to 2, 880 sq. ft. ) 120 ft. NEW ADU Existing house: 1, 600 sq. ft. Existing garage: 400 sq. ft. Total: Existing House 2, 000 sq. ft. New Exterior ADU: 600 sq. ft. New Total: 2, 600 sq. ft. Required setback for primary dwelling Street Alternative setback allowed for detached structures (under certain circumstances) 41

Examples – 10, 000 sq. ft. Lot Planning & Community Development Department 64 ft. Maximum Floor Area: 3, 500 sq. ft. NEW ADU Existing House Maximum Lot Coverage: 35% to 40% (3, 500 to 4, 000 sq. ft. ) 155 ft. Existing house: 2, 200 sq. ft. Existing garage: 400 sq. ft. Existing House Total: New Exterior ADU: 800 sq. ft. New Total: Existing 2 -Car Garage 2, 600 sq. ft. 3, 400 sq. ft. Required setback for primary dwelling Alternative setback allowed for detached structures (under certain circumstances) Street 42

Examples – 10, 000 sq. ft. Lot Planning & Community Development Department 64 ft. Maximum Floor Area: 3, 500 sq. ft. Existing House Maximum Lot Coverage: 35% to 40% (3, 500 to 4, 000 sq. ft. ) 155 ft. NEW ADU Existing house: 2, 200 sq. ft. Existing garage: 400 sq. ft. Existing House Total: New Exterior ADU: 800 sq. ft. New Total: Existing 2 -Car Garage 2, 600 sq. ft. 3, 400 sq. ft. Required setback for primary dwelling Alternative setback allowed for detached structures (under certain circumstances) Street 43

Existing Accessory Dwelling Units Planning & Community Development Department • Between 2004 and 2016: > Two building permit applications were approved and units constructed • January 1, 2017 – December 7, 2017 > 15 building permit application for a new ADU were submitted § None issued 44

Existing Accessory Dwelling Units Planning & Community Development Department • Existing RS-zoned properties with two residential units > Approximately 740 properties (Los Angeles County Assessor data) > It is likely that many of these properties are developed with legally non-conforming duplexes • Unpermitted Accessory Dwelling Units > No reliable database available to estimate the number of unpermitted accessory dwelling units > 16 active Code Compliance cases involving illegal conversion of existing space into a dwelling unit (November 20) 45

All Single-Family Zoned Properties Planning & Community Development Department (~20, 331) 46

Single-Family Zoned Properties with 2 units Planning & Community Development Department (~20, 0331) (~740) 47

Map of where Converted ADUs are Currently Permitted Planning & Community Development Department # of properties Total 48 RS zones ~20, 331 RM zones 0 ~20, 331

Map of where Newly Constructed ADUs are Currently Permitted Planning & Community Development Department # of properties Total RS zones ~1, 275 RM zones 0 ~1, 275 Approximately 6% of RS zoned properties 49

Revised Amendments: Location Requirement for Newly Constructed ADUs – Minimum Lot Size Planning & Community Development Department • 15, 000 square feet: > Approximately 1, 277 out of 20, 331 recommended RSzoned properties eligible (~6%) > Includes Historic Districts > Does not include Hillside Districts 50

Revised Amendments: Location Requirement for Newly Constructed ADUs – Minimum Lot Size Planning & Community Development Department • 10, 000 square feet: > Approximately 4, 060 out of 20, 331 recommended RSzoned properties eligible (~20%) > Includes Historic Districts > Does not include Hillside Districts 51

Revised Amendments: Location Requirement for Newly Constructed ADUs – Minimum Lot Size Planning & Community Development Department • 5, 000 square feet: > R-S and R-M zones > Includes Historic Districts > Does not include Hillside Districts 52

Areas Where Parking can be Required (Newly Constructed ADUs) Planning & Community Development Department Properties where parking can be required for a new Exterior ADUs (~236) 53

RS zoned Properties Larger than 10, 000 sq. ft. Planning & Community Development Department (~6, 858) 54

Map of Historic Districts Planning & Community Development Department Individually Designated Properties 55

Map of Open Space Planning & Community Development Department 56

Public Transit and Car Share Planning & Community Development Department • Public Transit: Any public transit stop that is accessible from the public right-of-way > Gold Line stations > Bus stops § Pasadena Transit (10, 20, 31, 32, 40, 51 s, 52, 6), Commuter Express (549), Foothill Transit Lines (690, 187), Metro Bus (177, 180, 181, 256, 260, 264, 266, 267, 268, 485, 487, 686, 687, 762 s, 780), Glendale Bee (3), Montebello Bus (20) > Approximately 600 public transit stops in the City • Car Share: Any commercial car share vehicle drop-off point (e. g. Zip Car, e. Ride. Share) > Approximately 25 drop-off points in the City 57

CEQA Exemption Planning & Community Development Department • Under California Public Resources Code (CPRC) Section 21080. 17, California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implement the provisions of Section 65852. 2 of the Government Code, which is State accessory dwelling unit law. Therefore, the proposed Zoning Code text amendments to the City’s accessory dwelling unit regulations are statutorily exempt from the CEQA in that the proposed amendments consists of provisions that further implements the state accessory dwelling unit law. 58

Development Impact Fees Planning & Community Development Department • New Residential Impact Fees > Based on number of bedrooms > Ranges from $18, 472. 73 to $34, 193. 81 • Traffic Reduction and Transportation Improvement Fee > $2, 889. 70 per unit • S. M. I. P. Tax > $0. 00013 of project valuation • Construction Tax > 1. 92% of valuation • PUSD Construction Fee (School District fee) > $2. 24 per sq. ft. 59

Accessory Structures: Existing Development Standards Planning & Community Development Department • Limitation on Location > May not occupy a required front or corner side setback > May not be located in a required side or rear setback; provided it is more than 100 feet from the front property line or in the rear 25 feet of the site. > A lot abutting on the front 100 feet of a key lot shall maintain a minimum four-foot rear setback 60

Accessory Structures: Existing Development Standards Planning & Community Development Department • Height and Setback Requirements > Height limits § Cannot exceed nine feet in height if the structure is located two feet from a property line § If located more than two feet from a property line: » 9 -foot top plate limit » Must comply with Encroachment Plane requirements » 15 -foot overall height limit 61

Accessory Structures: Existing Development Standards Planning & Community Development Department • Length of structure walls > Any portion of the structure that exceeds 22 feet in length and is less than five feet from the property line, shall be required to be set back a minimum of five feet from the property line 62

Definition of “Lot” (or parcel) Planning & Community Development Department • “Lot” is defined in the Zoning Code as “a legally established lot of land under one ownership with frontage upon a street” > Types of lots include the following: Corner Lot, Double Frontage Lot, Flag or Corridor Lot, Interior lot, Key Lot, Reversed Corner Lot, Substandard Lot • A legally non-conforming substandard lot (i. e. a lot that is smaller than the required minimum lot size for the applicable zoning district) is not an illegal lot 63

Tree Protection Ordinance (PMC 8. 52) Planning & Community Development Department 64

Tree Protection Ordinance (PMC 8. 52) Planning & Community Development Department • Findings for Removal: 1) There is a public benefit as defined in Section 8. 52. 024(R), or a public health, safety or welfare benefit, to the injury or removal that outweighs the protection of the specific tree; or 2) The present condition of the tree is such that it is not reasonably likely to survive; or 3) Tree is an objective feature of the tree that makes the tree not suitable for the protections of this chapter; or 4) There would be a substantial hardship to a private property owner in the enjoyment and use of real property if the injury or removal is not permitted; or 65

Tree Protection Ordinance (PMC 8. 52) Planning & Community Development Department • Findings for Removal: 5) To not permit injury to or removal of a tree would constitute a taking of the underlying real property; or 6) The project, as defined in Section 17. 12. 020, includes a landscape design plan that emphasizes a tree canopy that is sustainable over the long term by adhering to the replacement matrix adopted by resolution of the city council and included in the associated administrative guidelines. § Shall not apply to permits or approvals seeking removal of a landmark tree and landmark-eligible trees. 66