JOINT PLANNING & ARCHITECTURAL COMMISSION SPECIAL MEETING AGENDA
City Hall – Citrus Room Tuesday 207 Harvard Avenue February 20, 2018 Claremont, CA 91711 7:00 p.m.
PLANNING COMMISSIONERS
RICHARD ROSENBLUTH CHAIR RICK REED JAMES JACKSON
CATHERINE CURTIS PARKER G. EMERSON DOUGLAS LYON LEIGH ANNE JONES
ARCHITECTURAL COMMISSIONERS
MARK SCHOEMAN CHAIR MAUREEN WHEELER BOB PERRY
WAEN MESSNER BRIAN WORLEY JOHN NEIUBER SCOTT HORSLEY
NOTICE IS HEREBY GIVEN that a special meeting of the Planning and Architectural Commissions of the City of Claremont, California, as called by the Planning and Architectural Commissions of the City of Claremont will be held on the 20th day of February 2018, at 7:00 p.m., at the above location for the purpose of considering the item listed below. The Brown Act provides for an opportunity for members of the public to address the Commissions concerning the items described below. Each speaker will be limited to four (4) continuous minutes.
CALL TO ORDER
ROLL CALL
ADMINISTRATIVE ITEM
STUDY SESSION FOR A PROPOSED CODE AMENDMENT – ACCESSORY DWELLING UNITS (ADUs)
ADJOURNMENT
THE NEXT REGULAR MEETING OF THE CLAREMONT PLANNING COMMISSION WILL BE HELD ON MARCH 6, 2018 AT 7 P.M., IN THE CLAREMONT CITY COUNCIL CHAMBER, 225 SECOND STREET. Planning & Architectural Commissions Special Joint Meeting Agenda February 20, 2018 Page 2
THE NEXT REGULAR MEETING OF THE CLAREMONT ARCHITECTURAL COMMISSION WILL BE HELD ON FEBRUARY 28, 2018 AT 7 P.M., IN THE CLAREMONT CITY COUNCIL CHAMBER, 225 SECOND STREET.
PLEASE NOTE: MATERIALS RELATED TO AN ITEM ON THIS AGENDA, AND SUBMITTED TO THE PLANNING & ARCHITECTURAL COMMISSIONS AFTER PUBLICATION OF THE AGENDA, ARE AVAILABLE TO THE PUBLIC IN THE CITY CLERK’S OFFICE AT 207 HARVARD AVENUE, CLAREMONT, MONDAY THROUGH THURSDAY, 7 AM – 6 PM. SUBJECT MATERIALS WILL BE MADE AVAILABLE ON THE CITY WEBSITE AS SOON AS POSSIBLE - www.ci.claremont.ca.us. For more information, please call the City Clerk’s Office at 909-399-5461.
I, JUDY CHEN-KO, ADMINISTRATIVE ASSISTANT, OF THE CITY OF CLAREMONT, CALIFORNIA, HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING AGENDA WAS POSTED AT CLAREMONT CITY HALL, 207 HARVARD AVENUE, ON FEBRUARY 15, 2018, PURSUANT TO GOVERNMENT CODE SECTION 54954.2.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT 0F 1990, THIS AGENDA WILL BE MADE AVAILABLE IN APPROPRIATE ALTERNATIVE FORMATS TO PERSONS WITH DISABILITIES. ANY PERSON WITH A DISABILITY WHO REQUIRES A MODIFICATION OR ACCOMMODATION IN ORDER TO PARTICIPATE IN A CITY MEETING SHOULD CONTACT THE CITY CLERK AT 909-399- 5461 “VOICE” OR 1-800-735-2929 “TT/TTY” AT LEAST THREE WORKING DAYS PRIOR TO THE MEETING, IF POSSIBLE.
Post Through: 02/21/2018 Planning Commission & Architectural Commission Agenda Report
TO: PLANNING COMMISSION & ARCHITECTURAL COMMISSION
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: FEBRUARY 20, 2018
SUBJECT: STUDY SESSION FOR A PROPOSED CODE AMENDMENT – ACCESSORY DWELLING UNITS (ADUs)
SUMMARY
This study session is intended to provide an opportunity for both the Planning Commission and the Architectural Commission to learn about recent changes in State law that aim to increase production of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) throughout the state. The discussion at the study session will cover how these units, referred to as Accessory Second Units in the Claremont Municipal Code (CMC), are currently regulated in Claremont. Additionally, the study session will provide an opportunity for Commissioners, as well as the public, to provide feedback on this topic that staff may integrate into a draft ordinance amending the CMC. As the advisory body for code amendments, the Planning Commission will review the draft ordinance at a subsequent public hearing and make a recommendation to the City Council, the final decision-making body for amendments to the CMC.
RECOMMENDATION
Staff recommends that the Architectural Commission and Planning Commission discuss changes in State law pertaining to ADU’s, how these units are currently regulated by the CMC, and provide staff with comments on how to best integrate new State-mandated regulatory requirements into the CMC in a manner that protects the character of the City’s residential neighborhoods while facilitating the creation of new ADUs.
BACKGROUND
Accessory Dwelling Units, or ADUs for short, are secondary, independent facilities located on a property with an existing residential unit or units. ADUs are commonly referred to as “granny flats” or “in-law” units. The CMC refers to them as “Accessory Second Units.” In September 2016, Governor Brown signed three legislative bills (Senate Bill 1069, and Assembly Bills 2299 and 2406) that amended Government Code Section 65852.2, which regulates ADUs. The intent of the three bills is to spur the increased production of ADUs, as well as “Junior Accessory Dwelling Units” (JADUs), which are smaller semi-independent living units located within the footprints of existing residential structures. Follow-up legislation passed in 2017 (SB 229 and AB 494)
ADU Study Session February 20, 2018 Page 2 of 11 clarified certain changes in the Government Code made through the first round of legislation.
The bills were passed in an effort to address the housing crisis affecting communities across Southern California and the State as a whole, where there exists a substantially higher demand for housing than can be met by the existing supply. In turn, housing affordability is affected, impacting both homeowners and renters. While large scale construction of new housing is needed to alleviate the unmet demand for housing and the related increase in the cost of housing, ADUs have been identified as a unique opportunity for homeowners to also create new housing in an incremental fashion. The bills seek to address this crisis of housing availability and affordability by reducing the regulatory, physical, and financial barriers to constructing secondary living units. In doing so, the bills have the potential to address the unmet demand for affordable housing while at the same time assisting homeowners in offsetting the cost of homeownership and property maintenance by renting out secondary units as an additional source of revenue. These new State regulations, which went into effect on January 1, 2017, require local municipalities and counties to revise and ease restrictions on ADUs and provide more flexibility in development standards pertaining to ADUs, including but not limited to, location criteria, dwelling unit sizes, setbacks, parking requirements, conversions of garages into livable units, fire sprinkler requirements, utility connection, and development impact fees.
Claremont’s current requirements for “Accessory Second Units” are contained in CMC Chapter 16.333 (Attachment A). The existing regulations were put in place in 2003 and were similarly prompted by legislation at the State level that intended to spur increased production of accessory second units. Regulatory changes in 2002 required the City to make the review and approval process for accessory second units ministerial, prohibiting discretionary review or the holding of a public hearing for proposals for secondary units. Changes to State law at that time allowed for cities to designate areas where accessory units could be permitted and also allowed cities to implement development standards for these units.
Current CMC requirements for ADUs differ from new State requirements in several respects. The following table compares CMC requirements to new State requirements and indicates areas where the CMC may need to be amended in order to comply with these recent changes to State law.
Claremont Municipal Code State law Review Process: Ministerial (not discretionary) Ministerial (not discretionary) Dwelling Unit Size: - Maximum: 700 square feet Maximum: Shall not exceed 50% - Minimum: 400 square feet of existing residential floor area with a maximum of 1,200 square (May be attached to a single- feet, if attached. If detached, family residence or a detached ADUs may be no larger than accessory structure) 1,200 square feet.
Minimum: 150 square feet ADU Study Session February 20, 2018 Page 3 of 11
(May be attached to a single- family residence or a detached accessory structure) Lot Development: Restricted to one ADU per lot More than one ADU per lot may be permitted Permitted Sites: If zoned RS, properties must All single-family and multifamily satisfy certain criteria in the City’s residential properties having an RS zones pertaining to lot size, existing or proposed residential location at the intersection of two unit on them. (Unless findings streets, or having alley frontage. are made relating to inadequacy of water and sewer services, If zoned RM, the subject property and/or adverse impacts on traffic must have a certain minimum lot flow and safety). area.
Properties zoned RR may have an ADU so long as the property has the minimum lot area for that zone. Setback Requirements: ADUs are subject to setback Second units are subject to requirements of the underlying existing setback requirements of zone. the underlying zone except that no setback shall be required for an existing garage/accessory structure converted to an ADU, and a setback of no more than five feet from side and rear property lines shall be required for and ADU built over an existing garage (if ADUs over one story in height are permitted). Parking requirements: One parking space per ADU. No more than one parking space per unit or ADU bedroom may be required.
Parking may not be required for ADU’s located: - within a half-mile of public transit (as defined by the City) - within “an architecturally or historically significant district” (as defined by the City) - entirely within the footprint of an existing primary residence or accessory structure - within one block of a “car share vehicle” (as defined by the City) Parking standards: Parking for the ADU may be Cities are required to be flexible covered, uncovered or through in accommodating parking tandem parking as long as required for ADU’s including ADU Study Session February 20, 2018 Page 4 of 11
tandem parking does not tandem parking on an existing interfere with access to required driveway. Parking must be parking. Parking may be permitted in setback areas or provided in side- or rear-yard through tandem parking unless setback areas, but not in front or specific findings are made that street-side setback areas. such parking is not feasible based on site-specific, regional Replacement parking spaces in topographical, or fire, life and instances where an existing safety conditions. garage providing required parking for a main residence is Cities may require that converted to an ADU must replacement spaces be provided comply CMC requirements for when garages are converted to required parking (i.e. covered ADUs. However, replacement and outside of setback areas) spaces may be located in any configuration on the lot including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile lifts. Height: Detached ADU may only be one- Cities may regulate the height of story. Attached ADU may not ADU’s. exceed the height of the existing residence. Lot Coverage: ADUs subject to lot coverage Cities may set lot coverage requirements of the underlying standards for ADUs. zone. Occupancy Requirements The owner of the property must Cities may enforce owner- and Rentals: reside in either the main occupant requirement and may residence or ADU while the other prohibit short-term rentals of is being rented out (excluding the ADU’s Arbol Verde zoning district).
The rental of both units may be permitted for a period not to exceed 15 months with approval from the Community Development Director. Short term rentals of ADUs are not explicitly prohibited in CMC Chapter 16.333. Architectural Design The design of ADUs must comply Cities may regulate ADU Criteria: with five Architectural Design architecture (however, the overall Standards listed in CMC Section ADU review and approval 16.333.060. These current process must be ministerial as standards are ministerial. opposed to discretionary) Landscaping: Landscape plans must Cities may require and regulate accompany ADU proposals and ADU landscaping. landscaping must be installed within 90 days after the City’s final inspection of the ADU.
To date, there has been only moderate demand to create “Accessory Second Units” in Claremont. While the Planning Division receives many inquiries from homeowners and ADU Study Session February 20, 2018 Page 5 of 11 prospective home buyers, many of these are for properties that do not qualify for an ADU or the property owners are deterred by the costs of construction and refrain from submitting an Accessory Second Unit Permit (ASUP) application. Over the last three years (2017, 2016, and 2015) 7, 2, and 3 ASUP applications were approved, respectively. No ASUP applications were received in the years 2011, 2012, 2013, and 2014. The number of ASUP applications approved demonstrates a slight increase in interest for ASU/ADUs in Claremont as housing costs have increased with an improving economy, as the housing shortage has become more severe, and as awareness of changes to State law regarding ADUs grows.
Several helpful documents that provide further background and information regarding new State law pertaining to ADUs are attached to this report. The attachments provided include the California Department of Housing and Community Development’s Accessory Dwelling Unit Memorandum (Attachment B), a summary table of regulatory changes pertaining to ADUs prepared by the City’s legal counsel (Attachment C), a December 2017 report from the UCBerkeley Tenner Center evaluating the early impact of new State law (Attachment D), and the American Planning Association’s February 2018 Zoning Practice monthly document which includes commentary on ADU allowances in existing, built-out neighborhoods. Additionally, California Government Code Section 65852.2, which was modified by the recent legislation discussed in this report, has been included in its entirety (Attachment E).
ANALYSIS
While the overall intent of the new State law pertaining to ADUs is to spur the increased production of such units by limiting local agencies from enacting and enforcing restrictions that excessively burden the construction of ADUs, the law allows local agencies to maintain discretion over certain development standards and provisions. By maintaining some discretion in how ADUs are regulated, local agencies can help ensure new ADUs are well integrated into, and compatible with, their urban fabric. Local agencies may adopt standards that are less stringent than those prescribed by the State, but may not adopt more stringent standards that would inhibit the construction of ADUs except in areas where State law allows them to maintain discretion. With the above table serving as an introduction to the differences between current Code requirements and new State law, the following section provides a brief analysis, a summary of policy considerations, and a preliminary staff recommendation for topic areas where cities maintain discretion in the development of ADUs. Staff requests Commissioner feedback on the following topic areas so that it may be integrated, where legally permissible, into a draft ordinance in compliance with State law for further review by the Planning Commission and City Council.
Permitted Sites and Lot Development
While State law affords local agencies some discretion in establishing criteria for where ADUs may be permitted, any criteria restricting the development of ADUs to certain areas must be based on findings regarding the adequacy of water and sewer systems ADU Study Session February 20, 2018 Page 6 of 11 serving these areas and/or traffic flow and public safety. If no such findings are made, ADUs must be permitted on all lots that are zoned for single or multifamily residential use. State law also permits local agencies to limit the number of ADUs on a residential property to no more than one.
Accessory Dwelling Unit Size
As noted in the table above, new State law allows for ADUs to be as large as 1,200 square feet in size (or 50% of existing floor area of the main residence so long as it does not exceed 1,200 square feet). This is an increase over the current CMC maximum of 700 square feet for second units. Staff believes that ADUs up to 1,200 square feet would be appropriate for the City’s larger lots, but would be incompatible in neighborhoods such as Historic Claremont where smaller lot sizes are prevalent. As such, staff recommends that the new ordinance take a sliding scale approach where the maximum permitted size of an ADU is based on a lot’s square footage. Staff has contemplated implementing such an approach in the following manner and welcomes input on this topic:
Lot Size (square feet) Maximum Floor Area of ADU (square feet) 5,000 - 7,999 700 8,000 – 9,999 800 10,000 – 19,999 900 20,000 or more 1,200
Lot Coverage
While State law allows for the building footprints of attached or detached ADUs that are not located within an existing building footprint to be exempted from counting towards a property’s overall lot coverage, staff believes that ADUs should be required to count towards maximum lot coverage. Doing so would help ensure that individual properties maintain sufficient open space to provide outdoor living area and avoid over- development of a lot.
Height
The CMC prohibits any structures that are accessory to a residential unit to exceed one story, or fifteen feet in height. However, numerous instances of taller accessory structures exist, especially in the City’s older neighborhoods. Current CMC regulations for second units are consistent with the City-wide restriction on the height of accessory structures, but allow for attached ADUs located on the second story of an existing two- story residence. State law, on the other hand allows for two-story detached ADUs as well as ADUs constructed over existing garages. Staff has concerns regarding permitting ADUs in these configurations as they have the potential to introduce privacy ADU Study Session February 20, 2018 Page 7 of 11 impacts to surrounding properties that may not be easy to mitigate. Staff’s recommendation at this time is to maintain the prohibition on detached ADUs greater than one-story in height, while continuing to permit attached ADUs that do not exceed the existing height of the main residence on the property.
Parking
Changes to regulations for how parking is provided for ADUs represent a significant deviation from current Code provisions. As noted in the summary table, State law prohibits that any parking be required in a number of instances. Local agencies may not require parking for an ADU if the subject property is:
- within a half-mile of public transit (as defined by the City) - within “an architecturally or historically significant district” (as defined by the City) - entirely within the footprint of an existing primary residence or accessory structure - within one block of a “car share vehicle” (as defined by the City)
State law allows local agencies to define the terms “public transit,” “architecturally and historically significant district,” and “car share vehicle” inasmuch as they apply to ADUs. Staff proposes the following definition of “public transit” for inclusion in the new ordinance.
“Public transit” is defined, for the purposes of this chapter, as an existing rail transit station, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
The definition is closely similar to how the term “Major Transit Stop” is defined in the California Public Resources Code. Two of the City’s transit hubs satisfy the above definition: Claremont Transit Center and Claremont Metrolink stop on First Street, as well as the intersection of Indian Hill Boulevard and Foothill Boulevard. No parking would be required for ADUs on properties within a half-mile of these locations. Staff believes that above definition is consistent with State law and provides relief from parking for ADUs in appropriate locations that are served by public transit in the City.
Staff believes that it is appropriate to define “architectural and historically significant district” as the Historic Claremont (HC) and Arbol Verde (AV) zoning districts in order to be consistent with State law. The City’s two historic zoning designations overlap significantly with the areas exempt from parking requirements due to their proximity to public transit.
State law also requires that the City revise standards for parking spaces when they are required for ADUs. Local agencies may no longer restrict parking for ADUs from being located in front or street-side setbacks unless specific findings are based finding that such parking arrangements are “not feasible” based on site-specific or regional topographical or fire and life safety conditions. Tandem parking must also be permitted ADU Study Session February 20, 2018 Page 8 of 11 on this same basis. These requirements are a departure from current CMC provisions that prohibit ADU parking from being located in front and street-side setbacks. Given State requirements, staff believes that it would be appropriate to permit parking required for ADUs to be located on existing driveways even where they encumber direct access to required parking spaces for the main residence. Doing so avoids incentivizing applicants to widen driveways, or otherwise increase the amount of paved, impermeable surfaces in front yard areas. Note that agencies are not required to adjust landscaping standards that limit the width of residential driveways, or ease restrictions on opening new drive approaches where they are currently prohibited. Additionally, standards such as parking space dimensions and vehicle backup requirements may continue to be enforced in reviewing ADU proposals in order to ensure parking spaces for ADUs are functional.
Another significant change from existing regulations is the requirement that replacement parking, when an existing garage is converted into an ADU, be provided in a flexible manner. Replacement parking spaces to satisfy parking requirements for the main residence (in terms of being covered and being located with setbacks) may no longer be applied. As a result, State law could potentially allow for a situation where the required parking for both the main residence and an ADU on a lot be provided uncovered on driveways. Staff finds that it would be appropriate to leave driveway width and front-yard landscaping unchanged, requiring that parking for an ADU, when required, be provided on driveways, even where they interfere with access to existing covered parking spaces.
Architectural Design Criteria
State law allows local agencies to regulate ADU architecture. The City maintains a robust practice of conducting architectural design review for proposed development in order to protect and enhance the livability and character of the City. Under current Code regulations, ADUs are subject to architectural design standards, listed in CMC Section 16.333.060, that are separate from the architectural design review criteria that apply to other development in the City (found in CMC Section 16.300.060). The design review standards for ADUs are intended to ensure that the ADUs are compatible with existing residences in terms of architectural design and quality and that they do not detract from the single-family residential character of the neighborhoods in which they are permitted. These standards are objective and therefore ministerial as provided for in both existing new State regulations.
Existing and new State law requires that the review of ADU applications is ministerial, not discretionary; meaning that if a proposal satisfies the applicable standards, it must be approved. Otherwise, architectural design review is a discretionary process in which either Planning Division staff or the Architectural Commission evaluate the design of a structure against the twelve design review criteria in CMC Section 16.300.606 and make a judgment as to whether or not all of the criteria are satisfied before approving or denying a proposal. The fact that ADU permits are required to be ministerial, while design review is often discretionary in nature represents an inherent tension in how ADU Study Session February 20, 2018 Page 9 of 11
ADUs must be regulated. As local regulations are revised to allow ADUs on more of the City’s residential properties, and as the number ADU applications is expected to increase, it will be important to put in place architectural design review standards for ADUs that are functional and useful for both City staff and applicants within the framework of a ministerial review process. Architectural design review standards or criteria for ADUs should be clear and easy to interpret while serving to ensure the architecture of ADUs is of sufficient quality, is compatible with the architecture of the existing residence, does not detract from a neighborhood’s established development pattern, and protects the privacy of neighbors.
Staff believes that it may be useful to look to the architectural design review criteria in CMC Section 16.300.060 in discussing design review standards for ADUs, but also acknowledges that reviewing projects against these criteria would require subjective interpretation and use of judgment. Using all of the design review criteria in reviewing ADU proposals may be inconsistent with the intent and spirit of the new State law. An alternative to using design review standards or criteria that are similar to those found in the CMC would be to develop a list of simpler, prescriptive design standards that leave less room for subjective judgment while still serving to accomplish the same goals. Staff would like to discuss these alternative approaches with the Commissions to best inform staff in preparing a draft ordinance.
Occupancy Requirement and Rentals
Staff recommends that the new ordinance maintains the existing owner-occupant requirement for ADUs as it is allowed by State law. Currently, property owners must sign and notarize a deed restriction to which the City is a party and which is recorded against the property. The deed restriction affirms that the property owner will reside in either the ADU or the main residential unit while the other is rented out. The owner occupancy standard is in place to help protect the single-family residential character of the City’s neighborhoods and avoid situations where two units are being rented by an absentee owner. Under current Code requirements, the deed restriction must be signed, notarized, and provided to the City prior to the issuance of building permits for the ADU. Prior to final approval of building permits and allowed occupancy, the deed restriction document must be recorded on the title to the property to ensure current and future owners are aware of this requirement.
With respect to short-term rentals, CMC Chapter 16.333 does not feature a restriction on short-term rentals for ADUs specifically. However, short-term rentals of less than 30- days are prohibited throughout the City. Staff recommends that a new ordinance include a specific provision prohibiting the short-term rental of ADUs.
JUNIOR ACCESSORY DWELLING UNITS (JADUs)
Changes to State law are also intended to spur the development of JADUs, which are smaller, semi-independent secondary units located within an existing residence. Whereas an ADU is a fully-independent livable unit containing its own sanitary and ADU Study Session February 20, 2018 Page 10 of 11 cooking facilities, a JADU is a small living space of up to 500 square feet within a room of an existing dwelling. JADUs must contain an efficiency kitchen and can have a private bathroom, or one that is shared with the main dwelling. It must have a separate exterior access and maintain interior access to the rest of the house (unlike an ADU). Although local agencies are not required to adopt an ordinance allowing JADUs, these types of units offer homeowners additional options to take advantage of underutilized livable area without entailing additional stress on infrastructure because JADUs repurpose the existing livable area of a residence. In offering provisions for JADUs, the number of ADUs created through new additions or conversions of garage may be reduced. Staff would like to discuss JADUs with the Commissions in order to inform future policy direction.
NEXT STEPS
Following the study session, Planning Division staff will work to summarize and incorporate the feedback received from Commissioners and the public into a draft ordinance. Additionally, staff will work to answer questions and address any concerns brought up at the study session. With a completed draft ordinance that incorporates feedback and comments from the study session, the matter will be scheduled for a formal review and recommendation by the Planning Commission. Following a vote and recommendation from the Planning Commission, the code amendment will be scheduled for review by the City Council at one of their regularly scheduled meetings.
FINANCIAL REVIEW
The cost to prepare for and conduct the study session on ADUs is estimated at $2,000, which has been absorbed in the budget of the Community Development Department.
CEQA REVIEW
The study session on a code amendment pertaining to ADUs is not a project as defined by Section 15398 of the California Environmental Quality Act (CEQA) guidelines. Additionally, the proposed code amendment pertaining to ADUs is statutorily exempt from the provisions of CEQA pursuant to Section 15282(h) of the Public Resources Code that exempts the adoption of an ordinance regarding accessory dwelling units by cities and counties that implement the provisions of Section 65852.2 of the California Government Code. Therefore, no further environmental review is necessary.
PUBLIC NOTICE PROCESS
On Friday, February 9, 2018, notice of this study session was published in the Claremont Courier. Additionally, individual property owners who expressed an interest in being notified of the study session were sent either physical or digital copies of the meeting notice. Copies of this staff report are available at the City Hall public counter, the Youth Activity Center, the Alexander Hughes Community Center, the Claremont Public Library and the City website. ADU Study Session February 20, 2018 Pa e 11 of 11
Brad Johnson Nikola Hlady Community Development Director Assistant Planne
Attachments: A- CMC Section 16.333 - Accessory Second Units 8 - California Department of Housing and Community Development ADU Memorandum C- Summary Table of Regulatory Changes for ADUs D - December 2017 UCBerkeley Tenner Center Report E- APA February 2018 Zoning Practice Report F - California Government Code Section 65852.2 2/14/2018 Chapter 16.333 ACCESSORY SECOND UNITS
Claremont Municipal Code Up Previous Next Main Collapse Search Print No Frames TITLE 16 ZONING
Chapter 16.333 ACCESSORY SECOND UNITS
16.333.000 INTENT
The intent of this chapter is to provide for the creation of accessory second units in the City’s single-family and multiple-family residential districts, in accordance with Government Code Section 65852.2. This chapter prescribes standards for such second units to minimize adverse impacts on the public health, safety, and general welfare from the establishment of the second units. Approval of an accessory second unit permit pursuant to this chapter is a ministerial action not subject to discretionary review. An accessory second unit which conforms to these requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the Claremont General Plan and zoning designation for the lot. (08-05)
16.333.010 APPLICABILITY
A. New Accessory Second Units Any construction, establishment, alteration, enlargement, or modification of an accessory second unit shall comply with the requirements of this chapter, other development standards in this title applicable to the district in which the lot is located, and the City’s Building Code. B. Nonconforming Second Units http://qcode.us/codes/claremont/ 1/9 2/14/2018 Chapter 16.333 ACCESSORY SECOND UNITS All accessory second units which were legally constructed or initiated but which do not conform to this chapter are deemed nonconforming and shall be subject to the provisions of Chapter 16.400, Nonconformities, except as otherwise specified in Chapter 16.004, Historical Claremont District. C. Existing Illegal Second Units The provisions of this chapter shall in no way validate any existing illegal second unit. An application may be made pursuant to this chapter to convert an illegal second unit to a legal conforming accessory second unit, and shall be subject to the same standards and requirements as for a newly proposed accessory second unit. D. Designation of Existing Primary Unit to Accessory Second Unit An existing residential structure may be designated as an accessory second unit at such time as a new primary dwelling unit is constructed, provided the existing structure conforms to all the development of this chapter. E. Conflicting Provisions in Specific Plans and General Development Plans The provisions of this chapter shall supersede any standard or regulation in a specific plan or residential unit development plan adopted or approved by the City prior to the effective date of the ordinance codified in this chapter. (08-05)
16.333.020 PERMITTED SITES
One accessory second unit may be allowed on a residentially zoned lot provided the lot contains no more than one existing single-family dwelling and the residential lot meets the following criteria: A. In the RS (8,000) Single-Family Residential District, the lot must meet the following criteria: 1. The lot has direct vehicular access to and frontage upon an improved public alley in addition to a public street; and http://qcode.us/codes/claremont/ 2/9 2/14/2018 Chapter 16.333 ACCESSORY SECOND UNITS 2. The lot meets one of the following additional criteria: a. The lot is located at the intersection of two or more streets, and such streets are not arterial or collector streets from which there is no residential access; or b. The lot size is 12,000 square feet or greater. B. In the RS (10,000), RS (13,000) and RS (20,000) Single-Family Residential Districts, the lot shall meet one of the following criteria: 1. The lot has direct vehicular access to and frontage upon an improved public alley in addition to a public street; or 2. The lot is located at the intersection of two or more streets, and such streets are not arterial or collector streets from which there is no residential access; or 3. The lot size is as follows: a. In RS (10,000) District – 14,000 square feet or greater. b. In RS (13,000) District – 16,900 square feet or greater. c. In RS (20,000) District – 26,000 square feet or greater. C. In the RR Rural Residential Districts, the lot size shall be as follows: 1. In the RR (35,000) District – 35,000 square feet or greater. 2. In the RR (1.0 acre) District – One (1) acre or greater. D. In the H Hillside District, the minimum lot size is 15,000 square feet. E. In the RM Medium Density Districts, the lot shall be as follows: 1. RM 4000 – 7000 square feet or greater. 2. RM 3000 – 6500 square feet or greater. 3. RM 2000 – 6000 square feet or greater. http://qcode.us/codes/claremont/ 3/9 2/14/2018 Chapter 16.333 ACCESSORY SECOND UNITS F. In the HC Historical Claremont District, the lot size shall be 12,000 square feet or greater, and shall contain no more than one dwelling unit. G. In the AV Arbol Verde Districts, the lot shall meet one of the following criteria: 1. The lot is located at the intersection of two or more streets, and such streets are not arterial or collector streets from which there is no residential access; or 2. The lot size is 11,250 square feet or greater. H. In specific plan areas, the lot size shall be as follows: 1. In Specific Plan #2 (Meadowood Specific Plan) – 16,900 square feet or greater. 2. In Specific Plan #5 (Williams Specific Plan) – No second units are permitted in this plan area because the density of the project area is significantly greater than that which was allowed under the area’s previous zoning. 3. In Specific Plan #6 (Claremont Hills Specific Plan): a. Residential Estate (RE) lots – 17,500 square feet or greater. b. Residential Hillside (RH) lots – 15,000 square feet or greater. 4. In Specific Plan #7 (The Grove) – No second units are permitted in this plan area because the density of the project area is greater than that which was allowed under the area’s previous zoning and is greater than that of the surrounding area. 5. In Specific Plan #8 (Village Expansion): a. Residential Mixed Use (RMX) Zone – The lot shall be 6,000 square feet or greater, and shall contain no more than one single-family dwelling. b. Residential (R) Zone – No accessory second units are permitted in this zone as the development approved in this zone has a density of 14 units to the acre which is among the highest in the City. (08-05) http://qcode.us/codes/claremont/ 4/9 2/14/2018 Chapter 16.333 ACCESSORY SECOND UNITS
16.333.030 ACCESSORY SECOND UNIT REQUIREMENTS
A. An accessory second unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation separate from the primary dwelling unit on the same lot. The accessory second unit shall not be intended or offered for sale separately from the primary dwelling unit. B. The accessory second unit shall be either attached to the existing dwelling unit and located within the living area of the existing dwelling, or detached from the existing dwelling and located on the same lot as the existing dwelling. A second unit connected to a primary dwelling unit by only a breezeway shall be considered detached from the primary unit. C. An accessory second unit shall be constructed on a permanent foundation and connected to the public sewer. D. The following additional requirements shall apply to accessory second units in all residential districts except the AV Arbol Verde Single-Family Residential Districts: 1. The owner of the accessory second unit shall live within the primary dwelling unit or the accessory second unit, and may rent the other unit. The two units shall not be concurrently rented, excepting upon request from the property owner, the Director may grant the owner a temporary exception to the occupancy requirement for a period not to exceed 15 months. 2. Prior to issuance of a building permit for the accessory second unit, the owner shall demonstrate to the City that he or she meets this occupancy requirement, and record a deed restriction on the property prohibiting the rental or lease of both units at the same time. 3. An accessory second unit shall not be metered separately from the primary dwelling unit for gas, electricity, and water. (12-07; 08-05)
16.333.040 SETBACKS, LOT COVERAGE, AND FLOOR AREA RESTRICTIONS http://qcode.us/codes/claremont/ 5/9 2/14/2018 Chapter 16.333 ACCESSORY SECOND UNITS A. An accessory second unit shall conform to all required setback requirements of the district in which the lot is located. B. All development on the lot shall conform to lot coverage standards of the district in which the lot is located. C. The floor area of an accessory unit shall not exceed 700 square feet, nor be less than 400 square feet pursuant to the definition of efficiency unit as set forth in Chapter 16.900. D. The unit shall not include more than two bedrooms. E. The floor area of an attached accessory second unit shall be included in the floor area calculation of the primary dwelling unit. (08-05)
16.333.050 HEIGHT RESTRICTIONS
A. Detached Accessory Second Units An accessory second unit detached from the primary dwelling unit shall be limited to one story, shall not exceed 15 feet in height or the height of the primary unit, and shall not be constructed over a garage space. B. Attached Accessory Second Units An accessory second unit attached to the primary unit shall not exceed the height of the primary dwelling unit. (08-05)
16.333.060 ARCHITECTURAL DESIGN STANDARDS
A. The accessory second unit shall be of the same or substantial the same architectural style of the primary dwelling unit. http://qcode.us/codes/claremont/ 6/9 2/14/2018 Chapter 16.333 ACCESSORY SECOND UNITS B. All exterior surfaces, roofing, windows, light fixtures, and other architectural details of the accessory second unit shall be of the same style, materials, colors, and quality as used for the primary dwelling unit, although a proposed higher quality material shall be allowed. C. The accessory second unit shall be provided with an entrance separate from that of the primary dwelling and pedestrian access shall be provided to the entrance from a public street or alley. D. The entrance to the accessory second unit shall not be oriented to the street or otherwise alter the single-family appearance of the property from the street. E. All second unit proposals shall include landscaping plans, and the landscaping shall be installed within 90 days after the final inspection of the second unit by the City’s Building Division. (08-05)
16.333.070 PARKING AND DRIVEWAY PROVISIONS
A. No accessory second unit may be permitted on a lot where the required parking for the existing dwelling unit has not been met. B. One off-street parking space shall be required for the accessory second unit. Such parking space shall be nine feet wide and 20 feet long, and be provided on the same lot as the second unit. A covered parking space is preferred but not required. The parking space for the second unit shall be in addition to the parking required for the primary residence. C. No additional driveway approaches from public streets shall be permitted for the parking for accessory second units. Access to the parking can be provided from an alley. D. The required parking space for the accessory second unit may be located in rear or non-street side setbacks or through tandem parking on existing driveways, but such space shall not interfere with access to the required parking for the primary residence. (08-05)
http://qcode.us/codes/claremont/ 7/9 2/14/2018 Chapter 16.333 ACCESSORY SECOND UNITS 16.333.080 PERMIT REQUIREMENT
A. Filing Any new accessory second unit shall require approval of an accessory second unit permit. The application for such permit shall be made on forms provided by the Department of Community Development together with any applicable fees. The application shall include all information needed to determine compliance with this chapter. The application fee shall be established by resolution of the City Council. B. Application Screening Upon receipt of an application for an accessory second unit, staff shall review the application, inform the applicant as to the completeness of the submittal and of any additional information materials required, if any. C. Noticing of Application Pursuant to Government Code Section 65852.2, notice of an application for an accessory second unit shall not be given to owners of surrounding properties. D. Action on Application 1. Staff shall approve a completed application if the proposed accessory second unit complies with the requirements of this chapter. As a condition of the permit, the applicant shall record a deed restriction on the property limiting the rental or lease of both units in compliance with Section 16.333.030.C and D. 2. Staff shall deny an application for an accessory second unit if the proposed second unit is not in compliance with all requirements of this chapter. 3. Within five days of its decision on the application, staff shall give notice of the decision to the applicant and, as a courtesy, to the owners of adjacent properties.
http://qcode.us/codes/claremont/ 8/9 2/14/2018 Chapter 16.333 ACCESSORY SECOND UNITS E. Permit “Runs With the Land” An accessory second unit permit that was granted pursuant to this section, and is valid and in effect, shall continue to be valid upon change of ownership of the property, provided the new property owner meets the occupancy requirement of Section 16.333.030.C. F. Permit Revocation The Director of Community Development shall have the right to revoke the permit granted under this chapter if the accessory second unit for which the permit was granted violates one or more requirements of this chapter, or the property owner no longer meets the occupancy requirements of Section 16.333.030.C. The Director shall give notice of permit revocation to the property owner. If a permit for an accessory second unit is revoked, the owner shall remove the kitchen facilities from the unit space, and shall not rent the unit space except together with the primary residence to a single household. G. Any person aggrieved by a decision of the Director or staff on an application for or revocation of an accessory second unit permit may appeal such action pursuant to Chapter 16.321, Appeals and Council Review. (08-05)
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http://qcode.us/codes/claremont/ 9/9 Courtesy of Karen Chapple, UC Berkeley
California Department of Housing and Community Development Where Foundations Begin Accessory Dwelling Unit Memorandum December 2016
Table of Contents
Understanding ADUs and Their Importance ...... 1 Summary of Recent Changes to Accessory Dwelling Unit Laws ...... 3 Frequently Asked Questions: Accessory Dwelling Units ...... 7
Should an Ordinance Encourage the Development of ADUs? ...... 7 Are Existing Ordinances Null and Void? ...... 7 Are Local Governments Required to Adopt an Ordinance? ...... 8 Can a Local Government Preclude ADUs? ...... 8 Can a Local Government Apply Development Standards and Designate Areas? ...... 8 Can a Local Government Adopt Less Restrictive Requirements? ...... 9 Can Local Governments Establish Minimum and Maximum Unit Sizes? ...... 9 Can ADUs Exceed General Plan and Zoning Densities? ...... 10 How Are Fees Charged to ADUs?...... 11 What Utility Fee Requirements Apply to ADUs…………………………………………………………..11 What Utility Fee Requirements Apply to Non-City and County Service Districts? ...... 11 Do Utility Fee Requirements Apply to ADUs within Existing Space? ...... 11 Does “Public Transit” Include within One-half Mile of a Bus Stop and Train Station? ...... 11 Can Parking Be Required Where a Car Share is Available? ...... 12 Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? ...... 12 Is Covered Parking Required? ...... 12 Is Replacement Parking Required When the Parking Area for the Primary Structure is Used for an ADU? ...... 12 Are Setbacks Required When an Existing Garage is Converted to an ADU? ...... 12 Are ADUs Permitted in Existing Residence and Accessory Space? ...... 13 Are Owner Occupants Required? ...... 13 Are Fire Sprinklers Required for ADUs? ...... 13 Is Manufactured Housing Permitted as an ADU? ...... 14 Can an Efficiency Unit Be Smaller than 220 Square Feet?...... 14 Does ADU Law Apply to Charter Cities and Counties? ...... 14 Do ADUs Count toward the Regional Housing Need Allocation………………………………… ...... 14 Must Ordinances Be Submitted to the Department of Housing and Community Development? ..... 15
Frequently Asked Questions: Junior Accessory Dwelling Units ...... 16 Is There a Difference between ADU and JADU? ...... 16 Why Adopt a JADU Ordinance?…………………………………………………...... 17 Can JADUs Count towards The RHNA? ...... 17 Can the JADU Be Sold Independent of the Primary Dwelling? ...... 17 Are JADUs Subject to Connection and Capacity Fees? ...... 17 Are There Requirements for Fire Separation and Fire Sprinklers? ...... 18 Resources ...... 19
Attachment 1: Statutory Changes (Strikeout/Underline) ...... 19 Attachment 2: Sample ADU Ordinance ...... 26 Attachment 3: Sample JADU Ordinance ...... 29 Attachment 4: State Standards Checklist ...... 32 Attachment 5: Bibliography ...... 33
Understanding Accessory Dwelling Units and Their Importance
California’s housing production is not keeping pace with demand. In the last decade less than half of the needed housing was built. This lack of housing is impacting affordability with average housing costs in California exceeding the rest of the nation. As affordability becomes more problematic, people drive longer distances between a home that is affordable and where they work, or double up to share space, both of which reduces quality of life and produces negative environmental impacts.
Beyond traditional market-rate construction and government subsidized production and preservation there Courtesy of Karen Chapple, UC Berkeley are alternative housing models and emerging trends that can contribute to addressing home supply and affordability in California. One such example gaining popularity are Accessory Dwelling Units (ADUs) (also referred to as second units, in- law units, or granny flats).
What is an ADU An ADU is a secondary dwelling unit with complete independent living facilities for one or more persons and generally takes three forms:
Detached: The unit is separated from the primary structure Attached: The unit is attached to the primary structure Repurposed Existing Space: Space (e.g., master bedroom) within the primary residence is converted into an independent living unit Junior Accessory Dwelling Units: Similar to repurposed space with various streamlining measures
ADUs offer benefits that address common development barriers such as affordability and environmental quality. ADUs are an affordable type of home to construct in California because they do not require paying for land, major new infrastructure, structured parking, or elevators. ADUs are built with cost-effective one- or two-story wood frame construction, which is significantly less costly than homes in new multifamily infill buildings. ADUs can provide as much living space as the new apartments and condominiums being built in new infill buildings and serve very well for couples, small families, friends, young people, and seniors.
ADUs are a different form of housing that can help California meet its diverse housing needs. Young professionals and students desire to live in areas close to jobs, amenities, and schools. The problem with high-opportunity areas is that space is limited. There is a shortage of affordable units and the units that are available can be out of reach for many people. To address the needs of individuals or small families seeking living quarters in high opportunity areas, homeowners can construct an ADU on their lot or convert an underutilized part of their home like a garage
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into a junior ADU. This flexibility benefits not just people renting the space, but the homeowner as well, who can receive an extra monthly rent income.
ADUs give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place as they require more care and helping extended families to be near one another while maintaining privacy.
Relaxed regulations and the cost to build an ADU make it a very feasible affordable housing option. A UC Berkeley study noted that one unit of affordable housing in the Bay Area costs about $500,000 to develop whereas an ADU can range anywhere up to $200,000 on the expensive end in high housing cost areas.
ADUs are a critical form of infill-development that can be affordable and offer important housing choices within existing neighborhoods. ADUs are a powerful type of housing unit because they allow for different uses, and serve different populations ranging from students and young professionals to young families, people with disabilities and senior citizens. By design, ADUs are more affordable and can provide additional income to homeowners. Local governments can encourage the development of ADUs and improve access to jobs, education and services for many Californians.
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Summary of Recent Changes to ADU Laws
The California legislature found and declared that, among other things, allowing accessory dwelling units (ADUs) in single family and multifamily zones provides additional rental housing and are an essential component in addressing housing needs in California. Over the years, ADU law has been revised to improve its effectiveness such as recent changes in 2003 to require ministerial approval. In 2017, changes to ADU laws will further reduce barriers, better streamline approval and expand capacity to accommodate the development of ADUs.
ADUs are a unique opportunity to address a variety of housing needs and provide affordable housing options for family members, friends, students, the elderly, in-home health care providers, the disabled, Courtesy of Karen Chapple, UC Berkeley and others. Further, ADUs offer an opportunity to maximize and integrate housing choices within existing neighborhoods.
Within this context, the Department has prepared this guidance to assist local governments in encouraging the development of ADUs. Please see Attachment 1 for the complete statutory changes. The following is a brief summary of the changes for each bill.
SB 1069 (Wieckowski)
S.B. 1069 (Chapter 720, Statutes of 2016) made several changes to address barriers to the development of ADUs and expanded capacity for their development. The following is a brief summary of provisions that go into effect January 1, 2017.
Parking
SB 1069 reduces parking requirements to one space per bedroom or unit. The legislation authorizes off street parking to be tandem or in setback areas unless specific findings such as fire and life safety conditions are made. SB 1069 also prohibits parking requirements if the ADU meets any of the following:
• Is within a half mile from public transit. • Is within an architecturally and historically significant historic district. • Is part of an existing primary residence or an existing accessory structure. • Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU. • Is located within one block of a car share area.
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Fees
SB 1069 provides that ADUs shall not be considered new residential uses for the purpose of calculating utility connection fees or capacity charges, including water and sewer service. The bill prohibits a local agency from requiring an ADU applicant to install a new or separate utility connection or impose a related connection fee or capacity charge for ADUs that are contained within an existing residence or accessory structure. For attached and detached ADUs, this fee or charge must be proportionate to the burden of the unit on the water or sewer system and may not exceed the reasonable cost of providing the service.
Fire Requirements
SB 1069 provides that fire sprinklers shall not be required in an accessory unit if they are not required in the primary residence.
ADUs within Existing Space
Local governments must ministerially approve an application to create within a single family residential zone one ADU per single family lot if the unit is:
• contained within an existing residence or accessory structure. • has independent exterior access from the existing residence. • has side and rear setbacks that are sufficient for fire safety. These provisions apply within all single family residential zones and ADUs within existing space must be allowed in all of these zones. No additional parking or other development standards can be applied except for building code requirements.
No Total Prohibition
SB 1069 prohibits a local government from adopting an ordinance that precludes ADUs.
AB 2299 (Bloom)
Generally, AB 2299 (Chapter 735, Statutes of 2016) requires a local government (beginning January 1, 2017) to ministerially approve ADUs if the unit complies with certain parking requirements, the maximum allowable size of an attached ADU, and setback requirements, as follows:
The unit is not intended for sale separate from the primary residence and may be rented.
The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.
The unit is either attached to an existing dwelling or located within the living area of the existing dwelling or detached and on the same lot.
The increased floor area of the unit does not exceed 50% of the existing living area, with a maximum increase in floor area of 1,200 square feet.
The total area of floorspace for a detached accessory dwelling unit does not exceed 1,200 square feet.
No passageway can be required.
No setback can be required from an existing garage that is converted to an ADU.
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Compliance with local building code requirements.
Approval by the local health officer where private sewage disposal system is being used.
Impact on Existing Accessory Dwelling Unit Ordinances
AB 2299 provides that any existing ADU ordinance that does not meet the bill’s requirements is null and void upon the date the bill becomes effective. In such cases, a jurisdiction must approve accessory dwelling units based on Government Code Section 65852.2 until the jurisdiction adopts a compliant ordinance.
AB 2406 (Thurmond)
AB 2406 (Chapter 755, Statutes of 2016) creates more flexibility for housing options by authorizing local governments to permit junior accessory dwelling units (JADU) through an ordinance. The bill defines JADUs to be a unit that cannot exceed 500 square feet and must be completely contained within the space of an existing residential structure. In addition, the bill requires specified components for a local JADU ordinance. Adoption of a JADU ordinance is optional.
Required Components
The ordinance authorized by AB 2406 must include the following requirements:
• Limit to one JADU per residential lot zoned for single-family residences with a single-family residence already built on the lot. • The single-family residence in which the JADU is created or JADU must be occupied by the owner of the residence. • The owner must record a deed restriction stating that the JADU cannot be sold separately from the single- family residence and restricting the JADU to the size limitations and other requirements of the JADU ordinance. • The JADU must be located entirely within the existing structure of the single-family residence and JADU have its own separate entrance. • The JADU must include an efficiency kitchen which includes a sink, cooking appliance, counter surface, and storage cabinets that meet minimum building code standards. No gas or 220V circuits are allowed. • The JADU may share a bath with the primary residence or have its own bath.
Prohibited Components This bill prohibits a local JADU ordinance from requiring:
• Additional parking as a condition to grant a permit. • Applying additional water, sewer and power connection fees. No connections are needed as these utilities have already been accounted for in the original permit for the home.
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Fire Safety Requirements
AB 2406 clarifies that a JADU is to be considered part of the single-family residence for the purposes of fire and life protections ordinances and regulations, such as sprinklers and smoke alarms. The bill also requires life and protection ordinances that affect single-family residences to be applied uniformly to all single-family residences, regardless of the presence of a JADU.
JADUs and the RHNA
As part of the housing element portion of their general plan, local governments are required to identify sites with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation (RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a JADU toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit which is fairly flexible. Local government count units as part of reporting to DOF. JADUs meet these definitions and this bill would allow cities and counties to earn credit toward meeting their RHNA allocations by permitting residents to create less costly accessory units. See additional discussion under JADU frequently asked questions.
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Frequently Asked Questions: Accessory Dwelling Units
Should an Ordinance Encourage the Development of ADUs?
Yes, ADU law and recent changes intend to address barriers, streamline approval and expand potential capacity for ADUs recognizing their unique importance in addressing California’s housing needs. The preparation, adoption, amendment and implementation of local ADU ordinances must be carried out consistent with Government Code Section 65852.150:
(a) The Legislature finds and declares all of the following: (1) Accessory dwelling units are a valuable form of housing in California. (2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. (3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security. (4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California. (5) California faces a severe housing crisis. (6) The state is falling far short of meeting current and future housing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners. (7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (8) Accessory dwelling units are, therefore, an essential component of California’s housing supply. (b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.
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Are Existing Ordinances Null and Void?
Yes, any local ordinance adopted prior to January 1, 2017 that is not in compliance with the changes to ADU law will be null and void. Until an ordinance is adopted, local governments must apply “state standards” (See Attachment 4 for State Standards checklist). In the absence of a local ordinance complying with ADU law, local review must be limited to “state standards” and cannot include additional requirements such as those in an existing ordinance.
Are Local Governments Required to Adopt Courtesy of Karen Chapple, UC Berkeley an Ordinance? No, a local government is not required to adopt an ordinance. ADUs built within a jurisdiction that lacks a local ordinance must comply with state standards (See Attachment 4). Adopting an ordinance can occur through different forms such as a new ordinance, amendment to an existing ordinance, separate section or special regulations within the zoning code or integrated into the zoning code by district. However, the ordinance should be established legislatively through a public process and meeting and not through internal administrative actions such as memos or zoning interpretations.
Can a Local Government Preclude ADUs? No local government cannot preclude ADUs.
Can a Local Government Apply Development Standards and Designate Areas?
Yes, local governments may apply development standards and may designate where ADUs are permitted (GC Sections 65852.2(a)(1)(A) and (B)). However, ADUs within existing structures must be allowed in all single family residential zones.
For ADUs that require an addition or a new accessory structure, development standards such as parking, height, lot coverage, lot size and maximum unit size can be established with certain limitations. ADUs can be avoided or allowed through an ancillary and separate discretionary process in areas with health and safety risks such as high fire hazard areas. However, standards and allowable areas must not be designed or applied in a manner that burdens the development of ADUs and should maximize the potential for ADU development. Designating areas where ADUs are allowed should be approached primarily on health and safety issues including water, sewer, traffic flow and public safety. Utilizing approaches such as restrictive overlays, limiting ADUs to larger lot sizes, burdensome lot coverage and setbacks and particularly concentration or distance requirements (e.g., no less than 500 feet between ADUs) may unreasonably restrict the ability of the homeowners to create ADUs, contrary to the intent of the Legislature.
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Requiring large minimum lot sizes and not allowing smaller lot sizes for ADUs can severely restrict their potential development. For example, large minimum lot sizes for ADUs may constrict capacity throughout most of the community. Minimum lot sizes cannot be applied to ADUs within existing structures and could be considered relative to health and safety concerns such as areas on septic systems. While larger lot sizes might be targeted for various reasons such as ease of compatibility, many tools are available (e.g., maximum unit size, maximum lot coverage, minimum setbacks, architectural and landscape requirements) that allows ADUs to fit well within the built environment.
Can a Local Government Adopt Less Restrictive Requirements?
Yes, ADU law is a minimum requirement and its purpose is to encourage the development of ADUs. Local governments can take a variety of actions beyond the statute that promote ADUs such as reductions in fees, less restrictive parking or unit sizes or amending general plan policies.
Santa Cruz has confronted a shortage of housing for many years, considering its growth in population from incoming students at UC Santa Cruz and its proximity to Silicon Valley. The city promoted the development of ADUs as critical infill-housing opportunity through various strategies such as creating a manual to promote ADUs. The manual showcases prototypes of ADUs and outlines city zoning laws and requirements to make it more convenient for homeowners to get information. The City found that homeowners will take time to develop an ADU only if information is easy to find, the process is simple, and there is sufficient guidance on what options they have in regards to design and planning.
The city set the minimum lot size requirement at 4,500 sq. ft. to develop an ADU in order to encourage more homes to build an ADU. This allowed for a majority of single-family homes in Santa Cruz to develop an ADU. For more information, see http://www.cityofsantacruz.com/departments/planning-and-community- development/programs/accessory-dwelling-unit-development-program.
Can Local Governments Establish Minimum and Maximum Unit Sizes?
Yes, a local government may establish minimum and maximum unit sizes (GC Section 65852.2(c). However, like all development standards (e.g., height, lot coverage, lot size), unit sizes should not burden the development of ADUs. For example, setting a minimum unit size that substantially increases costs or a maximum unit size that unreasonably restricts opportunities would be inconsistent with the intent of the statute. Typical maximum unit sizes range from 800 square feet to 1,200 square feet. Minimum unit size must at least allow for an efficiency unit as defined in Health and Safety Code Section 17958.1.
ADU law requires local government approval if meeting various requirements (GC Section 65852.2(a)(1)(D)), including unit size requirements. Specifically, attached ADUs shall not exceed 50 percent of the existing living area or 1,200 square feet and detached ADUs shall not exceed 1,200 square feet. A local government may choose a maximum unit size less than 1,200 square feet as long as the requirement is not burdensome on the creation of ADUs.
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Can ADUs Exceed General Plan and Zoning Densities?
An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning. For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an additional unit. Minimum lot sizes must not be doubled (e.g., 15,000 square feet) to account for an ADU. Further, local governments could elect to allow more than one ADU on a lot.
New developments can increase the total number of affordable units in their project plans by integrating ADUs. Aside from increasing the total number of affordable units, integrating ADUs also promotes housing choices within a development. One such example is the Cannery project in Davis, CA. The Cannery project includes 547 residential units with up to 60 integrated ADUs. ADUs within the Cannery blend in with surrounding architecture, maintaining compatibility with neighborhoods and enhancing community character. ADUs are constructed at the same time as the primary single‐family unit to ensure the affordable rental unit is available in the housing supply concurrent with the availability of market rate housing.
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How Are Fees Charged to ADUs? All impact fees, including water, sewer, park and traffic fees must be charged in accordance with the Fee Mitigation Act, which requires fees to be proportional to the actual impact (e.g., significantly less than a single family home).
Fees on ADUs, must proportionately account for impact on services based on the size of the ADU or number of plumbing fixtures. For example, a 700 square foot new ADU with one bathroom that results in less landscaping should be charged much less than a 2,000 square foot home with three bathrooms and an entirely new landscaped parcel which must be irrigated. Fees for ADUs should be significantly less and should account for a lesser impact such as lower sewer or traffic impacts.
What Utility Fee Requirements Apply to ADUs?
Cities and counties cannot consider ADUs as new residential uses when calculating connection fees and capacity charges.
Where ADUs are being created within an existing structure (primary or accessory), the city or county cannot require a new or separate utility connections for the ADU and cannot charge any connection fee or capacity charge.
For other ADUs, a local agency may require separate utility connections between the primary dwelling and the ADU, but any connection fee or capacity charge must be proportionate to the impact of the ADU based on either its size or the number of plumbing fixtures.
What Utility Fee Requirements Apply to Non-City and County Service Districts?
All local agencies must charge impact fees in accordance with the Mitigation Fee Act (commencing with Government Code Section 66000), including in particular Section 66013, which requires the connection fees and capacity charges to be proportionate to the burden posed by the ADU. Special districts and non-city and county service districts must account for the lesser impact related to an ADU and should base fees on unit size or number of plumbing fixtures. Providers should consider a proportionate or sliding scale fee structures that address the smaller size and lesser impact of ADUs (e.g., fees per square foot or fees per fixture). Fee waivers or deferrals could be considered to better promote the development of ADUs.
Do Utility Fee Requirements Apply to ADUs within Existing Space? No, where ADUs are being created within an existing structure (primary or accessory), new or separate utility connections and fees (connection and capacity) must not be required.
Does “Public Transit” Include within One-half Mile of a Bus Stop and Train Station?
Yes, “public transit” may include a bus stop, train station and paratransit if appropriate for the applicant. “Public transit” includes areas where transit is available and can be considered regardless of tighter headways (e.g., 15 minute intervals). Local governments could consider a broader definition of “public transit” such as distance to a bus route.
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Can Parking Be Required Where a Car Share Is Available?
No, ADU law does not allow parking to be required when there is a car share located within a block of the ADU. A car share location includes a designated pick up and drop off location. Local governments can measure a block from a pick up and drop off location and can decide to adopt broader distance requirements such as two to three blocks.
Is Off Street Parking Permitted in Setback Areas or through Tandem Parking?
Yes, ADU law deliberately reduces parking requirements. Local governments may make specific findings that tandem parking and parking in setbacks are infeasible based on specific site, regional topographical or fire and life safety conditions or that tandem parking or parking in setbacks is not permitted anywhere else in the jurisdiction. However, these determinations should be applied in a manner that does not unnecessarily restrict the creation of ADUs.
Local governments must provide reasonable accommodation to persons with disabilities to promote equal access housing and comply with fair housing laws and housing element law. The reasonable accommodation procedure must provide exception to zoning and land use regulations which includes an ADU ordinance. Potential exceptions are not limited and may include development standards such as setbacks and parking requirements and permitted uses that further the housing opportunities of individuals with disabilities.
Is Covered Parking Required?
No, off street parking must be permitted through tandem parking on an existing driveway, unless specific findings are made.
Is Replacement Parking Required When the Parking Area for the Primary Structure Is Used for an ADU?
Yes, but only if the local government requires off-street parking to be replaced in which case flexible arrangements such as tandem, including existing driveways and uncovered parking are allowed. Local governments have an opportunity to be flexible and promote ADUs that are being created on existing parking space and can consider not requiring replacement parking.
Are Setbacks Required When an Existing Garage Is Converted to an ADU? No, setbacks must not be required when a garage is converted or when existing space (e.g., game room or office) above a garage is converted. Rear and side yard setbacks of no more than five feet are required when new space is added above a garage for an ADU. In this case, the setbacks only apply to the added space above the garage, not the existing garage and the ADU can be constructed wholly or partly above the garage, including extending beyond the garage walls.
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Also, when a garage, carport or covered parking structure is demolished or where the parking area ceases to exist so an ADU can be created, the replacement parking must be allowed in any “configuration” on the lot, “…including, but not limited to, covered spaces, uncovered spaces, or tandem spaces, or….” Configuration can be applied in a flexible manner to not burden the creation of ADUs. For example, spatial configurations like tandem on existing driveways in setback areas or not requiring excessive distances from the street would be appropriate.
Are ADUs Permitted in Existing Residence or Accessory Space?
Yes, ADUs located in single family residential zones and existing space of a single family residence or accessory structure must be approved regardless of zoning standards (Section 65852.2(a)(1)(B)) for ADUs, including locational requirements (Section 65852.2(a)(1)(A)), subject to usual non-appealable ministerial building permit requirements. For example, ADUs in existing space does not necessitate a zoning clearance and must not be limited to certain zones or areas or subject to height, lot size, lot coverage, unit size, architectural review, landscape or parking requirements. Simply, where a single family residence or accessory structure exists in any single family residential zone, so can an ADU. The purpose is to streamline and expand potential for ADUs where impact is minimal and the existing footprint is not being increased.
Zoning requirements are not a basis for denying a ministerial building permit for an ADU, including non-conforming lots or structures. The phrase, “within the existing space” includes areas within a primary home or within an attached or detached accessory structure such as a garage, a carriage house, a pool house, a rear yard studio and similar enclosed structures.
Are Owner Occupants Required? No, however, a local government can require an applicant to be an owner occupant. The owner may reside in the primary or accessory structure. Local governments can also require the ADU to not be used for short term rentals (terms lesser than 30 days). Both owner occupant use and prohibition on short term rentals can be required on the same property. Local agencies which impose this requirement should require recordation of a deed restriction regarding owner occupancy to comply with GC Section 27281.5
Are Fire Sprinklers Required for ADUs?
Depends, ADUs shall not be required to provide fire sprinklers if they are not or were not required of the primary residence. However, sprinklers can be required for an ADU if required in the primary structure. For example, if the primary residence has sprinklers as a result of an existing ordinance, then sprinklers could be required in the ADU. Alternative methods for fire protection could be provided.
If the ADU is detached from the main structure or new space above a detached garage, applicants can be encouraged to contact the local fire jurisdiction for information regarding fire sprinklers. Since ADUs are a unique opportunity to address a variety of housing needs and provide affordable housing options for family members, students, the elderly, in-home health care providers, the disabled, and others, the fire departments want to ensure the safety of these populations as well as the safety of those living in the primary structure. Fire Departments can help educate property owners on the benefits of sprinklers, potential resources and how they can be installed cost effectively. For example, insurance rates are typically 5 to 10 percent lower where the unit is sprinklered. Finally, other methods exist to provide additional fire protection. Some options may include additional exits, emergency escape and rescue openings, 1 hour or greater fire-rated assemblies, roofing materials and setbacks from property lines or other structures.
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Is Manufactured Housing Permitted as an ADU?
Yes, an ADU is any residential dwelling unit with independent facilities and permanent provisions for living, sleeping, eating, cooking and sanitation. An ADU includes an efficiency unit (Health and Safety Code Section 17958.1) and a manufactured home (Health and Safety Code Section 18007).
Health and Safety Code Section 18007(a) “Manufactured home,” for the purposes of this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single- family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).
Can an Efficiency Unit Be Smaller than 220 Square Feet?
Yes, an efficiency unit for occupancy by no more than two persons, by statute (Health and Safety Code Section 17958.1), can have a minimum floor area of 150 square feet and can also have partial kitchen or bathroom facilities, as specified by ordinance or can have the same meaning specified in the Uniform Building Code, referenced in the Title 24 of the California Code of Regulations.
The 2015 International Residential Code adopted by reference into the 2016 California Residential Code (CRC) allows residential dwelling units to be built considerably smaller than an Efficiency Dwelling Unit (EDU). Prior to this code change an EDU was required to have a minimum floor area not less than 220 sq. ft unless modified by local ordinance in accordance with the California Health and Safety Code which could allow an EDU to be built no less than 150 sq. ft. For more information, see HCD’s Information Bulletin at http://www.hcd.ca.gov/codes/manufactured-housing/docs/ib2016-06.pdf .
Does ADU Law Apply to Charter Cities and Counties?
Yes. ADU law explicitly applies to “local agencies” which are defined as a city, county, or city and county whether general law or chartered (Section 65852.2(i)(2)).
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Do ADUs Count toward the Regional Housing Need Allocation?
Yes, local governments may report ADUs as progress toward Regional Housing Need Allocation pursuant to Government Code Section 65400 based on the actual or anticipated affordability. See below frequently asked questions for JADUs for additional discussion.
Must ADU Ordinances Be Submitted to the Department of Housing and Community Development?
Yes, ADU ordinances must be submitted to the State Department of Housing and Community Development within 60 days after adoption, including amendments to existing ordinances. However, upon submittal, the ordinance is not subject to a Department review and findings process similar to housing element law (GC Section 65585)
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Frequently Asked Questions: Junior Accessory Dwelling Units
Is There a Difference between ADU and JADU?
Yes, AB 2406 added Government Code Section 65852.22, providing a unique option for Junior ADUs. The bill allows local governments to adopt ordinances for JADUs, which are no more than 500 square feet and are typically bedrooms in a single-family home that have an entrance into the unit from the main home and an entrance to the outside from the JADU. The JADU must have cooking facilities, including a sink, but is not required to have a private bathroom. Current law does not prohibit local governments from adopting an ordinance for a JADU, and this bill explicitly allows, not requires, a local agency to do so. If the ordinance requires a permit, the local agency shall not require additional parking or charge a fee for a water or sewer connection as a condition Courtesy of Lilypad Homes and Photo Credit to Jocelyn Knight of granting a permit for a JADU. For more information, see below.
ADUs and JADUs
REQUIREMENTS ADU JADU Maximum Unit Size Yes, generally up to 1,200 Square Feet or Yes, 500 Square Foot Maximum 50% of living area Kitchen Yes Yes Bathroom Yes No, Common Sanitation is Allowed Separate Entrance Depends Yes
Parking Depends, Parking May Be Eliminated and No, Parking Cannot Be Required Cannot Be Required Under Specified Conditions Owner Occupancy Depends, Owner Occupancy May Be Yes, Owner Occupancy Is Required Required
Ministerial Approval Process Yes Yes Prohibition on Sale of ADU Yes Yes
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Why Adopt a JADU Ordinance?
JADUs offer the simplest and most affordable housing option. They bridge the gap between a roommate and a tenant by offering an interior connection between the unit and main living area. The doors between the two spaces can be secured from both sides, allowing them to be easily privatized or incorporated back into the main living area. These units share central systems, require no fire separation, and have a basic kitchen, utilizing small plug in appliances, reducing development costs. This provides flexibility and an insurance policy in homes in case additional income or housing is needed. They present no additional stress on utility services or infrastructure because they simply repurpose spare bedrooms that do not expand the homes planned occupancy. No additional address is required on the property because an interior connection remains. By adopting a JADU ordinance, local governments can offer homeowners additional options to take advantage of underutilized space and better address its housing needs.
Can JADUs Count towards the RHNA?
Yes, as part of the housing element portion of their general plan, local governments are required to identify sites with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation (RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a unit toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, a JADU, including with shared sanitation facilities, that meets the census definition and is reported to the Department of Finance as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the RHNA based on the appropriate income level. Local governments can track actual or anticipated affordability to assure the JADU is counted to the appropriate income category. For example, some local governments request and track information such as anticipated affordability as part of the building permit application.
A housing unit is a house, an apartment, a mobile home or trailer, a group of rooms, or a single room that is occupied, or, if vacant, is intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other persons in the building and which have direct access from the outside of the building or through a common hall.
Can the JADU Be Sold Independent of the Primary Dwelling?
No, the JADU cannot be sold separate from the primary dwelling.
Are JADUs Subject to Connection and Capacity Fees?
No, JADUs shall not be considered a separate or new dwelling unit for the purposes of fees and as a result should not be charged a fee for providing water, sewer or power, including a connection fee. These requirements apply to all providers of water, sewer and power, including non-municipal providers.
Local governments may adopt requirements for fees related to parking, other service or connection for water, sewer or power, however, these requirements must be uniform for all single family residences and JADUs are not considered a new or separate unit.
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Are There Requirements for Fire Separation and Fire Sprinklers?
Yes, a local government may adopt requirements related to fire and life protection requirements. However, a JADU shall not be considered a new or separate unit. In other words, if the primary unit is not subject to fire or life protection requirements, then the JADU must be treated the same.
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Resources
Courtesy of Karen Chapple, UC Berkeley
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Attachment 1: Statutory Changes (Strikeout/Underline)
Government Code Section 65852.2 (a) (1) Any A local agency may, by ordinance, provide for the creation of second accessory dwelling units in single-family and multifamily residential zones. The ordinance may shall do any all of the following:
(A) Designate areas within the jurisdiction of the local agency where second accessory dwelling units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of second accessory dwelling units on traffic flow. flow and public safety.
(B) (i) Impose standards on second accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction.
(C) Provide that second accessory dwelling units do not exceed the allowable density for the lot upon which the second accessory dwelling unit is located, and that second accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The unit is not intended for sale separate from the primary residence and may be rented.
(ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.
(iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
(iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.
(III) This clause shall not apply to a unit that is described in subdivision (d).
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(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d).
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. Nothing in this paragraph may be construed to require a local government to adopt or amend an ordinance for the creation of ADUs. permits, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001–02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of ADUs. an accessory dwelling unit.
(b) (4) (1) An When existing ordinance governing the creation of an accessory dwelling unit by a local agency which has not adopted an ordinance governing ADUs in accordance with subdivision (a) or (c) receives its first application on or after July 1, 1983, for a permit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to this subdivision unless it or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance in accordance with subdivision (a) or (c) within 120 days after receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall grant a variance or special use permit for the creation of a ADU if the ADU complies with all of the following: that complies with this section.
(A) The unit is not intended for sale and may be rented.
(B) The lot is zoned for single-family or multifamily use.
(C) The lot contains an existing single-family dwelling.
(D) The ADU is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
(E) The increased floor area of an attached ADU shall not exceed 30 percent of the existing living area.
(F) The total area of floorspace for a detached ADU shall not exceed 1,200 square feet.
(G) Requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located.
(H) Local building code requirements which apply to detached dwellings, as appropriate.
(I) Approval by the local health officer where a private sewage disposal system is being used, if required.
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(2) (5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision.
(3) (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed ADUs on lots a proposed accessory dwelling unit on a lot zoned for residential use which contain that contains an existing single-family dwelling. No additional standards, other than those provided in thissubdivision or subdivision (a), subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. owner-occupant or that the property be used for rentals of terms longer than 30 days.
(4) (7) No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to implement this subdivision. Any A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of ADUs an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision.
(5) (8) A ADU which conforms to the requirements of An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential usewhich that is consistent with the existing general plan and zoning designations for the lot. The ADUs accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(c) (b) No When a local agency shall adopt an ordinance which totally precludes ADUs within single-family or multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing ADUs within single-family and multifamily zoned areas justify adopting the ordinance. that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives its first application on or after July 1, 1983, for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the application.
(d) (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached second accessory dwelling units. No minimum or maximum size for a second an accessory dwelling unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings which that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) Parking requirements for ADUs shall not exceed one parking space per unit or per bedroom. Additional parking may be required provided that a finding is made that the additional parking requirements are directly related to the 22
use of the ADU and are consistent with existing neighborhood standards applicable to existing dwellings. Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
(f) (1) Fees charged for the construction of second accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section66000). 66000) and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision (e), a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ADUs. an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinances ordinance adopted pursuant to subdivision (a) or (c) to the Department of Housing and Community Development within 60 days after adoption.
(i) As used in this section, the following terms mean:
(1) “Living area,” area” means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
(3) For purposes of this section, “neighborhood” has the same meaning as set forth in Section 65589.5.
(4) “Second “Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A second An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(5) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
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(j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for second accessory dwelling units.
Government Code Section 65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence already built on the lot.
(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the existing walls of the structure, and require the inclusion of an existing bedroom.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second interior doorway for sound attenuation.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A sink with a maximum waste line diameter of 1.5 inches.
(B) A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas.
(C) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine whether the junior accessory dwelling unit is in compliance with applicable building standards.
(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. A permit shall be issued within 120 days of submission of an application for a
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permit pursuant to this section. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
(d) For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not.
(e) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(g) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
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Attachment 2: Sample ADU Ordinance
Section XXX1XXX: Purpose
This Chapter provides for accessory dwelling units on lots developed or proposed to be developed with single- family dwellings. Such accessory dwellings contribute needed housing to the community’s housing stock. Thus, accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities, including near transit on single family lots.
Section XXX2XXX: Applicability
The provisions of this Chapter apply to all lots that are occupied with a single family dwelling unit and zoned residential. Accessory dwelling units do exceed the allowable density for the lot upon which the accessory dwelling unit is located, and are a residential use that is consistent with the existing general plan and zoning designation for the lot.
Section XXX3XXX: Development Standards
Accessory Structures within Existing Space An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within the Chapter if complying with:
1. Building and safety codes 2. Independent exterior access from the existing residence 3. Sufficient side and rear setbacks for fire safety.
Accessory Structures (Attached and Detached) General: 1. The unit is not intended for sale separate from the primary residence and may be rented. 2. The lot is zoned for residential and contains an existing, single-family dwelling. 3. The accessory dwelling unit is either attached to the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. 4. The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. 5. The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet. 6. Local building code requirements that apply to detached dwellings, as appropriate. 7. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. 8. No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. 9. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.
Parking: 1. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback. 2. Parking is not required in the following instances: The accessory dwelling unit is located within one-half mile of public transit, including transit stations and bus stations.
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The accessory dwelling unit is located in the WWWW Downtown, XXX Area, YYY Corridor and ZZZ Opportunity Area. The accessory dwelling unit is located within an architecturally and historically significant historic district. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. When there is a car share vehicle located within one block of the accessory dwelling unit. 3. Replacement Parking: When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking shall not be required and may be located in any configuration on the same lot as the accessory dwelling unit.
Section XXX4XXX: Permit Requirements
ADUs shall be permitted ministerially, in compliance with this Chapter within 120 days of application. The Community Development Director shall issue a building permit or zoning certificate to establish an accessory dwelling unit in compliance with this Chapter if all applicable requirements are met in Section XXX3XXXXX, as appropriate. The Community Development Director may approve an accessory dwelling unit that is not in compliance with Section XXX3XXXX as set forth in Section XXX5XXXX. The XXXX Health Officer shall approve an application in conformance with XXXXXX where a private sewage disposal system is being used.
Section XXX5XXX: Review Process for Accessory Structure Not Complying with Development Standards
An accessory dwelling unit that does not comply with standards in Section XXX3XX may permitted with a zoning certificate or an administrative use permit at the discretion of the Community Development Director subject to findings in Section XXX6XX
Section XXX6XXX: Findings
A. In order to deny an administrative use permit under Section XXX5XXX, the Community Development Director shall find that the Accessory Dwelling Unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors.
B. In order to approve an administrative use permit under Section XXX5XXX to waive required accessory dwelling unit parking, the Community Development Director shall find that additional or new on-site parking would be detrimental, and that granting the waiver will meet the purposes of this Chapter.
Section XXX7XXX: Definitions
(1) “Living area means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.
(2) “Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(3) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 27
(4) (1) “Existing Structure” for the purposes of defining an allowable space that can be converted to an ADU means within the four walls and roofline of any structure existing on or after January 1, 2017 that can be made safely habitable under local building codes at the determination of the building official regardless of any non-compliance with zoning standards.
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Attachment 3: Sample JADU Ordinance (Lilypad Homes at http://lilypadhomes.org/)
Draft Junior Accessory Dwelling Units (JADU) – Flexible Housing
Findings: 1. Causation: Critical need for housing for lower income families and individuals given the high cost of living and low supply of affordable homes for rent or purchase, and the difficulty, given the current social and economic environment, in building more affordable housing 2. Mitigation: Create a simple and inexpensive permitting track for the development of junior accessory dwelling units that allows spare bedrooms in homes to serve as a flexible form of infill housing 3. Endangerment: Provisions currently required under agency ordinances are so arbitrary, excessive, or burdensome as to restrict the ability of homeowners to legally develop these units therefore encouraging homeowners to bypass safety standards and procedures that make the creation of these units a benefit to the whole of the community 4. Co-Benefits: Homeowners (particularly retired seniors and young families, groups that tend to have the lowest incomes) – generating extra revenue, allowing people facing unexpected financial obstacles to remain in their homes, housing parents, children or caregivers; Homebuyers - providing rental income which aids in mortgage qualification under new government guidelines; Renters – creating more low-cost housing options in the community where they work, go to school or have family, also reducing commute time and expenses; Municipalities – helping to meet RHNA goals, increasing property and sales tax revenue, insuring safety standard code compliance, providing an abundant source of affordable housing with no additional infrastructure needed; Community - housing vital workers, decreasing traffic, creating economic growth both in the remodeling sector and new customers for local businesses; Planet - reducing carbon emissions, using resources more efficiently; 5. Benefits of Junior ADUs: offer a more affordable housing option to both homeowners and renters, creating economically healthy, diverse, multi-generational communities;
Therefore, the following ordinance is hereby enacted: This Section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit, permitted as set forth under State Law AB 1866 (Chapter 1062, Statutes of 2002) Sections 65852.150 and 65852.2 and subject to different provisions under fire safety codes based on the fact that junior accessory dwelling units do not qualify as “complete independent living facilities” given that the interior connection from the junior accessory dwelling unit to the main living area remains, therefore not redefining the single-family home status of the dwelling unit.
A) Development Standards. Junior accessory dwelling units shall comply with the following standards, including the standards in Table below: 1) Number of Units Allowed. Only one accessory dwelling unit or, junior accessory dwelling unit, may be located on any residentially zoned lot that permits a single-family dwelling except as otherwise regulated or restricted by an adopted Master Plan or Precise Development Plan. A junior accessory dwelling unit may only be located on a lot which already contains one legal single-family dwelling. 2) Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling or the accessory dwelling, except when the home is held by an agency such as a land trust or housing organization in an effort to create affordable housing. 3) Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel. 29
4) Deed Restriction: A deed restriction shall be completed and recorded, in compliance with Section B below. 5) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit must be created within the existing walls of an existing primary dwelling, and must include conversion of an existing bedroom. 6) Separate Entry Required: A separate exterior entry shall be provided to serve a junior accessory dwelling unit. 7) Interior Entry Remains: The interior connection to the main living area must be maintained, but a second door may be added for sound attenuation. 8) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: a) A sink with a maximum waste line diameter of one-and-a-half (1.5) inches, b) A cooking facility with appliance which do not require electrical service greater than one-hundred-and- twenty (120) volts or natural or propane gas, and c) A food preparation counter and storage cabinets that are reasonable to size of the unit. 9) Parking: No additional parking is required beyond that required when the existing primary dwelling was constructed.
Development Standards for Junior Accessory Dwelling Units
SITE OR DESIGN FEATURE SITE AND DESIGN STANDARDS Maximum unit size 500 square feet Setbacks As required for the primary dwelling unit
Parking No additional parking required
B) Deed Restriction: Prior to obtaining a building permit for a junior accessory dwelling unit, a deed restriction, approved by the City Attorney, shall be recorded with the County Recorder's office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this Section. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the Department stating that: 1) The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit; 2) The junior accessory dwelling unit is restricted to the maximum size allowed per the development standards; 3) The junior accessory dwelling unit shall be considered legal only so long as either the primary residence, or the accessory dwelling unit, is occupied by the owner of record of the property, except when the home is owned by an agency such as a land trust or housing organization in an effort to create affordable housing; 4) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property. C) No Water Connection Fees: No agency should require a water connection fee for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard may be assessed.
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D) No Sewer Connection Fees: No agency should require a sewer connection fee for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard may be assessed. E) No Fire Sprinklers and Fire Attenuation: No agency should require fire sprinkler or fire attenuation specifications for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard may be assessed.
Definitions of Specialized Terms and Phrases. “Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:
(1) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
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Attachment 4: State Standards Checklist (As of January 1, 2017)
GOVERNMENT YES/NO STATE STANDARD* CODE SECTION Unit is not intended for sale separate from the primary residence and may be 65852.2(a)(1)(D)(i) rented. Lot is zoned for single-family or multifamily use and contains an existing, single- 65852.2(a)(1)(D))ii) family dwelling. Accessory dwelling unit is either attached to the existing dwelling or located 65852.2(a)(1)(D)(iii within the living area of the existing dwelling or detached from the existing ) dwelling and located on the same lot as the existing dwelling. Increased floor area of an attached accessory dwelling unit does not exceed 50 65852.2(a)(1)(D)(iv percent of the existing living area, with a maximum increase in floor area of ) 1,200 square feet. Total area of floor space for a detached accessory dwelling unit dies not exceed 65852.2(a)(1)(D)(v 1,200 square feet. ) Passageways are not required in conjunction with the construction of an 65852.2(a)(1)(D)(vi accessory dwelling unit. ) Setbacks are not required for an existing garage that is converted to an 65852.2(a)(1)(D)(vi accessory dwelling unit, and a setback of no more than five feet from the side i) and rear lot lines are not required for an accessory dwelling unit that is constructed above a garage. (Local building code requirements that apply to detached dwellings are met, as 65852.2(a)(1)(D)(vi appropriate. ii) Local health officer approval where a private sewage disposal system is being 65852.2(a)(1)(D)(ix used, if required. ) Parking requirements do not exceed one parking space per unit or per bedroom. 65852.2(a)(1)(D)(x These spaces may be provided as tandem parking on an existing driveway. )
* Other requirements may apply. See Government Code Section 65852.2
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Attachment 5: Bibliography
Reports
ACCESSORY DWELLING UNITS: CASE STUDY (26 pp.)
By United States Department of Housing and Urban Development, Office of Policy Development and Research. (2008)
Introduction: Accessory dwelling units (ADUs) — also referred to as accessory apartments, ADUs, or granny flats — are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living spaces are equipped with kitchen and bathroom facilities, and can be either attached or detached from the main residence. This case study explores how the adoption of ordinances, with reduced regulatory restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of Accessory Dwelling Units; and Examples of ADU Ordinances and Programs.
THE MACRO VIEW ON MICRO UNITS (46 pp.)
By Bill Whitlow, et al. – Urban Land Institute (2014) Library Call #: H43 4.21 M33 2014
The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013 to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.
RESPONDING TO CHANGING HOUSEHOLDS: Regulatory Challenges for Micro-units and Accessory Dwelling Units (76 pp.)
By Vicki Been, Benjamin Gross, and John Infranca (2014) New York University: Furman Center for Real Estate & Urban Policy Library Call # D55 3 I47 2014
This White Paper fills two gaps in the discussion regarding compact units. First, we provide a detailed analysis of the regulatory and other challenges to developing both ADUs and micro-units, focusing on five cities: New York; Washington, DC; Austin; Denver; and Seattle. That analysis will be helpful not only to the specific jurisdictions we study, but also can serve as a model for those who what to catalogue regulations that might get in the way of the development of compact units in their own jurisdictions. Second, as more local governments permit or encourage compact units, researchers will need to evaluate how well the units built serve the goals proponents claim they will.
SCALING UP SECONDARY UNIT PRODUCTION IN THE EAST BAY: Impacts and Policy Implications (25 pp.)
By Jake Webmann, Alison Nemirow, and Karen Chapple (2012) UC Berkeley: Institute of Urban and Regional Development (IURD) Library Call # H44 1.1 S33 2012
This paper begins by analyzing how many secondary units of one particular type, detached backyard cottages, might be built in the East Bay, focusing on the Flatlands portions of Berkeley, El Cerrito, and Oakland. We then investigate the potential impacts of scaling up the strategy with regard to housing affordability, smart growth, alternative transportation, the economy, and city budgets. A final section details policy recommendations, focusing on regulatory reforms and other actions cities can take to encourage secondary unit construction, such as promoting carsharing programs, educating residents, and providing access to finance.
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SECONDARY UNITS AND URBAN INFILL: A literature Review (12 pp.)
By Jake Wegmann and Alison Nemirow (2011) UC Berkeley: IURD Library Call # D44 4.21 S43 2011
This literature review examines the research on both infill development in general, and secondary units in particular, with an eye towards understanding the similarities and differences between infill as it is more traditionally understood – i.e., the development or redevelopment of entire parcels of land in an already urbanized area – and the incremental type of infill that secondary unit development constitutes.
YES, BUT WILL THEY LET US BUILD? The Feasibility of Secondary Units in the East Bay (17 pp.)
By Alison Nemirow and Karen Chapple (2012) UC Berkeley: IURD Library Call # H44.5 1.1 Y47 2012
This paper begins with a discussion of how to determine the development potential for secondary units, and then provides an overview of how many secondary units can be built in the East Bay of San Francisco Bay Area under current regulations. The next two sections examine key regulatory barriers in detail for the five cities in the study (Albany, Berkeley, El Cerrito, Oakland, and Richmond), looking at lot size, setbacks, parking requirements, and procedural barriers. A sensitivity analysis then determines how many units could be built were the regulations to be relaxed.
YES IN MY BACKYARD: Mobilizing the Market for Secondary Units (20 pp.)
By Karen Chapple, J. Weigmann, A. Nemirow, and C. Dentel-Post (2011) UC Berkeley: Center for Community Innovation. Library Call # B92 1.1 Y47 2011
This study examines two puzzles that must be solved in order to scale up a secondary unit strategy: first, how can city regulations best enable their construction? And second, what is the market for secondary units? Because parking is such an important issue, we also examine the potential for secondary unit residents to rely on alternative transportation modes, particular car share programs. The study looks at five adjacent cities in the East Bay of the San Francisco Bay Area (Figure 1) -- Oakland, Berkeley, Albany, El Cerrito, and Richmond -- focusing on the areas within ½ mile of five Bay Area Rapid Transit (BART) stations.
Journal Articles and Working Papers:
BACKYARD HOMES LA (17 pp.)
By Dana Cuff, Tim Higgins, and Per-Johan Dahl, Eds. (2010) Regents of the University of California, Los Angeles. City Lab Project Book.
DEVELOPING PRIVATE ACCESSORY DWELLINGS (6 pp.)
By William P. Macht. Urbanland online. (June 26, 2015) Library Location: Urbanland 74 (3/4) March/April 2015, pp. 154-161.
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GRANNY FLATS GAINING GROUND (2 pp.)
By Brian Barth. Planning Magazine: pp. 16-17. (April 2016) Library Location: Serials
"HIDDEN" DENSITY: THE POTENTIAL OF SMALL-SCALE INFILL DEVELOPMENT (2 pp.)
By Karen Chapple (2011) UC Berkeley: IURD Policy Brief. Library Call # D44 1.2 H53 2011
California’s implementation of SB 375, the Sustainable Communities and Climate Protection Act of 2008, is putting new pressure on communities to support infill development. As metropolitan planning organizations struggle to communicate the need for density, they should take note of strategies that make increasing density an attractive choice for neighborhoods and regions.
HIDDEN DENSITY IN SINGLE-FAMILY NEIGHBORHOODS: Backyard cottages as an equitable smart growth strategy (22 pp.)
By Jake Wegmann and Karen Chapple. Journal of Urbanism 7(3): pp. 307-329. (2014)
Abstract (not available in full text): Secondary units, or separate small dwellings embedded within single-family residential properties, constitute a frequently overlooked strategy for urban infill in high-cost metropolitan areas in the United States. This study, which is situated within California’s San Francisco Bay Area, draws upon data collected from a homeowners’ survey and a Rental Market Analysis to provide evidence that a scaled-up strategy emphasizing one type of secondary unit – the backyard cottage – could yield substantial infill growth with minimal public subsidy. In addition, it is found that this strategy compares favorably in terms of affordability with infill of the sort traditionally favored in the ‘smart growth’ literature, i.e. the construction of dense multifamily housing developments.
RETHINKING PRIVATE ACCESSORY DWELLINGS (5 pp.)
By William P. Macht. Urbanland online. (March 6, 2015) Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91.
ADUS AND LOS ANGELES’ BROKEN PLANNING SYSTEM (4 pp.)
By CARLYLE W. Hall. The Planning Report. (April 26, 2016). Land-use attorney Carlyle W. Hall comments on building permits for accessory dwelling units.
News:
HOW ONE COLORADO CITY INSTANTLY CREATED AFFORDABLE HOUSING
By Anthony Flint. The Atlantic-CityLab. (May 17, 2016).
In Durango, Colorado, zoning rules were changed to allow, for instance, non-family members as residents in already-existing accessory dwelling units.
NEW HAMPSHIRE WINS PROTECTIONS FOR ACCESSORY DWELLING UNITS (1 p.)
NLIHC (March 28, 2016)
Affordable housing advocates in New Hampshire celebrated a significant victory this month when Governor Maggie Hassan (D) signed Senate Bill 146, legislation that allows single-family homeowners to add an accessory
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dwelling unit as a matter of right through a conditional use permit or by special exception as determined by their municipalities. The bill removes a significant regulatory barrier to increasing rental homes at no cost to taxpayers.
NEW IN-LAW SUITE RULES BOOST AFFORDABLE HOUSING IN SAN FRANCISCO. (3 pp.)
By Rob Poole. Shareable. (June 10, 2014).
The San Francisco Board of Supervisors recently approved two significant pieces of legislation that support accessory dwelling units (ADUs), also known as “in-law” or secondary units, in the city…
USING ACCESSORY DWELLING UNITS TO BOLSTER AFFORDABLE HOUSING (3 pp.)
By Michael Ryan. Smart Growth America. (December 12, 2014).
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Summary Table – General Overview of Changes to State Law Affecting Regulations on Accessory Dwelling Units (ADUs)
Category A city must… But it has discretion to…
Conversion of existing Approve a building permit (no other permit may living space or be required) for any ADU that: accessory structure (1) is the only ADU on a single-family lot, (§ 65852.2(e)1) (2) lies entirely within the existing space of a single-family residence or accessory structure (e.g., studio, pool house, etc.), (3) has its own exterior access, and (4) has side and rear setbacks that are sufficient for fire safety (typical setbacks for the zone are considered sufficient). These “within the footprint” ADUs are exempt from most other requirements.
Location Allow ADUs in at least some areas zoned for Restrict ADUs to lots that are: (1) zoned for single (§ 65852.2(a)(1)(A) & single-family or multifamily residential. or multifamily use, and (2) include a proposed or (a)(1)(D)(ii)) existing single-family dwelling; and
Further restrict ADU areas based on supported findings about the inadequacy of water and sewer services, the adverse impacts on traffic flow and safety, and other similar factors (not yet defined).
Review Review all ADUs ministerially (no discretionary (§ 65852.2(a)(3), (a)(4), review or hearing) and approve or deny within & (b)) 120 days of application.
Lot Development Allow ADUs to be either (1) attached or located Restrict ADUs to one per lot. (§ 65852.2(a)(1)(D)(iii)) within the living area of a proposed or existing primary dwelling, or (2) detached from the proposed or existing primary dwelling (and located on the same lot as the primary dwelling).
Rentals and Sales Allow the ADU to be rented. Prohibit short-term rentals; and (§ 65852.2(a)(1)(D)(i), (a)(6) & (e)) Prohibit sale of the ADU separate from the primary dwelling.
1 Unless otherwise stated, all citations are to the California Government Code.
Category A city must… But it has discretion to…
Occupancy Not limit the number of occupants, short of the Restrict occupancy to an owner-occupant for either (§ 65852.2(a)(1)(D)(viii), limits imposed by the Building Code. the primary dwelling or ADU (but not both). (a)(6) & (e))
ADU Parking Not require any parking for an ADU: Require up to one parking space per ADU or per Requirement ADU bedroom, whichever is less, except where 1. that is within a half mile of public (§ 65852.2(a)(1)(B)(i), parking requirements are prohibited (e.g., lots transit, or (a)(1)(B)(ii), within a half a mile of public transit, etc.); or (a)(1)(D)(x)(I) & (d)) 2. that is in an architecturally or historically significant district, or Reduce or eliminate parking requirements for ADUs. 3. that is in a proposed or existing primary residence or accessory structure, or 4. when an on-street parking permit is required but not offered to the occupant of the ADU, or 5. when there is a care share vehicle located within one block of the ADU.
ADU Parking Location Accept parking in setbacks or through tandem Make specific findings disallowing parking in a (§ 65852.2(a)(1)(B)(i) & parking on driveways to satisfy ADU parking setback area and/or disallowing tandem parking as (a)(1)(D)(x)) requirements. “not feasible” based on site or regional topographical or fire and life safety conditions.2
Primary Dwelling Allow a garage, carport, or covered parking Require applicant to replace off-street parking Parking Requirement structure to be converted to an ADU or spaces that were lost to allow for construction of an (§ 65852.2(a)(1)(D)(xi)) demolished to make room for an ADU. ADU, except where parking requirements are prohibited (e.g., lots within a half a mile of public transit, etc.).
Primary Dwelling Allow any required replacement parking spaces Parking Location in any configuration (e.g., covered spaces, (§ 65852.2(a)(1)(D)(xi)) uncovered spaces, tandem spaces, mechanical lifts, etc.) on the same lot as the ADU.
Height Set height restrictions for ADUs (with exceptions). (§ 65852.2(a)(1)(B)(i))
Setbacks Allow a garage-to-ADU conversion, without Require setbacks up to 5 feet for an ADU that is (§ 65852.2(a)(1)(B)(i), imposing setbacks on the former garage. built above the existing garage; and (a)(1)(D)(vii), & Require setback minimums for detached and (a)(1)(D)(x)(II)) Allow off-street parking in setback areas unless attached AUDs (with exceptions). specific infeasibility findings are made.
2 Prior to January 1, 2018, the City could also disallow parking in setback areas or through tandem parking on the basis that “it is not permitted anywhere else in the jurisdiction.” The 2018 amendments to the State ADU law no longer allow a city to do this.
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Category A city must… But it has discretion to…
Lot Coverage Set lot coverage standards for ADUs (with (§ 65852.2(a)(1)(B)(i)) exceptions).
Minimum and Allow at least an efficiency unit to be Set minimum and maximum sizes for ADUs (with Maximum Size of ADU constructed as an ADU in compliance with local exceptions). (§ 65852.2(a)(1)(B)(i), development standards State Law default size limits: (a)(1)(D)(iv)-(v), & (c)) Attached ADU – total area floorspace cannot exceed 50% of primary dwelling’s living area or 1,200 SF Detached ADU – total area floorspace cannot exceed 1,200 SF
Landscape Require and restrict ADU landscaping. (§ 65852.2(a)(1)(B)(i))
Architecture Review Regulate ADU architecture. (§ 65852.2(a)(1)(B)(i))
Impacts to Historic Impose standards to avoid adverse impacts to Places historic property. (§ 65852.2(a)(1)(B)(i))
Fire Sprinklers Not require ADU to provide fire sprinklers if fire (§ 65852.2(c) & (e)) sprinklers are not required for primary dwelling.
Density Deem an ADU to be an “accessory use” that (§ 65852.2(a)(1)(C) & does not exceed the allowable density for the (a)(8)) lot upon which it is located
Utilities, Fees, & Not consider ADUs to be a “new” residential Impose certain development impact fees, Connection Charges use for purposes of calculating connection fees application processing fees, and utility connection (§ 65852.2(a)(1)(D)(ix), and capacity charges for utilities (e.g., water fees and capacity charges (with exceptions); (f)) and sewer service). Require a new or separate utility connection between the ADU and utility (with exceptions); and
Require approval by the local health officer where a private sewage disposal system is being used; and
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ADU Update: Early Lessons and Impacts of California’s State and Local Policy Changes
David Garcia | December 2017
Introduction
As California’s housing crisis deepens, innovative strategies for creating new housing units for all income levels are needed. One such strategy is building Accessory Dwelling Units (ADUs) by private homeowners. While large scale construction of new market rate and affordable homes is needed to alleviate demand-driven rent increases and displacement pressures, ADUs present a unique opportunity for individual homeowners to create more housing as well. In particular, ADUs can increase the supply of housing in areas where there are fewer opportunities for larger- scale developments, such as neighborhoods that are predominantly zoned for and occupied by single-family homes.
In two of California’s major metropolitan areas -- Los Angeles and San Francisco -- well over three quarters of the total land area is comprised of neighborhoods where single-family homes make up at least 60 percent of the community’s housing stock.i Across the state, single-family detached units make up 56.4 percent of the overall housing stock.ii Given their prevalence in the state’s residential land use patterns, increasing the number of single-family homes that have an ADU could contribute meaningfully to California’s housing shortage.
To that end, California leaders have shown strong interest in removing barriers to ADU development. Specifically, the adoption of SB 1069 and AB 2299 in 2016, as well as follow up legislation in 2017 (SB 229 and AB 494) have laid the foundation for a proliferation of ADUs statewide. And at the local level, cities of various sizes have also taken it upon themselves to create policies that encourage the creation of this housing type. In the wake of these changes, cities are experiencing a rapid rise in ADU interest, with many jurisdictions seeing a doubling, tripling, and even quadrupling of the number of ADU applications received in 2017 (to be discussed further in this brief). Given the apparent immediate impact of recent legislation and local action, innovative policies that enable ADU production appear to be an effective strategy for increasing housing supply.
However, several remaining barriers continue to limit the full potential of ADUs in California, as homeowners must navigate a complex and costly permitting and construction process. Given the critical need for more housing, consideration should be given to the further removal of various constraints, such as burdensome development fees and restrictive building codes that continue to impede many homeowners from building ADUs.
ADUs as a Housing Solution for California
The expansion of ADUs in California represents a particularly promising strategy for easing the state’s housing shortage. ADUs are generally more affordable than other forms of housing and can be built relatively quickly and inexpensively, if the proper regulatory framework is in place. Moreover, ADUs have the potential to serve as a neighborhood stabilization strategy, providing additional equity and income for homeowners in neighborhoods facing displacement pressures.
ADUs as Quick, Low-Cost Permanent Housing
The Terner Center’s April 2017 report discusses policies in three Pacific Northwest cities -- Portland, Seattle, and Vancouver — that encourage the development of ADUs; these cities have seen robust growth in this product type.iii The report’s survey of ADU owners indicates the benefits that ADUs could have in California. Specifically, ADUs are generally fairly inexpensive to construct, with survey respondents reporting an average cost of $156,000. For context, the average cost per unit of affordable housing statewide is $332,000, and even higher in the major metropolitan areas: $591,000 per unit in San Francisco and $372,000 in Los Angeles.iv Moreover, ADUs can be built quickly; 83 percent of ADU owners in Terner Center’s survey reported that from design to completion of their ADUs took 18 months or less.
ADUs are also overwhelmingly used for permanent housing, contrary to some perceptions that they serve only as short term rentals with little benefit to overall housing supply. A 2013 survey of Oregon ADU owners found that 81 percent of ADUs are used as someone’s primary residence, versus only four percent who reported using their ADU for short term housing.v Similarly, Terner Center’s 2017 report found that 60 percent of ADUs in Portland, Seattle, and Vancouver are used as permanent housing, while just 12 percent are used for short term rentals. These findings are consistent with a 2012 study of the East Bay region of the Bay Area, which found that 85 percent of secondary units were occupied by individuals using the unit for permanent housing.vi
ADUs as Naturally Affordable Housing
ADUs appear to provide “naturally affordable” housing and feature unique renter characteristics. Terner Center’s 2017 report found that 58 percent of ADU owners rented their units at below market rates. Additionally, 29 percent of ADU residents were family or friends of the homeowner. The 2012 study of the East Bay had similar findings: the average ADU was advertised at a rental rate that made it affordable to a household earning 62 percent of the area’s median income. Moreover, in 51 percent of cases, ADU occupants were either staying for free or were friends or family who were likely receiving reduced rent. This suggests homeowners who build ADUs are filling important affordability gap in many cases by opening their ADU to those who would otherwise have to find housing in the broader market.
Beyond their “natural affordability”, there are also opportunities to target ADUs for particular under-housed populations and help lower income homeowners build wealth. In Los Angeles, the organization LA Más is establishing an ADU Section 8 program that incentivizes homeowners to build ADUs specifically to house Section 8 voucher holders. The same organization also received grant funding to provide the knowledge and resources to low and moderate income homeowners to adopt ADUs as a tool to build equity and cash flow. Los Angeles County is also piloting a program that will incentivize the construction of ADUs through subsidies to homeowners willing to rent their unit to homeless individuals or Section 8 voucher recipients.
Recent ADU Policy Changes at the State and Local Level
Since 2015, there has been significant progress in clearing the way for more ADUs in California in the state legislature. SB 1069/AB 2299 -- which went into effect on January 1, 2017 -- has been touted as a key policy facilitating new ADU development across the state. The law provided wide ranging changes, such as requiring cities to approve ADUs ministerially, rather than using the (oftentimes much more cumbersome) discretionary process. The policy also limits parking requirements, eliminates some utility connection fees, and makes other key changes. Cities are now required to adopt ADU ordinances that adhere to these state-level guidelines. More clarity and easing of ADU development was adopted in 2017 as well with SB 229/AB 494.vii
In addition to these changes at the state level, many cities have taken it upon themselves to adopt ADU policies that in some cases go beyond what has been mandated by the state. For example, since 2013 San Francisco has incrementally adjusted their ADU policies and now features one of the most progressive ADU ordinances in the state. After allowing for ADUs in only the Castro neighborhood in 2013, San Francisco began allowing ADUs in structures undergoing mandatory soft story retrofitting in 2015. In 2016, ADUs were legalized citywide, as well as in multifamily buildings. viii
Some smaller communities have been ahead of the reforms in SB 1069/AB 2299 as well. For example, the city of Santa Cruz began waiving water and sewer connection fees and fire sprinkler requirements in ADUs that are attached to the home in 2014. Santa Cruz County also implemented a two-year program in 2014 to incentivize owners of existing unpermitted ADUs to obtain the building permits and inspections necessary to legalize these units.
In addition to ADUs, some communities have also taken additional steps to legalize Junior ADUs (JADU), including Sonoma, Corte Madera, and Marin County. JADUs are units located within a primary residence and include an exterior entry and efficiency kitchen, but also maintain interior access to the rest of the home. Current state law allows cities to adopt JADU ordinances, but does not require it as with ADUs.
The positive results from San Francisco's legalization of ADUs in multifamily buildings, Santa Cruz’s ADU amnesty policies, and the proactive legalization of JADUs in the North Bay indicate that innovative and progressive policy implementation is key for localities eager to spur more ADU development. These case studies hold lessons for other communities working to accelerate ADU development, and for policymakers across the country looking to advance such efforts statewide.
California’s Progress on ADUs to Date
Following these various ADU reforms, many California cities are seeing substantial increases in ADU applications. In San Francisco, for example, incremental policy changes in 2015 and 2016 led to significant jumps in ADU production (see figure below), a trend which continued after the adoption of SB 1069/AB 2299.
Source: San Francisco Planning Department
In Santa Cruz, planners also saw an increase in ADU production in recent years (21 units in 2015, 31 in 2016, and 38 as of November 1, 2017), and legalization of existing unpermitted units (at least 29 from 2014-2016) both of which they felt was due to their local reforms.
Across the state, cities have seen a marked increase in ADU applications and issued permits in 2017. For example, in 2015 the city of Oakland received just 33 permit applications. By November 1, 2017, the city had received 247 applications in that year alone - more than seven times the volume from just two years prior. Of all the large California cities, Los Angeles has seen the most dramatic jump, increasing their 2017 ADU permits by nearly 25 times the amount issued in 2016. A full picture of these increases, which are notable across the board, can be seen in the figure on the following page.
ADU Applications Received 2015-2017 California City 2015 2016 2017* Los Angeles** 90 80 1,980 Long Beach 0 1 42 Oakland 33 99 247 Sacramento 17 28 34 San Diego 16 17 64 San Francisco*** 41 384 593 San Jose 28 45 166 *Through November 1, 2017. **2015/2016 Los Angeles data are for ADU construction permits; staff did not collect data on ADU applications prior to 2017. Data are through November 8th, 2017. ***San Francisco data is only through Q3 2017.
Planners from most of these cities indicated in interviews that the state-level laws enacted in 2017 have been a significant factor in the rise of interest in ADUs. Not only did these laws remove specific barriers, but they also raised the profile of ADUs in general, sparking interest amongst a broader group of property owners.
While there is a clear rise in ADU interest in the larger California cities, smaller cities are also seeing increased activity. For example, Pasadena saw no applications in 2015 or 2016, but as of November 1, 2017 had received 12 applications for the year. In Mountain View, 14 applications were received in 2017, whereas only five were received in 2016, and four in 2015. And notably, some cities such as Newport Beach prohibited ADUs entirely prior to the passage of SB 1069/AB 2299, and are now accepting and receiving applications.
Remaining Barriers
Despite the clear and rapid rise of ADU interest across the state, homeowners still face several challenges that limit the full potential of ADUs in California. As revealed in past surveys, the primary deterrent to a homeowner moving forward with constructing an ADU is cost, and there are several areas where further regulatory changes could have an immediate and positive impact. These changes are described below.
Development Fees
The impacts of ADUs on a neighborhood’s infrastructure and services are inherently different from those created by larger scale developments such as single family homes or multifamily buildings. However, individuals interested in building an ADU on their property are oftentimes subject to the same fees that large scale developers are faced with. This adds a tremendous amount of cost and complexity for the property owner and can be the deciding factor in whether or not that owner moves forward with the construction of an ADU.
The 2013 Oregon survey reported that development fees were frequently (29 percent) cited as the primary challenge of building an ADU, along with overall construction costs (32 percent) and design challenges (33 percent). Moreover, the Terner Center report found that fee reductions and waivers are an effective means of spurring ADU development. While 2017 legislation has helped address this challenge to an extent -- particularly with regards to utilities and special districts-- there are opportunities to further revise guidelines for the amount and type of fees that should be levied on ADUs.
School Fees
Development impact fees should be levied with sensitivity and in proportion to their occupancy and use. For example, school fees -- levied on new development by the local school district for the construction of school facilities-- are generally charged on new ADUs despite the fact that ADUs are overwhelmingly occupied by individuals who do not have school-age children. The East Bay study found that the average occupied secondary unit contained just 0.2 children. Meanwhile, the Oregon survey yielded similar results, finding that 89.8 percent of ADU survey respondents reported having no children under the age of 18 (an additional three percent of respondents did not answer the question).
While generally not the largest fee levied on ADUs, school fees do add cost to the overall amount needed to build an ADU. Given that ADU tenants overwhelmingly do not include school age children, a reduction of or exemption from school fees for ADUs should be considered.
Other types of impact fees currently levied on ADUs may merit closer examination as well. Affordable housing and transportation fees, for example, may not be levied in proportion to an ADU’s impact, and reduction or elimination of these and other fees should be weighed as localities hope to further catalyze ADU development.
Code Requirements
From the perspective of both land use and environmental impact, ADUs are a demonstrably low-impact, efficient housing typology. A 2010 study in Oregonix found that reducing home size is among the best options for reducing waste generation while simultaneously achieving a large environmental benefit across many categories of impact. Moreover, ADUs are helpful in meeting climate change goals as they are built on already developed land, rather than in greenfield areas.
Given the inherent environmental advantages of ADU development, state building codes should encourage more housing of this type. Unfortunately, current codes do the opposite, oftentimes deterring the development of smaller forms of housing such as ADUs. Specifically, the new 2016 Title 24 requirements -- intended to raise standards of energy efficiency in new construction and rehabilitation -- actually inhibit the ability of builders to deliver affordable and attractive ADUs.
The 2016 Title 24 requirements pose several specific barriers. When applied to typically-sized new homes (2,500sf), the new allowable glass area standards in Title 24 are easier to meet as the homes’ glass can be spread across a relatively large square footage. However, for ADU-sized structures (which average just over 600sf), Title 24 requires builders to compensate for a standard number of windows by incorporating other energy efficiency features that can substantially raise the overall cost of the ADU. In many instances, these features include greater wall thickness or insulation. Given the need to maximize the usable space of these smaller ADU units -- particularly as they may be located in an existing detached structure with a limited footprint -- these insulation requirements pose dilemmas for builders, as well as added cost for the owner. In some instances, the required additional insulation or wall thickness forces builders to compensate for the added wall thickness by moving the unit to maintain setbacks, or reduce the already limited interior living space. This is just one example of many instances where 2016 Title 24 requirements do not scale well to small structures, causing added costs and complications to homeowners considering an ADU.
ADUs are an efficient use of land and have minimal environmental impact relative to other housing typologies. For this reason, state leaders should consider an alternative code or classification for ADUs that facilitates energy efficient structures without hindering their construction and proliferation in communities that could benefit from them most.
Other Barriers
While two significant barriers have been discussed, there are a number of other challenges facing homeowners interested in adopting ADUs that go beyond the scope of this brief. These include: securing financing, minimum lot sizes, limitations on the number of allowable floors, homeowner association restrictions, owner-occupancy requirements, unclear application of rent control and “just cause” eviction policies, and the effect of an ADU on a property’s assessed value. State and local leaders should take these challenges into account as well when considering future ADU-relevant policies.
Conclusion
ADUs are poised to play a significant role in alleviating California’s housing crisis and state, regional, and local leaders should continue to examine ways in which barriers to this type of development can be removed. While recent legislation has played a key role in increasing interest in and production of ADUs, several challenges still face homeowners who are considering this option. ADUs are inherently a unique development type as they are driven by individual homeowners who have numerous reasons for exploring an additional unit, from housing relatives to providing rental income to help with their own expenses. Given their unique nature, ADUs should be treated as an entirely separate form of housing, and as such, several existing policies should be revisited to ensure that they make sense for ADUs. In this brief, we have identified two specific areas-- school fees and building code -- that should be examined for further regulatory changes that could further ease the path to widespread ADU adoption. Other revisions should be considered as well to ensure that the momentum California has seen in ADU interest is sustained and even increased. Acknowledgements: Thank you to Steve Vallejos of Valley Home Development, Rachel Ginnis of Lilypad Homes, Jordan Palmeri of the Oregon Department of Environmental Quality, Robert Liberty of Portland State, Karen Chapple, Professor of City and Regional Planning at UC Berkeley, Rachele Trigueros of the Bay Area Council, Denise Pinkston, and the planning staff of San Francisco, San Jose, Los Angeles, San Diego, Long Beach, Sacramento, Oakland, Santa Cruz, Pasadena, Newport Beach, and Mountain View for their assistance with the data collection and content of this report. Thank you also to Elizabeth Kneebone and Sara Draper-Zivetz for their assistance in the report production.
References
i Correspondence with Issi Romem, Chief Economist at BuildZoom. Source: 2011-2015 5-year ACS and 2014 California TIGER shapefile; calculation by BuildZoom ii Historical Census of Housing Tables. October 31, 2011. https://www.census.gov/hhes/www/housing/census/historic/units.html iii “Jumpstarting the Market for ADUs: Lessons Learned from Portland, Seattle, and Vancouver,” Chapple, Karen, et al. UC Berkeley Terner Center for Housing Innovation. April 2017. iv State of California, Governor’s Budget Summary, 2017-2018. v “Accessory Dwelling Unit Survey for Portland, Eugene, and Ashland, Oregon,” Palmeri, Jordan, et al. State of Oregon, Department of Environmental Quality. September 2014. vi “Yes in My Backyard: Mobilizing the Market for Secondary Units,” Chapple, et al. UC Berkeley Center for Community Innovation. June 2012. vii These changes include the restriction of the ability of special districts and utilities to impose utility and capacity charges, and eliminating a city’s ability to prohibit tandem parking, among others. viii ADUs in multifamily buildings include the conversion of previously uninhabited spaces, such as basements and parking areas. ix “A Life Cycle Approach to Prioritizing Methods of Preventing Waste from the Residential Construction Sector in the State of Oregon,” Palmeri, Jordan, State of Oregon, Department of Environmental Quality. September 2010. ZONING PRACTICE FEBRUARY 2018
AMERICAN PLANNING ASSOCIATION
ISSUE NUMBER 2 PRACTICE ADAPTIVE REUSE 2 Repurposing Single-Family Homes and Neighborhoods By Jeffrey Beiswenger, aicp, and Zachary Tusinger
A wave of change is coming to single-family factors will serve to create a housing-supply costs, a shortage of available homes in high- neighborhoods. Is your community ready? mismatch in the single-family home market demand areas, and entire generations dealing This edition of Zoning Practice will out- that may result in a surplus of single-family with the effects of lost income and savings are line strategies for addressing the changes homes by 2030 and beyond. leading to new pressures on the single-family that are likely to come to single-family The historical context for these changes neighborhoods that once formed the back- neighborhoods nationwide, including the is vital to our understanding of how communi- bone of the American Dream. A half-century demographic changes that will drive housing ties are likely to evolve into the near future. In slide in the number of people living under one booms in some communities and widespread the postwar area, the demand for large neigh- roof has ended and is beginning to reverse, vacancies in others, code enforcement tools borhoods of single-family homes was driven with average household sizes inching up in for addressing vacant properties, strategies by the family formation that occurred from the many states. Increased densities challenge for reusing vacant parcels where demand silent generation (born from 1925 to 1945) as the placid character of suburban single-family for single-family homes has declined, and WWII ended and in the population boom that neighborhoods. Since federal and state laws accommodating housing in those neighbor- occurred afterward. Federal action in the form limit how much cities can regulate the number hoods that are in demand. of large-scale highway building and the desire of individuals living under one roof, the solu- of this generation (and baby boomers) to own tion must be multipronged. THE PAST AND FUTURE OF single-family homes in the suburbs fueled the Not only do challenges exist in rapidly AMERICAN SUBURBS expansion of suburban (and exurban) commu- depopulating communities, but also in hot Dramatic demographic changes are unfolding nities throughout the U.S. coastal regions facing housing shortages. in the United States. This will continue to have According to a study by Arthur Nelson, In the near term, many cities, particularly in a significant impact on the nation’s exist- the U.S. will have a surplus of approximately the coastal regions, are dealing with high ing and future housing supply. According to 28 million conventional (medium- to large- demand for housing of all types, including professor and demographer Arthur C. Nelson, lot) single-family homes by 2030. This is single-family homes. Consequently, costs faicp, nearly half of all buildings that will be primarily due to changing preferences for are through the roof, and the rate of creation standing in 2030 do not exist today (Nelson more small-lot and attached housing units of new housing units in many markets is 2013). The economic fortunes of cities will (Nelson 2013). According to Nelson, the 2030 frustratingly slow. shape (and be shaped by) both the form and demand will wane for conventional, large-lot location of these new buildings. Employment homes with a demand for only 32.6 million Missing Middle Housing opportunities are also changing—rapidly. new units. In 2011, the supply of units was Part of the pressure on existing neighbor- From a peak in 1979, more than seven million already more than 60.5 million—creating hoods stems from the fact that in the U.S., manufacturing jobs have been lost, accord- a supply-demand mismatch. Meanwhile, housing is largely constructed in two forms: ing to the Bureau of Labor Statistics, while developers may need to catch up on the large, suburban style single-family homes, 53 million jobs were gained in other sec- construction of attached and small-lot units. and large, mid-rise apartment complexes. tors—including 33 million service-sector jobs Additionally, multigenerational and mul- This gap in housing types is what is often (Worstall 2016). In the coming decades, the tihousehold occupancies of single-family called the “missing middle:” duplexes, four- rise of widespread automation is expected homes are becoming increasingly common. plexes, small multiplexes, live-work units, to bring economic upheaval. Will jobs lost to Few alternatives exist for those who cannot and bungalows. Missing middle housing, automation be replaced? And where will these afford, or do not want, a large single-family if properly designed, can bridge the gap jobs be located? home in the suburbs. The repurposing of between dense mid-rise residential neigh- Given this backdrop of seismic eco- single-family homes into multifamily dwell- borhoods and lower-density, auto-oriented nomic shifts, home-buying preferences ings, care homes, mixed use buildings, neighborhoods. Missing middle housing are changing as well. Millennials are more offices, and other uses is more common than has a small footprint and medium density likely to live with their parents, yet are also ever, both with and without the appropriate (but is perceived as lower), and can be walk- required to be more mobile than previous zoning in place. able. This type of housing preserves many of generations, given rapidly changing employ- the community and neighborhood aspects ment prospects. Millennials are also more Beyond Infill: Changing of single-family homes, but allows for the burdened by debt than previous generations, Neighborhoods and Density added densities that are needed to reduce and are delaying their first forays into the As the housing market continues to heat sprawl and retrofit American neighborhoods. housing market (Lerner 2017). The combi- up following the Great Recession, cities are Vancouver, British Columbia, which nation of these macroeconomic and social facing new challenges. Increased housing is currently dealing with explosive housing
ZONINGPRACTICE 2.18 AMERICAN PLANNING ASSOCIATION | page 2 costs, recently released a 10-year housing enforcement division manager in Chula A key benefit to a more aggressive strategy that has the potential to radically Vista, California, shepherded a vacant prop- approach is that it prevents property specu- transform a city that is predominately made erty registry and fee program through the lators from sitting on dilapidated properties up of single-family houses, even though it is approval process in 2007 (§15.60). Leeper over an extended period. It also allows for perhaps better known for its high rises. The estimated that there were more than 9,000 the receiver to pass property to an organiza- strategy relies to a large degree on the cre- foreclosed homes in Chula Vista during the tion or developer quickly, to put the property ation of more missing middle housing. Of the housing crisis; the vacant property program back to productive use. The ordinance also 72,000 homes the city hopes will be created registered more than 2,600 homes by 2007. provides a mechanism whereby the jurisdic- over the next decade, 4,000 are intended to By 2009, more than 400 communities tion can collect liens and penalties from be “laneway homes,” or accessory dwelling had adopted similar ordinances. Central to the delinquent property owners (Jacobsen 2015). units. Another 10,000 of those are antici- ordinance is a requirement that vacant proper- pated to be ground-level town houses, row ties are registered by the city or in a national The Agrihood houses, and other forms of medium-density database accessible by the city. A small annual The local food movement is alive and well in infill grafted strategically into the city’s registration fee is required and properties are the U.S. In Detroit, a collection of forward- existing single-family neighborhoods (City of required to be maintained. Security must also thinking advocates from the city’s urban Vancouver 2017) be provided, with a contact number promi- agricultural community have turned vacant nently displayed. If the worst-case scenario single-family homes and lots into community DEALING WITH VACANT HOMES materializes in your community, and single- resources for urban agriculture. Detroit’s Due to shifting demographics and family homes become vacant faster than they hard-hit north side has created a neighbor- changing economic conditions, hood where agriculture is the certain neighborhoods could see centerpiece of a mixed use widespread vacancies of surplus urban community. A formerly single-family homes. Fortunately, dense urban neighborhood tools are available for addressing now has a successful working these vacancies. During the fore- farm at the center. closure crisis of the late 2000s, In 2004, Detroit had effective tools were developed as only 100 urban farms. By entire neighborhoods were emp- 2013 urban agriculture was tying. In the case of widespread recognized as a legal use in foreclosures, the vacancies were the city’s zoning ordinance. often temporary. In the future, This reduced uncertainty vacancies may be more perma- and allowed existing urban nent as demand for single-family farms to remain in place and homes dissipates in certain areas. expand. In 2016, there were The following tools can help keep approximately 1,400 urban vacant homes from falling into Ed Kohler, Flickr (CC by 2.0) farms in Detroit. disrepair, or help find alternative The Detroit ordinance uses for them. VPOs are one tool that municipalities can use to minimize establishes legal definitions the impacts of vacant and abandoned homes. for many urban agriculture Code Enforcement Tools—VPOs and uses, including aquaculture, Receivership aquaponics, farm stands, An effective tool to address vacant homes can be absorbed by the market, a VPO is a farmers markets, greenhouses, rainwater in your community is the vacant property good stop-gap measure. catchment systems, hoop houses, orchards, ordinance (VPO). The tool can be easily A more aggressive approach is through tree farms, urban farms, and urban gardens. incorporated into your municipal code, but a vacant building receivership ordinance. The ordinance operates as an overlay to the also requires some enforcement capacity. Referred to as “fix it or lose it” by the city city’s existing zoning ordinance. The code Fees can be established to help offset some of Baltimore, it provides a building official includes standards for setbacks, lighting, of the enforcements costs. with the authority to petition the court for maintenance, drainage, nuisance issues, During the foreclosure crisis of the late the appointment of a receiver to help raze, noise, and hours of operation. Importantly, 2000s, the VPO was developed and utilized rehabilitate, or sell a vacant building. The the ordinance grants legal nonconforming by towns and cities nationwide to address city also has a “Vacant to Value” program use status to all agricultural operations that the abandonment of homes and prevalence that allows for property under city ownership predate the ordinance. of bank-owned homes. Many communi- to be transferred to a developer for improve- Portland, Oregon, has incorporated ties adopted VPOs and code enforcement ments and eventual sale. Receivership has urban agriculture into the zoning ordinance protocols to help minimize the impact of the potential to quickly address and remedy with the express intent of connecting local vacant properties. Doug Leeper, the code nuisance properties (City of Baltimore). food production to the community at a
ZONINGPRACTICE 2.18 AMERICAN PLANNING ASSOCIATION | page 3 neighborhood level. The zoning updates include clear definitions of several land-use types, including:
• market gardens (or orchards) where food is grown to be sold • community gardens, where several indi- viduals collaborate to grow food • food membership distribution sites, farmers markets
The focus of amendments to the Portland zoning code was to legalize these activities in all zoning districts, while add- ing performance standards to address possible impacts. Urban agriculture can be applied to suburban areas, as well. Sacramento County, a mixed urban/suburban county in California, adopted a new urban farm ordinance in 2017. The ordinance permits Jason Meredith, Wikimedia, (CC by 2.0) market gardens, small farms on vacant property, and urban ag stands to sell pro- duce, eggs, honey, and other goods on Some municipalities explicitly encourage larger, more expensive homes with the site of an urban farm or garden. The minimum dwelling unit requirements. ordinance also allows egg-laying hens and ducks on parcels as small as 10,000 square feet, and permits beehives. Zoning codes are typically full of provi- particularly with regard to existing non- Urban agricultural concepts can breathe sions that prohibit housing through scale conformities new life into urban and suburban neighbor- and density constraints. Some jurisdictions • preapproved building prototypes (e.g., hoods. These concepts have applicability even have minimum dwelling unit sizes with mixed uses, housing types, etc.) to all over the U.S. as changing demographics the express intent of encouraging larger, shorten the review process and socioeconomic conditions reduce the more expensive homes. Market solutions, in demand for inner city and large suburban the form of smaller units, can be facilitated Microunits that can be built off-site lots. (For more information, see “Urban Agri- with zoning changes and respond to demand and brought in on wheels can also play a culture as an Emergent Land Use,” Zoning for missing middle housing. role in a gentle-infill strategy, particularly Practice, August 2014: planning.org/media/ In 2009, the town of Mammoth Lakes, as temporary or permanent workforce hous- document/9006887.) California, recognized that infill could be a ing. Microunits can be used as accessory way to bring more development and vital- dwelling units, part of multiunit clusters, or GENTLE INFILL ity to town, particularly with respect to as freestanding “skinny” homes on small Thus far, we have focused on strategies workforce housing. It adopted a Community leftover parcels. Consultant Darin Dinsmore for unwanted homes and lots in single- Benefit/Incentive Zoning Policy (CB/IZ). The helped Truckee, California, implement this family neighborhoods, and how to use code idea behind the CB/IZ was to provide devel- incremental infill process to transform an enforcement and site acquisition tools to opment incentives (zoning flexibility, impact auto-oriented corridor into a mixed use help address impacts, encourage reuse of fee reductions, etc.) in exchange for commu- community by allowing opportunity sites to structures, or provide alternative uses for nity benefits such as workforce housing. develop with street-fronting uses such as the structure or land. What about areas A draft Downtown Revitalization Action offices, retail buildings, mixed use buildings, where new housing supply is needed, but the Plan was presented to the town council and town houses. In addition to zoning flex- existing homogenous single-family neigh- in September 2017. This plan includes an ibility, a key component of this approach is borhood is not meeting the market or social “incremental development overlay ordi- cost containment—allowing fee reductions demand for new housing, particularly work- nance” and includes concepts such as: or waivers to allow these projects to be built force housing? One concept that is gaining with less cost. traction is “gentle infill,” where infill devel- • expedited planning and permit processing Dinsmore and others argue for permit opment is compatible with its surroundings • allowing shared parking, off-site parking, streamlining, permit fee reductions, parking to achieve urban design goals and produce and other creative parking solutions reductions, and other “breaks” to incentiv- more housing. • code flexibility for smaller projects, ize infill development. Riverside, California,
ZONINGPRACTICE 2.18 AMERICAN PLANNING ASSOCIATION | page 4 has embraced this approach by creating a owners looking for additional cash flow to Some cities concerned about over- Residential Infill Incentive Program. It targets keep up with housing and living costs crowding and its effect on on-street parking underutilized parcels in suburban and rural (Loudenback 2017). in neighborhoods have instituted limits and residential zones that are 21,780 square feet Cities outside of California are mak- greater oversight. Berkeley, California, has or larger. Properties that qualify are eligible ing significant progress, as well. Arlington, instituted new restrictions on additional for fee reductions to make additional resi- Virginia, recently rewrote its regulations to bedrooms that would require reviews and dential development less expensive in areas allow for an easier process for home owners permits before increasing the number of where existing infrastructure is in place (City to construct and license ADUs after only 20 bedrooms on a residential parcel beyond of Riverside). eligible home owners successfully obtained four. Davis, California, similarly requires Davis, California, has taken a much licenses over an eight-year period (Sullivan additional off-street parking for homes with different approach to help facilitate infill 2017). Perhaps no city has seen as much five or more bedrooms. It is probably no coin- development. Instead of providing financial success in promoting or building ADUs cidence that both cities are college towns or processing incentives, the city prepared a as Portland, Oregon. In 2016, the number with burgeoning student populations. San helpful guide to infill development, including of ADUs approved (615) was tantalizingly Luis Obispo, another California college town, principles and expectations. This document close to the number of single-family homes regulates high-occupancy residential uses is still in draft form, but is publicly available approved (867) (Law 2017). where there are more than six adults living (see References). This guide recognizes the This is in stark contrast to just a together in one housing unit. This includes complexity of infill development and seeks decade ago, when Portland approved 30 greater oversight and higher off-street park- to help developers navigate the process to times more single-family home permits ing standards. ensure that high-quality infill is ultimately than permits for ADUs. As the number Another method for increasing the liv- built (City of Davis). of lots available for single-family homes ing space in a home is to convert all or part decreases, and as demand for housing of a garage, either into additional rooms Accessory Dwelling Units remains strong, the economics of maximiz- for the main unit or as part of an ADU. The For years, accessory dwelling units (ADUs) ing the buildout of a single-family lot by new California state laws for streamlining have been a cost-effective way to increase adding an ADU become more profound. With ADU approval contemplate existing garages the housing supply. These smaller housing administrative and fee changes that the as one option for home owners. Finishing units, either within the existing footprint of city has made for processing ADU permits, garages (or in some parts of the country a home or in a small accessory structure, it becomes even cheaper than it otherwise attics or basements) may often be a more were traditionally created with the purpose might have been. Portland exempted ADUs affordable option for adding living space of housing extended family members nearby. from impact fees for roads, parks, and than an expensive addition or freestanding They are generally a good way to increase the utilities in 2010 and has since renewed ADU. As driving habits and car ownership density in low-density neighborhoods, while that exemption twice. Even with the recent levels change, and as (some) cities relax at the same time providing supplementary boom, there is considerable development off-street parking requirements, garage income for home owners. While some cities potential remaining throughout the city as conversions may increasingly be part of the have embraced accessory dwelling units, well. Portland State University recently cal- reimagining of single-family neighborhoods. others have put up roadblocks and tried to culated that there are approximately 70,000 ban them all together. single-family lots in the city that could add Short-Term Rentals Recognizing their potential to limit an ADU. (Law 2017) A pressure on single-family neighborhoods sprawl and provide additional affordable is the rise of the sharing economy and short- housing, many states and jurisdictions have Additions and Garage Conversions term rentals. In popular tourist areas, a taken steps to ease the path for home own- One of the biggest limiting factors to how well-run Airbnb can generate more money for ers to build accessory dwelling units. At the many people can live in a single-family a home owner than might otherwise be gen- end of 2016, California enacted a sweeping home is the number of bedrooms it is per- erated through a long-term residential lease. law streamlining the process whereby cities mitted to have. Adding additional bedrooms Some recent data has shown that spikes in should approve them, as well as reducing the has traditionally been relatively easy. In Airbnb listings can be linked to increases in fees associated with them. some cases, it’s a matter of adding a wall the monthly cost of rent. This encourages Given the high cost of housing in Cali- or subdividing a room. In other cases, the property owners to withdraw their properties fornia, the number of applications for ADUs additional bedroom(s) can take the form from the housing market and rent them out has exploded in many jurisdictions, includ- of an addition to the home. In still other as short-term rentals. ing Santa Barbara. ADUs may become one of circumstances, there may be underused or The impact of short-term rentals is the key fixtures for a “post-suburban city” uninhabitable space that can be claimed, more profound than just shrinking the where the modern household is not just the like a garage, attic, or basement. In the home supply and increasing the cost of traditional nuclear family, but full of many past, this has been a straightforward rent. Airbnbs and other short-term rentals generations, multiple unrelated adults liv- process: As long as you obeyed setbacks have the potential to drastically change ing together, college students moving back and floor area ratio requirements, all you the character of existing single-family home for longer periods of time, and home needed was a building permit. neighborhoods. Imagine—suddenly the
ZONINGPRACTICE 2.18 AMERICAN PLANNING ASSOCIATION | page 5 Abe Ezekowitz/Wikimedia (CC SA-3.0) home next door has a different someone Converting garages into accessory dwelling units is a popular and effective living there two, three, or four nights a way to adapt to increased demand in single-family neighborhoods. week. Different cars come and go. There’s the constant shuffle of luggage and people in and out of the home. People unfamiliar others, like New York City, have significantly Multigenerational Housing with the neighborhood or sound ordi- increased their regulation and oversight. The American Planning Association esti- nances host parties. Now imagine that Regulations for short-term rentals can mates that by 2040, more than 20 percent the neighborhood has multiple short-term be tailored to fit the unique needs of the of the population will be over the age of 65 rentals (maybe it’s a popular vacation community. So far, there is no one set of best and over 28 percent of the population will be area and has a view). Now it’s not just one practices. Rohnert Park, California, wanted under the age of 18. Combined, this is nearly house on the block that has become tran- to maintain the character of its suburban- half of the total population (Hodgson 2011). sient in nature, but three. Suddenly the style residential neighborhoods that were It is expected that more and more of these neighborhood begins to lose its cohesion. beginning to experience pressure from the persons will live in multigenerational house- Unlike ADUs, short-term rentals have proliferation of nearby wine country short- holds. Younger adults are also living at home only recently been a regulatory concern. term rentals. The city crafted an ordinance in for longer periods than in the past. Some cities have prohibited them completely, 2017 that banned whole-house rentals, yet Zoning codes need to be adjusted to with Healdsburg, California, a popular wine still allowed single-room rentals subject to accommodate multigenerational house- country destination concerned about the certain conditions. The city felt this compro- holds. In 2013, AARP calculated that 51 cost of housing and proliferation of vacation mise still allowed residents to supplement million American live in multigenerational homes, being a prime example. Cities like their incomes through short-term rentals, but homes (Abrahms 2013). This is 16.7 percent Sonoma, California, have limited how many helped to maintain the housing supply and of the U.S. population. Some builders have short-term rental permits can be issued, while preserve neighborhood character. begun to recognize this, and are building
ZONINGPRACTICE 2.18 AMERICAN PLANNING ASSOCIATION | page 6 dwelling unit typologies that can accom- CONCLUSION development. Regardless, today’s single- modate more than one household. Others Where do single-family neighborhoods go family neighborhoods will look very different offer two master suites, or dens that can from here? Riding the waves of change, in the coming years. be converted into a bedroom. By mak- both demographic and economic, will be ing sure that a bedroom and a bathroom key for the survival and evolution of these ABOUT THE AUTHORS are on the first floor, these developments neighborhoods over the coming decades. appeal to multigenerational households In areas where population and financial Jeffrey Beiswenger, AICP, is the planning with elderly parents who may not want or trajectories might otherwise point toward manager in Rohnert Park, California, and be able to climb the stairs. In response disinvestment, the full toolbox should be previously worked as a consultant specializing to demographic changes and the related available to practitioners to guide the next in zoning ordinance updates. He has written housing demand, a developer in Hunting- stage of development: code enforcement, codes related to sustainable zoning and ton Beach, California, scrapped plans for receivership, and urban agriculture are all development codes in 11 states, and was the a 23-acre, single-family neighborhood and possibilities. At the other end of the spec- author of two previous editions of Zoning instead designed a multigenerational neigh- trum, where there is pressure for greater Practice. He holds a bachelor’s degree in borhood with a mix of small homes, town densities, municipalities should be prepared architecture from the University of Arizona and houses, and carriage houses with dwelling to see increasing numbers of short-term a master’s degree in urban planning from the units designed to accommodate home- rentals, home additions, and accessory University of Illinois at Urbana-Champaign. based businesses. The neighborhood was dwelling units. In some cases, practitioners intentionally designed to allow for young should be prepared to guide single-family Zachary Tusinger is a planner for Rohnert Park. families, downsizing baby boomers, their neighborhoods toward more complete He holds a master’s degree in urban planning aging parents, and their boomerang adult transformations—walkable neighborhoods from the University of Kansas and a juris doctor children to all live together nearby. with a mix of single-family and multifamily degree from Saint Louis University.
REFERENCES Abrahms, Sally. 2013. “3 Generations Lerner, Michele. 2017. “Report: Student Under One Roof.” AARP Bulletin. Avail- Loan Debt Delays Homeownership able at http://bit.ly/2FrG0QU. by Seven Years.” Washington Post, October 19. Available at http://wapo. City of Vancouver. 2017. Housing Vancou- st/2DkPqNn. ver Strategy. Available at http://bit. ly/2CZGyz9. Loudenback, Tanza. 2017. “Crazy-High Rent, Record-Low Homeownership, and City of Baltimore. Vacant to Value. Avail- Overcrowding: California has a Plan to Cover: © iStockphotos.com able at http://bit.ly/2DkPixn. Solve the Housing Crisis, but not With- City of Davis. Guide to Infill Development. out a Fight.” Business Insider, March Available at http://bit.ly/2ARnihS. 12. Available at http://read.bi/2nfY7TV. VOL. 35, NO. 2 City of Riverside. Residential Infill Incen- Nelson, Arthur. 2013. Reshaping Metro- Zoning Practice (ISSN 1548–0135) is a tive Program. Available at http://bit. politan America: Development Trends monthly publication of the American ly/2Di9q33. Planning Association. James M. Drinan, jd, and Opportunities to 2030. Washing- Chief Executive Officer; David Rouse, faicp, Hodgson, Kimberly. 2011. “Multigenera- ton, D.C.: Island Press. Available at Managing Director of Research and Advisory tional Planning: using smart growth http://bit.ly/2mkgrs4. Services; Joseph DeAngelis and David Morley, aicp, Editors. and universal design to link the needs Sullivan, Patricia. 2017. “Making Rent- of children and the aging population.” Subscriptions are available for $95 (U.S.) and ers More Welcome: Arlington Revisits $120 (foreign). Missing and damaged print American Planning Association. Avail- ‘Granny Flat’ Regulations.” The Wash- issues: Contact APA Customer Service (312- able at planning.org/research/family/ ington Post, October 29. Available at 431-9100 or [email protected]) within 90 days of the publication date. briefingpapers/multigenerational.htm. http://wapo.st/2DlHtYp. Jacobsen, Joan. 2015. “Receivership: ©2018 by the American Planning Association, Worstall, Tim. 2016. “The U.S. Lost 7 Mil- which has offices at 205 N. Michigan Ave., The Key Strategy in Baltimore’s Fight lion Manufacturing Jobs and Added 33 Suite 1200, Chicago, IL 60601–5927, and 1030 Against Vacants.” Abell Foundation. Million Higher Paying Service Jobs.” 15th St., NW, Suite 750 West, Washington, DC 20005–1503; planning.org. Available at http://bit.ly/2mjyKgY. Forbes, October 19. Available at http:// Law, Steve. 2017. “Portland’s New Housing bit.ly/2D5WMqY. All rights reserved. No part of this publication may be reproduced or utilized in any form or Stock is Tilting to Accessory Dwelling by any means without permission in writing Units”, The Portland Tribune, March 2. from APA. Available at http://bit.ly/2nCKTk5. Printed on recycled paper, including 50-70% recycled fiber and 10% postconsumer waste.
ZONINGPRACTICE 2.18 AMERICAN PLANNING ASSOCIATION | page 7 MARKET? TO ACHANGING HOUSING ADAPT YOURHOW CITY CAN ZONING PRACTICE AMERICAN PLANNING ASSOCIATION
205 N. Michigan Ave. Suite 1200 Chicago, IL 60601–5927 2 ~ STATE OF CALIFORNIA ATTACHMENT F l.W..!.'!fsir AUTHENTICATED 'f'JD.w ELECTRONIC LEGAL MATERIAL
State of California
GOVERNMENT CODE
Section 65852.2
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily use. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on criteria that may include, but are not limited to, the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) The unit may be rented separate from the primary residence, buy may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily use and includes a proposed or existing single-family dwelling. (iii) The accessory dwelling unit is either attached or located within the living area of the proposed or existing primary dwelling or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) The total area of fl.oorspace of an attached accessory dwelling unit shall not exceed 50 percent of the proposed or existing primary dwelling living area or 1,200 square feet. (v) The total area of fl.oorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing garage that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to a unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished m conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d). (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. ( 4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as othervvise provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days. (7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the application. (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a percentage of the proposed or existing primary dwelling, shall be established by ordinance for either attached or detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. ( 4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit to create within a zone for single-family use one accessory dwelling unit per single-family lot if fhe unit is contained within the existing space of a single-family residence or accessory structure, including, but not limited to, a studio, pool house, or other similar structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. A city may require owner occupancy for either the primary or the accessory dwelling unit created through this process. (f) (!) Fees charged for the construction of accessory dwelling units shall be determined in accordance wifh Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing wifh Section66012). (2) Accessory dwelling units shall not be considered by a local agency, special district, or water corporation to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service. (A) For an accessory dwelling un1t described in subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (B) For an accessory dwelling unit that is not described in subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge fhat shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the nurn ber of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the aufhority oflocal agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. The department may review and comment on fhis submitted ordinance. (i) As used in this section, the following terms mean: (I) "Living area" means fhe interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whefher general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. ( 4) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (5) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (6) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (Amended by Stats. 2017, Ch. 602, Sec. 1.5. (AB 494) Effective January 1, 2018.)