Planning Commission Review of ADU Policy

TOWN OF PORTOLA VALLEY 7:00 PM – Regular Meeting of the Planning Commission Wednesday, November 7, 2018 Historic Schoolhouse 765 Portola Road, Portola Valley, CA 94028 _____________________________________________________________________________ REGULAR MEETING AGENDA 7:00 PM - CALL TO ORDER AND ROLL CALL Commissioners Hasko, Kopf-Sill, Taylor, Vice-Chair Goulden, Chair Targ ORAL COMMUNICATIONS Persons wishing to address the Planning Commission on any subject may do so now. Please note, however, that the Planning Commission is not able to undertake extended discussion or action tonight on items not on the agenda. OLD BUSINESS 1. Accessory Dwelling Units (ADUs): Review of Additional Information and Preliminary Code Outline (Staff: A. Cassidy) COMMISSION, STAFF, COMMITTEE REPORTS AND RECOMMENDATIONS 2. Commission Reports 3. Staff Report 4. News Digest: Planning Issues of the Day APPROVAL OF MINUTES 5. Planning Commission Meeting of October 17, 2018 ADJOURNMENT ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department at (650) 851-1700. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Any writing or documents provided to a majority of the Town Council or Commissions regarding any item on this agenda will be made available for public inspection at Town Hall located 765 Portola Road, Portola Valley, CA during normal business hours. Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Portola Valley Library located adjacent to Town Hall. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only issues you or someone else raised at the Public Hearing(s) described in this agenda, or in written correspondence delivered to the Planning Commission at, or prior to, the Public Hearing(s). MEMORANDUM TOWN OF PORTOLA VALLEY TO: Planning Commission FROM: Laura C. Russell, Planning and Building Director Arly A. Cassidy, Associate Planner DATE: November 7, 2018 RE: ADUs: Review of Additional Information and Preliminary Code Outline RECOMMENDATION Staff recommends that the Planning Commission receive a presentation from staff, ask questions and provide comments, receive public comments, respond to questions in the report, and identify any additional information that the Commission would like to have presented at the upcoming public meetings. BACKGROUND On October 3, 2018, the Planning Commission held a study session on ADUs. The staff report (Attachment 1) contained background and research on the subject, and posed multiple questions for the Planning Commission’s deliberation. The Commission discussed and gave staff direction on Sections 1 & 2, Staff Recommendations and Procedure: Staff Discretionary Review. The Planning Commission continued its discussion of Section 3, Policy and Code Changes, to its regular meeting on October 17, 2018. At the October 17th meeting, the Commission reviewed and gave staff direction on the third section of the staff report. Minutes from both meetings are included (Attachments 2 & 3). The following week on October 22, 2018, staff presented a similar report to the ASCC (Attachment 4, Minutes at Attachment 5)), where questions and feedback were focused on design related issues within the proposed changes for ADUs. This staff report addresses the Planning Commission’s requests for additional information, offers a preliminary outline of the code which reflects feedback staff received from both Commissions. In some cases, feedback and direction was mixed, in which case the report describes this and calls out the proposed changes as a place for further modification. At this meeting, staff requests that the Planning Commission review the materials and provide feedback; no formal action will be taken at this meeting. At a future meeting, the Planning ADUs: Additional Information and Preliminary Code Outline November 7, 2018 Planning Commission Review Page 2 Commission will conduct a public hearing and provide recommendations to the Town Council on Municipal Code amendments, policy changes, and new programs to encourage ADUs. The Town Council has final decision making authority on all the proposed changes. Next steps and future meeting dates are discussed on the last page of this report. City Council Direction At the July study session, the Town Council provided direction to the Planning Commission to focus on a number of “preferred ideas” out of the long list of possible changes generated by staff. The list of preferred ideas included where ADUs are permitted (size of lot), how big ADUs are allowed to be and how to calculate that floor area, parking and driveway and utility requirements for ADUs, and when to require ASCC review of ADUs. The full list is as follows: • Expand second unit opportunities to all of the Town’s zoning district • Allow second addresses, which would allow for separate utility panels • Review floor area calculations on lots to encourage second units o Bigger ADUs o ADUs exempt from 85% rule o Bigger ADUs where house is smaller (looser ADU maxes but keep property max) • Review alternative building types, including pre-approval of prefab units • Examine reduction of design elements requiring ASCC approval • Reduce parking requirements and allow for sharing of existing parking on properties (i.e., second unit parking in a guest space) • Remove owner occupancy requirement The Council’s overall goal of promoting ADUs can be achieved by increasing consistency within the municipal code, removing barriers to ADU creation, providing incentives for ADUs, and creating a supportive process for residents interested in building an ADU. Staff heard clear support from the Planning Commission for the goal of increasing consistency, removing barriers and creating a supportive process, but the Commission was more divided on the idea of providing incentives specific to ADUs. The overriding goal of the Council is to promote the creation of ADUs while retaining the Town’s character. Relationship to State Law Under current code, as required by State law, internal ADUs may be created by converting existing space on a property through a ministerial process. These internal conversion ADUs can be up to 1,200 square feet or 50% of the main house floor area, whichever is less, and located on any residentially zoned lot, including properties less than one acre. Existing areas subject to conversion include houses, garages and carports, studios, cabanas, and basements. This is an important baseline when considering revisions to the ADU regulations. If the regulations are very restrictive, a property owner may consider two options when deciding how to create an ADU: 1) apply to construct an ADU, or 2) apply to construct an addition, then convert it to an internal ADU at a later date under a ministerial review. It is preferable to the Town to review both the physical improvements and the intended use at the same time in one transparent process. To encourage this, staff recommends creating a straightforward application process that includes consideration of the 1,200 square foot threshold from State law. ADUs: Additional Information and Preliminary Code Outline November 7, 2018 Planning Commission Review Page 3 Guide to Staff Report This report is meant to assist the Planning Commission, Town residents, and any other interested parties in reviewing a preliminary code outline and additional information. Staff’s intent is to provide a clear structure for the description and consideration of each potential change to the Town’s regulations. The following guide lays out how the staff report is organized and where to find specific information. High Level Feedback from Planning Commission: • How do regulations impact each other and come together? • Staff Discretionary Review has potential as a tool but needs more detail • ADUs must be accessory in nature • Requests for more information to assist in decision making • What is the Town trying to achieve overall? Are the proposed changes tied to the goals? This staff report is organized around these questions and requests. Each of the five sections, listed below, addresses one of the broader pieces of feedback staff received. Lettered subsections are utilized to give detailed responses in an organized manner. 1) How Regulations Impact Each Other (p. 4) 2) Staff Discretionary Review (p. 10) a) Process (p. 10) b) Triggers(p. 11) 3) ADUs as Accessory (p. 13) 4) Requests for More Information (p. 15) a) Allow ADUs in All Zones (p. 15) b) Allow ADUs on All Lot Sizes (p. 16) c) Floor Area – Total Allowed (p. 17) d) Floor Area – Basements (p. 18) e) Height (p. 19) f) Parking (p. 20) g) Driveways (p. 21) h) Utility Undergrounding (p. 22) i) Second Addresses (p. 24) j) Owner Occupancy (p. 24) k) Short Term Rentals (p. 25) l) Findings (p. 26) m) Notice (p. 26) 5) What Is the Town Trying to Achieve? (p. 27) Information within each subsection is organized around the following headers: • Commissioner Comments o Summarizes Planning Commission and ASCC feedback, including comments, questions, and subjects that elicited conflicting direction. Where feedback was mixed or direction split, this was called out. On many topics, a variety

Load more