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Accessory Dwelling Unit Regulations Amendments

Proposed amendments to the City's accessory dwelling unit regulations to comply with state law, provide additional housing opportunities, and maintain the character of single-family neighborhoods. Community outreach and feedback have been considered in the revised amendments.

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Accessory Dwelling Unit Regulations Amendments

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  1. Zoning Code Text Amendments:Accessory Dwelling Unit Regulations andMunicipal Code Amendments:Development Impact Fees City Council December 11, 2017

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

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

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

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

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

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

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

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

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

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

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

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

  14. Revised Amendments:Location Requirements for Newly Constructed ADUs

  15. Map of where Newly Constructed ADUs are Proposed to be Permitted *Note ADUs prohibited in Landmark Overlay Districts if visible from the street

  16. Other Revised Amendments:Setbacks and Size

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

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

  19. Proposed Amendments:Other Standards

  20. Proposed Amendments:Other Standards

  21. Zoning Code Amendment:Required Findings • Consistent with the goals and policies of the General Plan • Land Use Element • Policy 2.1 (Housing Choices) • Policy 7.1 (Compatibility) • Policy 8.1 (Identify and Protect Historic Resources) • Policy 8.5 (Scale and Character of New Construction in a Designated Landmark and Historic Districts) • Policy 21.1 (Adequate and Affordable Housing) • Policy 21.3 (Neighborhood Character) • Policy 21.5 (Housing Character and Design) • Policy 22.1 (Appropriate Scale and Massing) • Policy 22.2 (Garages and Accessory Structures)

  22. Zoning Code Amendment:Required Findings • Consistent with the goals and policies of the General Plan • Housing Element • Policy 1-1 (Neighborhood Character) • Policy 2-1 (Housing Diversity) • Implementation Program 13.2 • Not detrimental to the public interest, health, safety, convenience, or general welfare of the City

  23. Recommendation Acknowledge the proposed Zoning Code Amendments are exempt from environmental review (CEQA) Adopt the findings of consistency Approve the proposed Zoning Code Amendments Direct the City Attorney to prepare an Ordinance

  24. Development Impact Fees • Significant community interest in reducing City fees for construction on an ADU • Residential Impact Fee (charged per bedroom) • Studio ($18,472.73) to ≥ 5 bedrooms ($34,193.81) • Traffic Reduction & Transportation Improvement Fee • $2,889.70 • If new unit is covenanted-restricted affordable • Residential Impact Fee • $957.30 • Adjusted per Consumer Price Index • Traffic Reduction & Transportation Improvement Fee • No fee

  25. Example Current Fees – Newly Constructed ADU

  26. Example Current Fees – Converted ADU

  27. Development Impact Fees • Purpose of ADUs is to increase housing supply/options • High fees are a deterrent for many homeowners • At least one building permit application has been withdrawn and several have not yet been issued due to high fees • Recommendation: • Residential Impact Fee for an ADU • $957.30 • Traffic Reduction & Transportation Improvement Fee for an ADU • No fee • Incentive for Affordable ADU (Covenanted) • Waive both Residential Impact Fee and Traffic Reduction & Transportation Improvement Fee

  28. Recommendation Find the proposed Municipal Code Amendments are not subject to environmental review (CEQA) Approve the proposed Municipal Code Amendments (Section 4.17 and 4.19) Direct the City Attorney to prepare an Ordinance

  29. Zoning Code Text Amendments:Accessory Dwelling Unit Regulations andMunicipal Code Amendments:Development Impact Fees City Council December 11, 2017

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

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

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

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

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

  35. City’s Existing Accessory Dwelling Unit Regulations “Newly Constructed ADUs” “Converted ADUs” Existing Existing New ADU within existing space New ADU New ADU Existing Existing Existing

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

  37. City’s Existing Accessory Dwelling Unit Regulations: Newly Constructed ADUs • Development Standards • Newly Constructed ADUs are subject to the development standards applicable to the primary dwelling (e.g. floor area, lot coverage, setbacks, etc.), except:

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

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

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

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

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

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

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

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

  46. All Single-Family Zoned Properties (~20,331)

  47. Single-Family Zoned Properties with 2 units (~20,0331) (~740)

  48. Map of where Converted ADUs are Currently Permitted

  49. Map of where Newly Constructed ADUs are Currently Permitted Approximately 6% of RS zoned properties

  50. Revised Amendments:Location Requirement for Newly Constructed ADUs – Minimum Lot Size • 15,000 square feet: • Approximately 1,277 out of 20,331 recommended RS-zoned properties eligible (~6%) • Includes Historic Districts • Does not include Hillside Districts

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