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HomeMy WebLinkAbout2021-06-30 Planning & transportation commission Agenda Packet_______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three (3) minutes to accommodate a larger number of speakers. Planning & Transportation Commission Regular Meeting Agenda: June 30, 2021 Virtual Meeting 6:00 PM https://zoom.us/join Meeting ID: 916 4155 9499 Phone number: 1 669 900 6833 ****BY VIRTUAL TELECONFERENCE ONLY*** Pursuant to the provisions of California Governor’s Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of COVID-19, this meeting will be held by virtual teleconference only, with no physical location. The meeting will be broadcast live on Cable TV and through Channel 26 of the Midpen Media Center at https://midpenmedia.org/local-tv/watch-now/. Members of the public may comment by sending an email to planning.commission@cityofpaloalto.org or by attending the Zoom virtual meeting to give live comments. Instructions for the Zoom meeting can be found on the last page of this agenda. TIME ESTIMATES Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Commission reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public Call to Order / Roll Call Oral Communications The public may speak to any item not on the agenda. Three (3) minutes per speaker.1,2 Agenda Changes, Additions, and Deletions The Chair or Commission majority may modify the agenda order to improve meeting management. _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three (3) minutes to accommodate a larger number of speakers. City Official Reports 6:00 PM-6:15 PM 1. Directors Report, Meeting Schedule and Assignments Action Items Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others: Five (5) minutes per speaker.1,3 6:15 PM-8:45 PM 2. PUBLIC HEARING/LEGISLATIVE: Review and Discuss Potential Ordinance Changes to Palo Alto Municipal Code Chapter 18.09 to Consider Regulations to Encourage Affordability for Accessory Dwelling Units (ADUs). Environmental Assessment: Exempt from the CEQA pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines sections 15061(b)(3), and 15305. Approval of Minutes Public Comment is Permitted. Three (3) minutes per speaker.1,3 8:45 PM-8:50 PM 3. May 26, 2021 Draft PTC Meeting Minutes Committee Items Commissioner Questions, Comments, Announcements or Future Agenda Items Adjournment _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three (3) minutes to accommodate a larger number of speakers. Informational Report 2020 Reach Code Cost-Effectiveness Analysis for New Detached Accessory Dwelling Units (ADUs) _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three (3) minutes to accommodate a larger number of speakers. Palo Alto Planning & Transportation Commission Commissioner Biographies, Present and Archived Agendas and Reports are available online: http://www.cityofpaloalto.org/gov/boards/ptc/default.asp. The PTC Commission members are: Chair Bart Hechtman Vice Chair Giselle Roohparvar Commissioner Michael Alcheck Commissioner Bryna Chang Commissioner Ed Lauing Commissioner Doria Summa Commissioner Carolyn Templeton Get Informed and Be Engaged! View online: http://midpenmedia.org/category/government/city-of-palo-alto/ or on Channel 26. Public comment is encouraged. Email the PTC at: Planning.Commission@CityofPaloAlto.org. Material related to an item on this agenda submitted to the PTC after distribution of the agenda packet is available for public inspection at the address above. Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329-2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three (3) minutes to accommodate a larger number of speakers. Public Comment Instructions Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to planning.commission@CityofPaloAlto.org 2. Spoken public comments using a computer will be accepted through the teleconference meeting. To address the Board, click on the link below for the appropriate meeting to access a Zoom-based meeting. Please read the following instructions carefully. A. You may download the Zoom client or connect to the meeting in-browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. B. You will be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. C. When you wish to speak on an agenda item, click on “raise hand”. The moderator will activate and unmute attendees in turn. Speakers will be notified shortly before they are called to speak. The Zoom application will prompt you to unmute your microphone when it is your turn to speak. D. When called, please limit your remarks to the time limit allotted. E. A timer will be shown on the computer to help keep track of your comments. 3. Spoken public comments using a smart phone will be accepted through the teleconference meeting. To address the Council, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow instructions B-E above. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Board. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. https://zoom.us/join Meeting ID: 916 4155 9499 Phone number: 1 669 900 6833 (you may need to exclude the initial “1” depending on your phone service) Planning & Transportation Commission Staff Report (ID # 12402) Report Type: City Official Reports Meeting Date: 6/30/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: City Official Report Title: Directors Report, Meeting Schedule and Assignments From: Jonathan Lait Recommendation Staff recommends that the Planning and Transportation Commission (PTC) review and comment as appropriate. Background This document includes the following items: • PTC Meeting Schedule • PTC Representative to City Council (Rotational Assignments) • Tentative Future Agenda Commissioners are encouraged to contact Vinh Nguyen (Vinhloc.Nguyen@CityofPaloAlto.org) of any planned absences one month in advance, if possible, to ensure availability of a PTC quorum. PTC Representative to City Council is a rotational assignment where the designated commissioner represents the PTC’s affirmative and dissenting perspectives to Council for quasi- judicial and legislative matters. Representatives are encouraged to review the City Council agendas (http://www.cityofpaloalto.org/gov/agendas/council.asp) for the months of their respective assignments to verify if attendance is needed or contact staff. Prior PTC meetings are available online at http://midpenmedia.org/category/government/city-of-palo-alto/boards- and-commissions/planning-and-transportation-commission. The Tentative Future Agenda provides a summary of upcoming projects or discussion items. Attachments: • Attachment A: June 30, 2021 PTC Meeting Schedule and Assignments (DOCX) 1 Packet Pg. 6 Planning & Transportation Commission 2021 Meeting Schedule & Assignments 2021 Schedule Meeting Dates Time Location Status Absences/Notes 1/13/2021 6:00 PM Virtual Meeting Regular 1/27/2021 6:00 PM Virtual Meeting Regular 2/10/2021 6:00 PM Virtual Meeting Regular Roohparvar 2/24/2021 6:00 PM Virtual Meeting Regular Roohparvar 3/10/2021 6:00 PM Virtual Meeting Regular 3/31/2021 6:00 PM Virtual Meeting Regular 4/14/2021 6:00 PM Virtual Meeting Regular 4/28/2021 6:00 PM Virtual Meeting Regular 5/12/2021 6:00 PM Virtual Meeting Regular 5/26/2021 6:00 PM Virtual Meeting Regular Roohparvar 6/9/2021 6:00 PM Virtual Meeting Regular Chang 6/30/2021 6:00 PM Virtual Meeting Regular Alcheck 7/14/2021 6:00 PM Virtual Meeting Regular 7/28/2021 6:00 PM Cancelled Cancelled 8/11/2021 6:00 PM Cancelled Cancelled 8/25/2021 6:00 PM TBD Regular 9/8/2021 6:00 PM TBD Regular 9/29/2021 6:00 PM TBD Regular 10/13/2021 6:00 PM TBD Regular 10/27/2021 6:00 PM TBD Regular 11/10/2021 6:00 PM TBD Regular 11/24/2021 6:00 PM Cancelled Cancelled Day Before Thanksgiving 12/8/2021 6:00 PM TBD Regular 12/29/2021 6:00 PM Cancelled Cancelled 2 Days Before NYE 2021 Assignments - Council Representation (primary/backup) January February March April May June Doria Summa Giselle Roohparvar Michael Alcheck Ed Lauing Cari Templeton Giselle Roohparvar Michael Alcheck Cari Templeton Bart Hechtman Giselle Roohparvar Doria Summa Bart Hechtman July August September October November December Bryna Chang Doria Summa Bart Hechtman Michael Alcheck Cari Templeton Ed Lauing Ed Lauing Michael Alcheck Bryna Chang Ed Lauing Bryna Chang Giselle Roohparvar 1.a Packet Pg. 7 Planning & Transportation Commission 2021 Tentative Future Agenda The Following Items are Tentative and Subject to Change: Meeting Dates Topics July 14, 2021 • TBD Upcoming items: Topics • Study Session: Ordinance Amending 18.42.110 (Wireless Communication Facilities) • Castilleja School • University Avenue In-Lieu Parking Program 1.a Packet Pg. 8 Planning & Transportation Commission Staff Report (ID # 12380) Report Type: Action Items Meeting Date: 6/30/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: ADU Code Changes: Affordability Regulations Title: PUBLIC HEARING/LEGISLATIVE: Review and Discuss Potential Ordinance Changes to Palo Alto Municipal Code Chapter 18.09 to Consider Regulations to Encourage Affordability for Accessory Dwelling Units (ADUs). Environmental Assessment: Exempt from the CEQA pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines sections 15061(b)(3), and 15305. From: Jonathan Lait Recommendation Staff recommends the Planning and Transportation Commission (PTC) take the following action(s): 1. Discuss potential modifications to Palo Alto Municipal Code Chapter 18.09 to promote affordable accessory dwelling units and junior accessory dwelling units; 2. Provide recommendations on policies and development standards to develop further for inclusion in a draft ordinance. Executive Summary This report discusses policies and development standards intended to yield deed-restricted, income-restricted accessory dwelling units (ADU) and junior accessory dwelling units (JADU) that can be leased at affordable rates. The following ideas are discussed in this report as incentives for rent restricted ADUs: i. Allowing Reconstruction/Expansion of Non-Conforming Structures ii. Removing the Existing Garage Requirement for Conversions iii. Allowing an Additional ADU to be Built when Providing an Affordable Unit On-Site iv. Exempting Basement Square Feet from Maximum Unit Size Calculations v. Increase Allowed Maximum Size for ADU/JADU vi. Allowing Reduced Setbacks for Affordable Units 2 Packet Pg. 9 City of Palo Alto Planning & Development Services Department Page 2 vii. Exempting Affordable Units from Development Impact Fees viii. Expediting Reviews of Affordable Units This report and associated discussion follow two prior PTC hearings regarding proposed modifications to the city’s ADU/JADU ordinance. The prior meetings were held on February 10, 20211 and 24, 20212 and; more information is available online at: https://bit.ly/2QzrW1Y. Background On October 26, 2020, the Palo Alto City Council adopted Palo Alto Municipal Code Chapter 18.093, the most recent Accessory and Junior Accessory Dwelling Unit Ordinance (Attachment A). The October 5, 2020 first reading staff report4 and minutes5 are available online. The ordinance’s adoption occurred after PTC’s public hearing held on May 27, 2020. At that time, the PTC recommended adoption of the ordinance. While the Council adopted the ordinance, the Council also directed the PTC and staff to continue pursuing additional changes to the ordinance that can further the production of ADUs and JADUs in Palo Alto. The PTC previously considered and recommended changes to development standards to encourage ADU production. This report proposes changes to the ordinance that could lead to affordable ADUs. Defining Housing Affordability and Affordable Housing When using the term “affordable”, staff is referring to deed-restricted units that are offered for reduced rent to income-qualifying households. The tenant household must have an income that falls within a range established by City policy. The income corresponds to Santa Clara County’s Income Table as developed by the Department of Housing and Urban Development (HUD). Each year, HUD publishes a table for each county identifying the median income, and the incomes of extremely low-, very low-, and low-income households. The household income varies based on household size. As of April 26, 2021, the area median income (AMI) in Santa Clara County is $151,300. Most affordable housing programs focus on serving households below the area median income; those households that fall within the extremely low, very low, and low-income categories. Table 1: Santa Clara County Income Table Issued by HUD April 26, 20213 1 February 10, 2021 Staff Report: https://www.cityofpaloalto.org/files/assets/public/planning-amp-development- services/file-migration/bc/ptc/2021-agenda/ptc-2.10-agenda-packet.pdf; February 10, 2021 Minutes: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/planning-and- transportation-commission/2021/ptc-2.10.2021-bgh-revisions.pdf 2 February 24, 2021 Staff Report: https://www.cityofpaloalto.org/files/assets/public/planning-amp-development- services/file-migration/bc/ptc/2021-agenda/ptc-2.24-agenda-packet.pdf; February 24, 2021 Minutes: https://www.cityofpaloalto.org/files/assets/public/planning-amp-development-services/file- migration/bc/ptc/2021-agenda/ptc-2.24-agenda-packet.pdf 3 PAMC Chapter 18.09 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-58731 4 CMR 10-5-20 https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=59061.88&BlobID=78541 5 Minutes 10-5-20 https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=42759.83&BlobID=79414 2 Packet Pg. 10 City of Palo Alto Planning & Development Services Department Page 3 Household Size Income 1 2 3 4 5 6 7 8 Extremely Low $34,800 $39,800 $44,750 $49,700 $53,700 $57,700 $61,650 $65,650 Very Low $58,000 $66,300 $74,600 $82,850 $89,500 $96,150 $102,750 $109,400 Low $82,450 $94,200 $106,000 $117,650 $127,200 $136,600 $146,050 $155,450 Median $105,900 $121,050 $136,150 $151,300 $163,400 $175,500 $187,600 $199,700 Moderate $127,100 $145,250 $163,400 $181,550 $196,050 $210,600 $225,100 $239,650 Source: California Department of Housing and Urban Development, 2021 A household’s income and size determine the income-qualifying category within which the household falls. Further, the federal government provides guidance that housing is affordable if a household spends no more than thirty percent of its income on rent. For example, a home is affordable to a household of 4 earning 100% of the AMI if that household pays approximately $3,782.50 per month for housing costs; or $45,390 per year. As further illustration, the City’s BMR (below market rate) rental price range for a one-bedroom unit is $1,580 per month at 50% AMI to $2,244 per month at 80% AMI. There are three primary ways that housing can be made affordable (30 percent of a household’s income or less). First, the market rate cost of the housing in an area can be affordable; this is sometimes referred to as “naturally” occurring affordable housing. This may be because the household earns sufficient income in relation to the housing, because the housing design commands a lower market price, or other factors. In relation to ADUs, the state has assumed that due to the smaller size of an ADU that ADUs will be lower cost. The actual rental price of ADU/JADUs, though, is not regulated; they are not required to be rented nor are they required to be rented at specific rental rates. The rates can rise and fall with the market and with the owner’s preferences. Second, housing can be made affordable through public policy. The City of Palo Alto, for example, has a policy that requires 15% of for-sale housing units be deed-restricted to be affordable to lower income households. These are often known as inclusionary below market rate units, as they are included in a development that has both market-rate and BMR units. Through this policy and others like it, the City facilitates the development of units that must be rented to households in certain income categories and at rates that household can afford. The management and rental and/or sale of these units ensures that only qualifying households purchase and/or rent the affordable units. Finally, housing can be constructed by affordable housing developers who specifically serve households falling with in the lower income groups. Such housing is often supported by public subsidy, philanthropic support, and/or private sector support (primarily tax credits), which generally also require a recorded covenant strictly limiting rents. Discussion Potential Incentives for Affordable ADUs 2 Packet Pg. 11 City of Palo Alto Planning & Development Services Department Page 4 The policies and development standards described below are intended to incentivize property owners to voluntarily restrict an ADU/JADU to an affordable rent for income-qualifying households. Some of these items may be appealing to provide as a right to all owners of accessory units rather than just affordable units. Staff, however, believes these incentives can help further the creation of affordable housing, which is acutely needed. Further, staff propose to allow a property owner to utilize all the policies and standards. That is, a J/ADU owner need not choose one policy or standard but can benefit from all incentives as they are applicable to the J/ADU. In order to apply, though, the unit must be restricted to income-qualified households only. Finally, all these proposals assume the affordable ADU would be constructed on site and do not contemplate any in-lieu fee or other means of providing the affordable unit. i. Allowing Reconstruction/Expansion of Non-Conforming Structures State ADU law provides a simple path for conversion of an existing, non-conforming structure to an ADU, including complete demolition and reconstruction of the structure in place. If the non-conforming structure is expanded, however, state law allows local governments to impose some minimal regulations, like a four-foot setback and a 16-foot maximum height. A group of local architects has advocated for allowing some degree of expansion when converting or reconstructing non-conforming structures. Reconstruction can lead to a higher quality housing unit than converting a structure that was not intended for human habitation. However, modern building techniques may result in some expansion of the building envelope. The PTC may consider allowing reconstruction of non- conforming buildings in the same location with a slightly different building envelope. Such policy could allow a converted structure to accommodate contemporary building code requirements for habitable buildings without significantly increasing the degree of non- conformity. The PTC may, for example, consider recommending that the height of the structure can increase by up to one foot in height and the width of the structure to grow by a total of six inches in all other directions (see image and Attachment B), while remaining in the same non- conforming location. This could be considered “substantially the same” structure. Alternatively, the PTC could consider establishing a maximum height/dimension that a non-conforming unit could be expanded to (e.g., max height of 10 to 12 feet with a 4/12 roof pitch on all sides) or meet a predetermined daylight plane (established at 10 feet and angled 45 degrees towards property with max height for the structure of 10-12 feet). 2 Packet Pg. 12 City of Palo Alto Planning & Development Services Department Page 5 The policy may, however, exacerbate perceived concerns regarding privacy. For example, if a non-confirming structure is closer than 4 feet from the neighboring property line, the reconstruction of a slightly larger structure at this location, and now for habitation purposes, could be perceived as a challenge to privacy. It would also be contrary to how the City’s Municipal Code generally treats other non-conforming structures and would conflict with the City’s general policy to eliminate non-conforming structures over time. ii. Removing the Existing Garage/Carport Requirement for Conversions Current state and local regulations provide that replacement parking need not be provided for covered parking that is eliminated in order to create an ADU. In maintaining this requirement, it requires that a structure must first be built and then later modified in order to benefit from the reduced parking requirements. For a project that is proposing a new garage or new house (which requires one covered and one uncoved space at a minimum), this would mean applying for two different permits with the City; each with their own plans, inspections, plan check fees, etc. This creates a two-step process for applicants that can add time, money, and barriers to unit production. Requiring a permit to build a garage or carport and a subsequent permit to convert the garage or carport does not add value to the quality of an application if the homeowner is intent on building a second unit and eliminating the covered parking. In the end, this results in more time for staff to review a project at two different stages. Instead, the City could provide a single step process as an incentive for properties to build units that are compliant with the City’s goals; namely, providing an affordable unit. The City could still require that, in this instance, uncovered parking spaces must be located on site, including an opportunity to locate within the front or street-side setbacks, to satisfy the primary unit’s parking needs. Alternatively, the City could simply reduce the parking requirement for the primary unit, as that is the result of the two-step process. The result would be that applicants could choose at any point to provide an ADU on their property, even during the review of a brand new single family home/garage. This change would mean that plans could indicate a house that does not provide any form of covered parking on the site at all. Although this raises some concerns about the existence of sufficent parking on the site, staff believe this could be an acceptable trade-off for the development of an affordable housing unit. iii. Allowing an Additional ADU to be Built when Providing an Affordable Unit On-Site Other jurisdictions within the state have provided incentives to allow additional ADUs to be developed on a site that also provides an affordable unit. In particular, the City of San Diego has allowed a homeowner one additional ADU if an ADU is provided at an affordable rent. Within a transit priority development area, San Diego allows an additional ADU for each affordable ADU provided on-site to an unlimited amount. The City of San Diego additionally requires that the affordable ADU is available to very low income, low income, and moderate-income households, with a deed restriction of not less than 15 years. 2 Packet Pg. 13 City of Palo Alto Planning & Development Services Department Page 6 The City could develop a similar program, though a limit of 1 additional ADU may be more appropriate for Palo Alto. In combination with the existing ordinance, such a policy would allow a single-family zoned parcel to have (1) a primary home, (2) a JADU (3) an ADU, (4) a deed restricted affordable ADU. If there is a preference for these additional units to be attached or detached from the primary dwelling, limited to a certain size, follow specific setback criteria, etc., then staff would seek PTC’s guidance on this. This type of policy may benefit larger parcels more than smaller ones; a separate policy could permit a greater number of additional units built on very large parcels (e.g., one additional unit for lots less than 10,000 sf, two for lots that are 10,000 – 20,000 sf, etc.). iv. Exempting Basement Square Feet from Gross Floor Area/Floor Area Ratio Calculations Per PAMC 18.09.040(i)(2), basements under ADUs are not allowed to extend into the setbacks required for the primary dwelling. Following the PTC hearing on 2/24, PTC voiced support for allowing basements under second units, provided they follow the four-foot side and rear setbacks.6 The ordinance could be further modified to treat basement square footage under an affordable unit as exempt from Gross Floor Area (GRA)/Floor Area Ratio (FAR). This basement would need to follow the footprint and setbacks required of all unit types so that they would not be able to project closer than four feet to a property line. By exempting the basement space from GFA/FAR for affordable units, it could allow an individual to build a large unit, up to the maximum sizes prescribed in state law of 1,200 square feet for a detached unit or 50% of the primary dwelling for an attached unit. Providing a larger unit can provide a more equitable living situation for families looking for an affordable place to live in Palo Alto. It also can provide some flexibility to homeowners who may want to build a bigger unit but still want to preserve a portion of their yard for other uses. Staff would continue to review applications to confirm such basements would not have an adverse impact to adjacent trees, privacy, or dewatering. Potential concerns within the community regarding impacts of large units could include school district student increases (and impacts on other government services if development impact fees were waived for ADUs). v. Increase Allowed Maximum Size for ADU/JADU The City’s ADU ordinance allows for a maximum ADU size of 900 square feet (sf), or 1,000 sf with 2 or more bedrooms, while a JADU has a maximum size of 500 sf. The architect group suggested in their comment letter (Attachment B) that the City should look at expanding the maximum allowed unit sizes. If the PTC would like to recommend Council pursue this change, staff would recommend limiting it to affordable units that meet the thresholds mentioned before in this report. At the moment, staff would suggest allowing up to 1,200 sf square feet for affordable ADUs and 800 sf for affordable JADUs. vi. Allowing Reduced Setbacks for Affordable Units The 2020 state law reduced setbacks for certain second units to a four-foot separation from the rear and side property lines. Staff has heard from homeowners and the architect group that 6 PTC 2-24-21 Staff Report: https://bit.ly/3e1CuyE; PTC 2-24-21 Minutes: https://bit.ly/32dxba3 2 Packet Pg. 14 City of Palo Alto Planning & Development Services Department Page 7 while individuals are keen on developing second units, there is often a balance they seek to achieve between space for the unit and maintaining space for themselves. The City could consider further reducing interior yard setbacks for an affordable unit to a two-foot or zero setback allowance, so long as there were no concerns for fire and life safety. Within these zero- to-four-foot setback areas, the City would have greater authority to regulate the structure by establishing predetermined heights, daylight planes, or other envelope-based restrictions for new construction or even converted structures in these locations. By allowing reduced setbacks, this could provide additional site planning flexibility for the homeowner and doubly serve to limit massing impacts on an adjacent property. If the PTC wishes to recommend this option, staff will need input on what height/setback would be acceptable before providing mock-ups for consideration. One concern with this approach is the area available for screening vegetation would be constrained with a two-foot setback, and non- existent with a zero setback. Likewise, impacts on neighboring property trees is a factor to consider. vii. Exempting Affordable Units from Development Impact Fees In order to encourage development of units that meet the City’s goals of providing affordable housing, the City could exempt units of all sizes from Development Impact Fees. Staff does not generally support eliminating fees that are meant to cover the impacts of development within the City due to the long-term effects of deferred maintenance. However, this may be an acceptable trade-off to achieving the type of affordable development the City wants and needs. While exempting units from Development Impact Fees does not cover the entire costs experienced through the permit review process, it can serve to remove barriers to unit construction. viii. Expediting Reviews of Affordable Units The architect group noted that in addition to all the costs homeowners deal with when submitting permits to the City, processing time can be a significant cost factor. The current review time frames for building permits are: 30-day review of new submittals and 14-day review of resubmitted projects. Staff could investigate reducing the time frames of these reviews to seven-days on the initial review and three-days on any resubmittal. However, without additional staff, it is likely this expedited permit effort would affect current staff’s ability to provide on-time reviews for all other project types. As it is unknown how much development this program could generate, there is no metric to effectively gauge the impact to staff’s workload. Staff would seek Council guidance on this possible incentive related to the City’s resources. Other Dimensions of Affordable ADU Policy In addition to the incentives discussed above, the PTC may also consider several other important policy dimensions: (1) The length of time that a unit must be affordable - The ADU could be subject to restrictions for 55 or 99 years, similar to the treatment of inclusionary BMR units; 2 Packet Pg. 15 City of Palo Alto Planning & Development Services Department Page 8 however, this might not be tolerable for many homeowners and could lead to limited affordable J/ADU production. The PTC might consider a shorter time period such as 10, 15, 20, or 30 years. Staff recommend a minimum of 15 years; during that period the J/ADU must be leased to an income qualified household. After the time ends, the owner could lease the unit to any household. In meetings with the architect group, staff learned the group had not heard support from their clients and other residents for a 15-year minimum. They had heard support for a 5 to 10-year period. Staff does not believe that a 5 to 10-year period is sufficient, as some of the proposed incentives (e.g., an additional unit) provide significant ongoing value to the property owner. At a minimum, staff would seek to establish a graduated metric for the length and time for such units to remain affordable, with more deeply affordable units (50%-80% AMI) having a shorter sunset period. Staff is seeking PTC’s input on this potential approach and whether there are additional possibilities to consider, such as terms related to eight-year housing element cycles and affordability levels. (2) The income categories affordable units must serve – The program could follow the same affordability requirements for the City’s existing BMR program, targeting households within the 80% to 120% AMI range (moderate-income households). The PTC may wish to apply the same standards to the affordable J/ADUs. Alternatively, the PTC may wish to serve low, very low, or extremely low-income households. Typically, units restricted to the latter two categories are supported through 100% affordable housing developments that offer additional services and supports to the households. (3) Process to Lease Affordable ADUs and JADUs – The rental process for the ADU/JADUs could follow a similar process to the rentals for inclusionary BMR housing units, which are administered for the City by Alta Housing. For BMR rental units, Alta Housing is contacted by a property owner when a BMR unit is or will be vacated. Alta Housing is responsible for advertising the unit and finding tenants. As part of the income certification process, the applicants are required to submit income documentation such as a W-2 form, paystubs, asset holdings, etc. Once placed in the housing, Alta Housing recertifies the tenant annually. In speaking with Alta Housing, since there is not an affordable ADU rental program in place, their preference is for the City to create a waitlist that can be used to place pre- qualified tenants in available units. The income certification of prospective tenants can take 30-60 days. During this time, the owner of a vacant ADU is not collecting rent. This may discourage potential homeowners from participating because of the timing issue. (4) Tenant Selection – ADU owners could choose between (1) vetting a potential renter to submit to the administrator for income certification or (2) receiving a referral from the 2 Packet Pg. 16 City of Palo Alto Planning & Development Services Department Page 9 program administrator. The former could add time and cost to securing a tenant, but the latter may not be ideal as the administrator only provides income certification of potential tenants. The landlord would still need to perform their own due diligence and qualification process with the prospective tenant. (5) Program Administration Costs - Alta Housing has suggested requiring a $700 charge for initial certification of tenants and $500 for annual recertification of tenants. This is based on costs for Alta Housing’s administration of the Los Altos BMR program. Typically, this cost is paid by the landlord. This charge would be paid directly to Alta Housing to cover the cost to perform income certification of tenants. Please note that this fee is for income certification only. Other background review (credit history, rental history, criminal check, etc.) are all performed by the housing provider. There are not funds available for the administration of this program within the City’s budget. If the PTC and Council want to cover the program administration with public funds—as opposed to landlord’s paying as described above—then funding sources will need to be identified and appropriated. Staff can pursue State grant funds, such as the Permanent Local Housing Allocation (PLHA) to support creating this program. The PLHA was created in 2017 which established a $75 recording fee on real estate documents to increase the supply of affordable homes in California.7 Based on conversations staff has had with HCD, roughly $231,000 per year could be made available to the City to build this program. But staff is still reviewing the different funding activities in which this could be an eligible activity. This is a non-competitive program. (6) Financing ADU Development – Some cities and counties partner with financial institutions and other organizations to help finance the construction of ADUs. For example, Palo Alto could partner with organizations such as Housing Trust Silicon Valley (HTSV) which provides loans to homeowners trying to develop ADUs. Should the City pursue such partnerships and/or directly establish a loan fund to support ADU development, requiring affordability could be part of the loan terms. Environmental Review This ADU Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines sections 15061(b)(3), and 15305 because it implements requirements related to accessory dwelling units as established in Government Code Section 65852.2, represents only minor changes to land use limitations, and is likely to result in additional dwelling units dispersed throughout the City. As such, it can be seen with certainty that the proposed action will not have the potential for causing a significant effect on the environment. Moreover, the actual development of ADUs would be exempt pursuant to CEQA Guidelines sections 15301, 15302, and 15303. 7 PLHA - https://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml 2 Packet Pg. 17 City of Palo Alto Planning & Development Services Department Page 10 Public Notification, Outreach & Comments The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on April 30, 2021, which is 12 days in advance of the meeting. Report Author & Contact Information PTC8 Liaison & Contact Information Garrett Sauls, Associate Planner Rachael Tanner, Assistant Director (650) 329-2471 (650) 329-2167 Garrett.Sauls@CityofPaloAlto.org rachael.tanner@cityofpaloalto.org Attachments: • Attachment A: Ordinance 5507 (PDF) • Attachment B: Architect Group's Correspondence (PDF) 8 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org 2 Packet Pg. 18 1 0160028_20200922_ay_16 Ordinance No. 5507 Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Amend Requirements Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. Housing in California is increasingly unaffordable. In 2017, the average California home cost about 2.5 times the national average home price and the monthly rent was 50% higher than the rest of the nation. Rents in San Francisco, San Jose, Oakland, and Los Angeles are among the top 10 most unaffordable in the nation. B. Housing in Palo Alto is especially unaffordable. The average Palo Alto home currently costs about 8 times the national average home price and the monthly rent is about 2.5 times the national average. C. Palo Alto has a jobs/housing imbalance. When addressing this imbalance, the City must not only provide housing but also ensure affordability. D. 68, 587, 671, and pertain to accessory dwelling units s junior accessory dwelling units s and were approved by the California Legislature on September 13, 2019 and signed by the Governor on October 9, 2019. These bills, codified primarily in California Government Code sections 65952.2 and 65952.22, are intended to spur the creation of lower cost housing by easing regulatory barriers to the creation of ADUs and JADUs. E. This ordinance is adopted to comply with the mandates of the State ADU Law. SECTION 2. Section 18.42.040 (Accessory and Junior Accessory Dwelling Units) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of the PAMC is deleted in its entirety. SECTION 3. Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 18 18.09.010 Purpose The intent of this Chapter is to provide regulations to accommodate accessory and junior accessory dwelling units (ADU/JADU), in order to provide for variety to the city's housing stock and additional affordable housing opportunities. These units shall be separate, self-contained living units, with separate entrances from the main residence, whether attached or detached. The standards below are provided to minimize the impacts of units on nearby residents and throughout the city, and to assure that the size and location of such dwellings is compatible with the existing or proposed residence(s) on the site and with other structures in the area. 2.a Packet Pg. 19 2 0160028_20200922_ay_16 18.09.020 Applicable Zoning Districts The establishment of an accessory dwelling unit is permitted in zoning districts when single- family or multi-family residential is a permitted land use. 18.09.030 Units Exempt from Generally Applicable Local Regulations (a) Government Code section 65852.2, subdivision (e) provides that certain units shall be approved notwithstanding state or local regulations that may otherwise apply. The following types of units shall be governed by the standards in this section. In the event of a conflict between this section and Government Code section 65852.2, subdivision (e), the Government Code shall prevail. i. An ADU or JADU within the existing space of a single-family dwelling or an ADU within the existing space of an accessory structure (i.e. conversion without substantial addition). ii. An ADU or JADU within the proposed space of a single-family dwelling. iii. A detached, new construction ADU on a lot with a proposed or existing single-family dwelling, provided the ADU does not exceed 800 square feet, sixteen feet in height, or four-foot side and rear (i.e. interior) setbacks. iv. ADUs created by conversion of portions of existing multi-family dwellings not used as livable space. v. Up to two detached ADUs on a lot with an existing multi-family dwelling. (b) The Development Standards for units governed by this section are summarized in Table 1. // // // // // // // // // // 2.a Packet Pg. 20 3 0160028_20200922_ay_16 Table 1: Development Standards for Units Described in Government Code Section 65852.2(e) Single-Family Multi-Family Conversion of Space Within an Existing Single-Family Home or Accessory Structure Construction of Attached ADU Within the Space of a Proposed Single-Family Home New Construction of Detached ADU Conversion of Non-Habitable Space Within Existing Multi-family Dwelling Structure Conversion or Construction of Detached ADU Number of Units Allowed 1 ADU and 1 JADU 25% of the existing units (at least one) 2 Minimum size1 150 sf Maximum size1 N/A2 800 sf N/A Setbacks N/A, if condition is sufficient for fire and safety Underlying zone standard for Single Family Home (ADU must be within space of Single-Family Home) 4 feet from side and rear lot lines; underlying zoning for front setback N/A 4 feet from side and rear lot lines; underlying zoning for front setback Daylight Plane N/A N/A Maximum Height N/A 163 N/A 164 Parking None State Law Reference 65852.2(e)(1)(A) 65852.2(e)(1)(A) 65852.2(e)(1)(B) 65852.2(e)(1)(C) 65852.2(e)(1)(D) (1) Lofts where the height from the floor level to the underside of the rafter or finished roof surface is 5' or greater (2) Up to 150 sf may be added for the purpose of ingress and egress only. (3) Units built in a flood zone are not entitled to any height extensions granted to the primary dwelling. (c) Development standards stated elsewhere in this Section or Title 18, including standards related to FAR, lot coverage, and privacy, are not applicable to ADUs or JADUs that qualify for approval under this section. (d) The establishment of accessory dwelling units and junior accessory dwelling units pursuant to this section shall not be conditioned on the correction of non-conforming zoning conditions; provided, however, that nothing in this section shall limit the authority of the Chief Building Official to require correction of building standards relating to health and safety. (e) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. Nothing in this section shall preclude the Fire Marshal from accepting fire sprinklers as an alternative means of compliance with generally applicable fire protection requirements. (f) Rental of any unit created pursuant to this section shall be for a term of 30 days or more. (g) Attached units shall have independent exterior access from a proposed or existing single- family dwelling. Except for JADUs, attached units shall not have an interior access point to the primary dwelling (e.g. hotel door or other similar feature/appurtenance). (h) Conversion of an existing accessory structure pursuant to Government Code section 65852.2(e)(1)(A) may include reconstruction in-place of a non-conforming structure, so long 2.a Packet Pg. 21 4 0160028_20200922_ay_16 as the renovation of reconstruction does not increase the degree of non-compliance, such as increased height, envelope, or further intrusion into required setbacks. (i) Street addresses shall be assigned to all units prior to building permit final to assist in emergency response. (j) The unit shall not be sold separately from the primary residence. (k) Replacement parking is not required when a garage, carport, or covered parking structure is converted to, or demolished in conjunction with the construction of, an ADU. (l) JADUs shall comply with the requirements of Section 18.09.050. 18.09.040 Units Subject to Local Standards (a) This section shall govern applications for ADUs and JADUs that do not qualify for approval under section 18.09.030 and for which the City may impose local standards pursuant to Government Code section 65852.2, subdivisions (a) through (d). (b) The Development Standards for units governed by this section are provided in Table 2. Table 2: All other Units Attached Detached JADU Number of Units Allowed1 1 1 Minimum size 150 sf Maximum size 900 sf (1,000 sf for two or more bedrooms); no more than 50% of the size of the single-family home 900 sf (1,000 sf for two or more bedrooms) 500 sf Setbacks 4 feet from side and rear lot lines; underlying zone standard for front setback Daylight Plane Initial Height 8 feet at lot line Angle 45 degrees Maximum Height3 Res. Estate (RE) 30 feet Open Space (OS) 25 feet All other eligible zones 16 feet Parking None Square Footage Exemption Up to 800 sf(4) Up to 500 sf(4) (1) An attached or detached ADU may be built in conjunction with a JADU on a lot with an existing or proposed single family home (2) Lofts where the height from the floor level to the underside of the rafter or finished roof surface is 5' or greater (3) Units built in a flood zone are not entitled to any height extensions granted to the primary dwelling. (4) Lots with both an ADU and a JADU may exempt a maximum combined total of 800 square feet of the ADU and JADU from FAR, Lot Coverage, and Maximum House Size calculations. (c) A single-family dwelling shall exist on the lot or shall be constructed on the lot in conjunction with the construction of an ADU/JADU. 2.a Packet Pg. 22 5 0160028_20200922_ay_16 (d) ADU and/or JADU square footage shall not be included in FAR, Lot Coverage, and Maximum House Size calculations for a lot with an existing or proposed single family home, up to the amounts stated in Table 2. ADU and/or JADU square footage in excess of the exemptions provided in Table 2 shall be included in FAR, Lot Coverage, and Maximum House Size calculations for the lot. (e) Attached units shall have independent exterior access from a proposed or existing single-family dwelling. Except for JADUs, attached units shall not have an interior access point to the primary dwelling (e.g. hotel door or other similar feature/appurtenance). (f) No protected tree shall be removed for the purpose of establishing an accessory dwelling unit unless the tree is dead, dangerous or constitutes a nuisance under Section 8.04.050. Any protected tree removed pursuant to this subsection shall be replaced in accordance with the standards in the Tree Technical Manual. (g) For properties listed in the Palo Alto Historic Inventory, the California Register of Historical Resources, the National Register of Historic Places, or considered a historic resource after completion of a historic resource evaluation, compliance with the appropriate Secretary of (h) Noise-producing equipment such as air conditioners, water heaters, and similar service equipment, shall be located outside of the setbacks for the ADU/JADU. All such equipment shall be insulated and housed, except that the planning director may permit installation without housing and insulation, provided that a combination of technical noise specifications, location of equipment, and/or other screening or buffering will assure (i) Setbacks i. Detached units shall maintain a minimum three-foot distance from the primary unit, measured from the exterior walls of structures. ii. No basement or other subterranean portion of an ADU/JADU shall encroach into a setback required for the primary dwelling. iii. Projections, including but not limited to windows, doors, mechanical equipment, venting or exhaust systems, are not permitted to encroach into the required setbacks, with the exception of a roof eave of up to 2 feet. (j) Design i. Except on corner lots, the unit shall not have an entranceway facing the same lot line (property line) as the entranceway to the main dwelling unit unless the entranceway to the accessory unit is located in the rear half of the lot. Exterior staircases to second floor units shall be located toward the interior side or rear yard of the property. ii. Privacy A. Second story doors and decks shall not face a neighboring dwelling unit. Second story decks and balconies shall utilize screening barriers to prevent views into adjacent properties. These barriers shall provide a minimum five-foot, six-inch, screen wall from the floor level of the deck or balcony and shall not include perforations that would allow visibility between properties. 2.a Packet Pg. 23 6 0160028_20200922_ay_16 B. Second story windows, excluding those required for egress, shall have a five-foot sill height as measured from the second-floor level, or utilize obscured glazing on the entirety of the window when facing adjacent properties. Second story egress windows shall utilize obscured glazing on the entirety of the windows which face adjacent properties. C. privacy. (k) Parking i. Replacement parking is not required when a garage, carport, or covered parking structure is converted to, or demolished in conjunction with the construction of, an ADU. ii. Replacement parking is required when an existing attached garage is converted to a JADU. These replacement spaces may be provided as uncovered spaces in any configuration on the lot including within the front or street side yard setback for the property. A. The Director shall have the authority to modify required replacement parking spaces by up to one foot in width and length upon finding that the reduction is necessary to accommodate parking in a location otherwise allowed under this code and is not detrimental to public health, safety or the general welfare. B. Existing front and street side yard driveways may be enlarged to the minimum extent necessary to comply with the replacement parking requirement above. Existing curb cuts shall not be altered except when necessary to promote public health, safety or the general welfare. iii. When parking is provided, the unit shall have street access from a driveway in common with the main residence in order to prevent new curb cuts, excessive paving, and elimination of street trees, unless separate driveway access will result in fewer environmental impacts such as paving, grading or tree removal. iv. If covered parking for a unit is provided in any district, the maximum size of the covered parking area for the accessory dwelling unit is 220 square feet. This space shall count towards the total floor area for the site but does not contribute to the maximum size of the unit unless attached to the unit. (l) Miscellaneous requirements i. Street addresses shall be assigned to all units prior to building permit final to assist in emergency response. ii. The unit shall not be sold separately from the primary residence. iii. Rental of any unit created pursuant to this section shall be for a term of 30 days or more. iv. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. Nothing in this section shall preclude the Fire Marshal from accepting fire sprinklers as an alternative means of compliance with generally applicable fire protection requirements. 2.a Packet Pg. 24 7 0160028_20200922_ay_16 18.09.050 Additional Requirements for JADUs (a) A junior accessory dwelling unit shall be created within the walls of an existing or proposed primary dwelling. (b) The junior accessory dwelling unit shall include an efficiency kitchen, requiring the following components: A cooking facility with appliances, and; food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. i. A cooking facility with appliances shall mean, at minimum a one burner installed range, an oven or convection microwave, a 10 cubic foot refrigerator and freezer combination unit, and a sink that facilitates hot and cold water. ii. A food preparation counter and storage cabinets shall be of reasonable size in relation to a JADU if they provide counter space equal to a minimum 24-inch depth and 36- inch length. (c) For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit. (d) The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner-occupancy is not required if the owner is a governmental agency, land trust, or housing organization. (e) Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, requires owner-occupancy consistent with subsection (d) above, does not permit short-term rentals, and restricts the size and attributes of the junior dwelling unit to those that conform with this section. SECTION 4. Subsection (g) of Section 16.58.030 of Chapter 16.58 (Development Impact Fees) of Title 16 is amended to read: (f) Accessory dwelling units (ADU) less than 750 square feet in size. Any impact fees to be charged for an accessory dwelling unit of 750 square feet or more shall be proportional to the square footage of the primary dwelling unit established by the conversion of an existing garage or carport, provided that the existing garage or carport was legally constructed, or received building permits, as of January 1, 2017, and is converted to an ADU with no expansion of the existing building envelope; SECTION 5. Subsections (a)(4) and (a)(75) of Section 18.04.030 (Definitions) of Chapter 18.04 to read: [. . .] 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- 2.a Packet Pg. 25 8 0160028_20200922_ay_16 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. In some instances this Code uses the term second dwelling unit interchangeably with accessory dwelling unit. For the purposes of this definition, a dwelling unit shall not have an interior access point to another dwelling unit (e.g. hotel door or other similar feature/appurtenance). [. . .] (75 Kitchen a room designed, intended or used for cooking and the preparation of food and dishwashing. Kitchen facilities include the presence of major appliances, utility connections, sink, counter, for storing, preparing, cooking, and cleaning. (A) For ADUs, major appliances shall mean a minimum two burner installed range, and an oven or convection microwave, as well as a minimum 16 cubic foot freezer and refrigerator combination unit. Kitchens shall also include counter space for food preparation equal to a minimum 24-inch depth and 36-inch length, and a sink that facilitates hot and cold water. [. . .] SECTION 6. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 8. The Council finds that the adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines sections 15061(b)(3), 15301, 15302 and 15305 because it constitutes minor dwelling units as established in Government Code Section 65852.2, and these changes are also likely to result in few additional dwelling units dispersed throughout the City. As such, it can be seen with certainty that the proposed action will not have the potential for causing a significant effect on the environment. // // // // 2.a Packet Pg. 26 9 0160028_20200922_ay_16 SECTION 9. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: October 5, 2020 PASSED: October 26, 2020 AYES: CORMACK, DUBOIS, FILSETH, FINE, KNISS, KOU, TANAKA NOES: ABSENT: NOT PARTICIPATING: ATTEST: __________________________________ __________________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________________ ___________________________________ Assistant City Attorney City Manager __________________________________ Director of Planning & Development Services 2.a Packet Pg. 27    Envelope Id: 9071942B9F384F1BB4988D8AE22A87BE Status: Completed Subject: Please DocuSign: ORD 5507 - Ordinance Amending Title 18 (Zoning) of PAMC to Amend Requirements ... Source Envelope: Document Pages: 9 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Kim Lunt AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 kimberly.lunt@cityofpaloalto.org IP Address: 199.33.32.254   Status: Original 10/29/2020 1:45:24 PM Holder: Kim Lunt kimberly.lunt@cityofpaloalto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign   Albert Yang Albert.Yang@CityofPaloAlto.org Assistant City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 97.126.56.32 Sent: 10/29/2020 2:23:33 PM Viewed: 10/29/2020 3:50:24 PM Signed: 10/29/2020 3:51:17 PM      Not Offered via DocuSign Jonathan Lait Jonathan.Lait@CityofPaloAlto.org Interim Director Planning and Community Environment City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 199.33.32.254 Sent: 10/29/2020 3:51:19 PM Resent: 11/3/2020 12:00:04 PM Resent: 11/4/2020 8:17:48 AM Viewed: 11/5/2020 12:34:57 PM Signed: 11/5/2020 12:35:44 PM      Not Offered via DocuSign Ed Shikada ed.shikada@cityofpaloalto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 11/5/2020 12:35:48 PM Viewed: 11/5/2020 4:14:36 PM Signed: 11/5/2020 4:14:43 PM      Not Offered via DocuSign Adrian Fine adrian.fine@cityofpaloalto.org Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 76.218.106.48 Signed using mobile Sent: 11/5/2020 4:14:46 PM Viewed: 11/5/2020 5:20:59 PM Signed: 11/5/2020 5:21:09 PM      Not Offered via DocuSign 2.a Packet Pg. 28   Beth Minor Beth.Minor@CityofPaloAlto.org City Clerk City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 11/5/2020 5:21:12 PM Resent: 11/9/2020 8:12:46 AM Viewed: 11/9/2020 8:17:29 AM Signed: 11/9/2020 8:17:48 AM      Not Offered via DocuSign                           Envelope Sent Hashed/Encrypted 10/29/2020 2:23:33 PM Certified Delivered Security Checked 11/9/2020 8:17:29 AM Signing Complete Security Checked 11/9/2020 8:17:48 AM Completed Security Checked 11/9/2020 8:17:48 AM   2.a Packet Pg. 29 City Of Palo Alto ADU Ordinance, First Reading, Meeting Date 10/5/2020 Agenda Item #8 To the Members of The Palo Alto City Council: We want to begin by expressing commendation for what has been done to date by Council and PTC but particularly by Staff. This is a complex political and technical topic and we consider the ordinance to be mostly in alignment with the State Statutes. We applaud the effort where choices have been made to exceed limitations in a reasonable way, and understand clearly the boundaries established by State legislation. What we need to remember is that the State is promoting this legislation to incentivize and streamline the creation of ADUs. We should also remember to view all of this through the local lens of prioritizing residential development as a clearly stated Palo Alto goal. As professionals, we seek a clear and precise set of rules we can rely on in the design process to achieve a predictable result for our clients. A number of individuals spoke in warning when we came before Council in January, and we have been proven correct in stating Palo Alto's urgency ordinance was seriously flawed. Many elements did not properly conform to State legislation. Since then, Staff has adjusted their interpretations, in some cases after being challenged by the professional community, and partly when influenced by input from HCD. The updated document before you makes good progress toward alignment, but we still fall short in some important areas. The Palo Alto ADU Task Force (PAADUTF), now approximately 20 individuals and growing, was created out of a grassroots desire for peer communication between professionals who are active in ADU development. Sharing information regarding regulatory interpretations, design methodology, and construction strategy, this group came together to evaluate the August 17 staff report and associated ordinance language. Unfortunately, we were not aware of the May 27 PTC hearing and recognize this was a missed opportunity to interact with staff. Over the course of five meetings conducted during August and September, the group developed a narrative along with an annotated review of the proposed ordinance. As indicated, two additional meetings were conducted with staff included to review and discuss the information. Several significant points from that discussion have been captured in your staff report. There are others that were not, that we nonetheless feel are critical to implement as part of this update. Through direct and frequent interaction with HCD and supported by other experts active in ADU regulatory action, The PAADUTF has identified several specific areas where the proposed local ordinance departs from the State intent. We recognize Staff feels they have rigorously evaluated the language presented to you tonight, but we do not believe they are entirely correct. The HCD ADU Handbook, released just last week, seems to confirm a few areas where the proposed language is in conflict with HCD’s guidance. As you have heard, if inconsistency is not corrected, there is a significant possibility the ordinance will be challenged and potentially deemed invalid. The most significant issue is the approach taken in the ordinance regarding the Statewide Exemption ADU and how that language relates to all other units, particularly those exceeding 800 square feet. Gov. Code, § 65852.2, subd. (c)(2)(C)​ ​“Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.” 2.b Packet Pg. 30 Staff's interpretation of this section includes a vision that the Exemption Unit is an isolated obligation. In fact, the Statute language says clearly ​“​at least​”​, so we have been told any attempt at creating limitations for units which are larger (daylight plane restrictions, placement on the lot, a limitation for subterranean construction, or basement construction) is simply inconsistent with the State Statute. Another significant departure is the approach taken in regard to 2-story construction. Staff is seeking to create limits on the basis of privacy, but the restrictions they have offered are inconsistent with the statutes. It is important to remember that the State put these new rules in place to shake up the norms, and we need to understand and align with that intent. As an example, HCD has described a scenario where if a lot is so small that 800 sf cannot be accommodated on one level, then 2-stories can be the only option. Because of this, HCD has confirmed there can be no restriction against 2-story units, under any condition. Whether in conformance with an Exemption ADU or larger, 2-story construction must be embraced. We would offer that Santa Cruz has done an excellent job in this area and has elected to allow 22’ of height with additional restrictions for distance from the property line once beyond 16’ of height. (https://www.cityofsantacruz.com/government/city-departments/planning-and-community-development/ac cessory-dwelling-units-adus) Again, there are a number of specific areas of improvement in the proposed ordinance, and we applaud that. What we ask of you tonight is the consideration of 15 areas of concern we identify below, some of which have already been described by Staff. We believe all of these are important and nuanced topics that are truly necessary to implement. Some are changes only included to simplify the development of ADUs, but others are very technical responses to costly or avoidably complex limitations. We ask that you remember our pace is 1,000 units short of our RHNA requirement and that we need to do better and move faster. This set of considerations provides an easy way to encourage the development of additional units with minimal collateral impact when compared to larger, more dense projects with their significant timelines and approval hurdles. 15 Suggestions for Consideration: 1.Alignment with Gov. Code, § 65852.2, subd. (c)(2)(C) a.Remove language that improperly restricts daylight plane, placement on the lot, limitation for subterranean construction, or basement construction. 2.Two-Story a.Provide definition for subterranean 1​st​ level construction. (1​st​ level partially recessed in the ground) i.Clarify how deep this can be without being interpreted as a ‘basement’ 1.Suggest 36” max below existing natural grade as the threshold b.Confirm Staff’s recommendations for privacy management i.Windows obscured when sills are below 5’ above adjacent finish floor on walls parallel to property lines when the structure is within 8’ of a property line ii.Set sills at 5’ above adjacent finish floor on walls parallel to property lines when the structure is within 8’ of a property line iii.Sleeping rooms endeavor to have egress windows located on walls non-adjacent to property lines iv.Use of (operable) skylights in bathrooms and other spaces where windows could be considered optional v.No exterior lighting mounted above 7’ on walls adjacent to property lines to keep it at or below maximum fence height c.Consider adopting language similar to that used in Santa Cruz: Page 2 2.b Packet Pg. 31 i.ADUs higher than one story may be up to 22’ tall at the peak, measured from average grade, and any portion of the structure that exceeds 16’ in height must be set back a minimum of 5’ from the side yard property line and 10’ from the rear yard property line. ii.Exception: An ADU that faces an alley or street can be up to 22’ tall and any portion of the structure that exceeds 16’ in height must be set back 5’ from the side and rear property lines. iii.Detached New Construction ADUs higher than one story shall limit the major access stairs, decks, entry doors, and windows to the interior of the lot or an alley if applicable. Windows that impact the privacy of the neighboring side or rear yards should be minimized or otherwise restricted as in (b.) above 3.Fees a.Significant cost is incurred relative to fees for Plan Check, Building Permit, Planning Impacts, Specialty Consultants, School Fees, etc. They are not always levied in a relative fashion. i.Why not just charge a flat fee based on ADU floor area? ii.Included in that methodology, remove some of the fees to further incentivize ADU construction. b.It is important to note that the proportionate language in regard to Planning Impact Fees for units >750 sf contained in Gov. Code, § 65852.2, subd. (f)(3)(A) creates a significant disincentive for individuals with existing small homes. Please note the following examples: i.Project #1, Demolish an existing detached garage and replace it with a new conforming detached ADU. 1.Main house at 3,427 sf​ and new ​ADU at 800 sf​ = 23.3% = ​$4,511.47 ii.Project #2, Convert an existing detached garage and construct an addition to create a new detached ADU. 1.Main house at 1,209.6 sf​ and new ​ADU at 882 sf​ = 73.0% = ​$14,101.46 c.Both are roughly the same scope but because of the more modest house on Project #2, ​the weighted ratio pushes the fee to be $10k more​. d.Add to this about $9,000 for: School Impact Fees ($3,000), Plan Check Fees ($2,800) and Building Permit Fees ($3,300) - That puts the fees for Project #2 at around $23k, or almost 11% of the total anticipated project construction cost! 4.Subterranean/Basement Construction a.Without some flexibility in this, floor to ceiling heights are substandard (+/- 7’-0”). Codifying this in a thoughtful way can provide tangible improvements in privacy management and enhancement to overall massing. b.Partially subterranean 1​st​ floor lowers 2​nd​ floor and allows 8’ ceilings with a reasonable roof slope Page 3 2.b Packet Pg. 32 c.Adding a basement could reduce an entire floor of height/massing 1.Reduce impact to neighbors 2.Required exclusionary excavation techniques remove any concerns related to dewatering ii.Tree root impacts could be conditioned since the 800 sf exemption ADU is not obligated in regard to underground space iii.Add clarifying language requiring the interior basement FA to count toward the 800 sf exemption triggering the additional area beyond 800 sf to be deducted from overall site FA iv.No further encroachment other than that required for emergency egress. v.Consider, as an additional incentive, allowing a 1200 sf max ADU if 50% of FA is below grade? 5.Minimal increase to non-conforming structures a.Create an allowance to avoid complete demolition or unnecessary complexity due to energy or structural upgrades i.Clarify that it can only be accessed for compliance with energy or structural obligations 1.Grant an additional 12” of height – increase framing depth above top plate rather than hanging, which is structurally complex and reduces ceiling heights. 2.Note that the structure height will still be restricted by the 16’ height limit. 3.Grant an additional 6” in plan on any side for structural seismic sheathing, exterior insulation, or replacement siding, so long as no portion of the structure encroaches beyond the property line. ii.Add a clarification regarding structures with existing parapets. A non-conforming portion of the structure may be modified up to the height of the existing parapet. This can be done without creating an increased impact to neighbors. Previous interpretation of ‘shrink-wrap’ rules should not apply to recessed roof areas below the top of the parapet. This flexibility will allow the interior to be a reasonable residential height. 6.Utility Connections a.Separate meters placed only at the owner’s discretion b.The requirement to provide a separate sewer line for detached ADUs has been directed by the Chief Building Official. i. There is an exception in the Plumbing Code recognized in many jurisdictions to avoid the significant cost this causes (often greater than $9,000) CPC 311.1 ​Exception: Where one building stands in the rear of another building on an interior lot, and no private sewer is available or can be constructed to the rear building through an adjoining court, yard, or driveway, the building drain from the front building shall be permitted to be extended to the rear building. 1.Recognize that the high cost can be viewed as the basis for applying the exception 2.Question - If no separate line is required for an attached ADU, why obligate the cost and complexity for a detached ADU. The outcome is the same so why regulate differently? 3.An alternative to this might be a study performed by experts under CPC 301.3 “Alternate Materials and Methods of Construction Equivalency” with the establishment Page 4 2.b Packet Pg. 33 of standards for equipment (backflow prevention) and cleaning/inspection schedules. Once established in the City, this could be relied on as an alternate approach. c.Routing of utilities at the discretion of property owner (rear alley or another alternate to avoid disruption to landscape or trees) i.This graphic compares three lots with an alley behind. Parcel 3 has an attached ADU and the sewer may connect to the main house line. There is no impact to the site. Parcels1 and 2 have detached ADUs and are currently required to run their sewer line shown as ‘A’, around the main house, and out to the street at the front yard. This is highly problematic, especially if there are protected trees on site. A reasonable option would be to allow the sewer line placement shown by the ‘B’ or ‘C’ routing. 7.Garage replacement associated with Detached ADU a.When replacement covered parking is provided, and attached to an ADU, that area should not count against the 800 sf ‘bonus’ i.Staff has not indicated agreement with this. ii.It represents a significant disincentive toward the creation of covered parking spaces. iii.The space designated as a garage should count against the overall FA and not be allowed if the FAL or Lot Coverage will be exceeded as a result. 8.Retroactive Actions for all ADUs in process after 1/1/2020 (for projects without Building Final) a.Retract ​all​ enacted Deed Restrictions which are not in compliance with the updated regulations i.Require new Deed Restrictions in conformance with the updated requirements b.Refund any overpayment of fees for all projects in process (between approvals and Building Final) since January 1, 2020 for: i.Proportionate Impact Fees, if they remain in place ii.Other fees as adjusted by the revised ordinance iii.Council could elect to refund the full amount or an adjusted amount according to 16.06.110/R108.5 at 80%? 9.Green Building a.The current detached ADU regulations require Tier 2 with exceptions i.Tier 2 obligates requirements for third party preparation of documents and site evaluation which comes at significant cost b.If a homeowner proposes an addition/alteration to their home under 1,000sf, a third party is not required and the project is only required to meet CALGreen Mandatory measures c.To streamline the ADU permitting and construction process, detached ADUs under 1,000 sf should only be required to comply with CALGreen Mandatory for consistency 10.Noise producing equipment a.Allow placement at any location on the property as long as documentation is provided which confirms noise level will be below the 66 decibel limit at the property line. What should be codified for these issues are rules that direct the desired result. Don’t overcomplicate what can be achieved simply. i.Equipment should be <66 dB without accessories such as blankets (can fail/degrade over time) Page 5 2.b Packet Pg. 34 ii.Asking for site-specific studies creates an additional unreasonable cost burden and must be avoided 11.Doorway between ADU and Primary Unit a.This really should be allowed as long as it is a hotel style communicating door. Note that it is allowed for a JADU so why not for an ADU? i.Provides indoor access to care for or interact with the occupant but can be closed if privacy or separation is needed b.Don’t create rules people will routinely circumvent - just remove the unnecessary regulation - Some may take advantage but there is little stopping them anyway 12.60-day Processing a.Sets unrealistic expectations without clear narrative b.Explain how this will be interpreted/implemented c.Note that HCD has indicated the State says once an application is submitted, the City must approve within 60 days or it is automatically approved. i.It is assumed that the clock is stopped when waiting for applicant response to comments, but there is nowhere this is codified and creates frustration for homeowners 13.Sprinkler requirements a.Clarify rules relative to the California State Fire Marshal Information Bulletin 17-001 (1/24/17) i.Current PA implementation is not in alignment with Senate Bill 1069 ii.Safety concerns and physical constraints must be balanced against compliance with the State language 14.Flood Zone a.Better articulate requirements and permitted exceptions i.Consider an example of the Exemption 800 sf ADU in the flood zone on a small lot – if reconstructing a non-conforming structure, it must be allowed to go higher than the 16 foot limitation by the delta between existing grade and the project site base flood elevation to raise the first floor level. 15.Remove requirement to convert “existing” garage/carport a.Only applies to projects where a new home is constructed with the intent of the garage or carport being converted to an ADU as a second ‘step’ after final inspection. b.Allow for a one-phase process i.Offer incentive for streamlining 1.Cannot be setbacks, height, etc. as these are enshrined in Gov. Code, § 65852.2, subd. (c)(2)(C) 2.Could offer an additional fee reduction for saved staff time or something similar While we recognize the Ordinance before you has been in process for the better part of a year, your action tonight will set the tone for what is possible until the next iteration of this language evolves. We are hopeful the commitment you have voiced toward incentivizing residential development, aligned with a stated goal of streamlining the approval of ADUs, will lead you to adopt some version of the 15 points we have presented. As professionals serving as guides to those who wish to construct an ADU, and being tasked with implementing the regulations, we want you to understand how important we believe these items are. If anything, we hope you might consider this as a starting point. We welcome your willingness to perhaps go further and, as many other cities have done, consider the adoption of additional language which will make ADUs more livable, desirable, and affordable. Respectfully submitted, Page 6 Jessica Resmini, Architect Randy Popp, Architect 2.b Packet Pg. 35 Planning & Transportation Commission Staff Report (ID # 12403) Report Type: Approval of Minutes Meeting Date: 6/30/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: May 26, 2021 Draft Meeting Minutes Title: May 26, 2021 Draft PTC Meeting Minutes From: Jonathan Lait Recommendation Staff recommends that the Planning and Transportation Commission (PTC) adopt the meeting minutes. Background Draft minutes from the May 26, 2021 Planning and Transportation Commission (PTC) meetings were made available to the Commissioners prior to the June 30, 2021 meeting date. The draft PTC minutes can be viewed on line on the City’s website at https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Planning-and- Transportation-Commission-PTC 3 Packet Pg. 36 Planning & Transportation Commission Staff Report (ID # 12404) Report Type: Informational Reports Meeting Date: 6/30/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: Accessory Dwelling Units (ADUs) Cost Effectiveness Study Title: 2020 Reach Code Cost-Effectiveness Analysis for New Detached Accessory Dwelling Units (ADUs) From: Jonathan Lait Recommendation This is an informational report for the Planning and Transportation Commission (PTC). Introduction California Building Energy Standards are updated every three years by the California Energy Commission (CEC). The 2019 California Title 24 standards has been in effect since January 1, 2020. Local jurisdictions may adopt reach codes with more stringent requirements than the state standards, e.g. increased energy efficiency standards, or lower greenhouse gas emissions. Reach codes must meet these criteria: (i) compliance with the state-mandated energy requirements, (ii) demonstrated cost-effectiveness, i.e. do not create additional financial burden, 1 and (iii) must not preempt federal appliance efficiency standards. Local jurisdictions must obtain approval from the CEC and file the reach code ordinance with the Building Standards Commission for the ordinance to be legally enforceable. For the current 2019 Title 24 code cycle, Palo Alto has adopted a reach code that mandates all- electric low-rise residential new construction. The reach code exempts Accessory Dwelling Units (ADUs) from this all-electric requirement due to challenges with the space requirements for heat pump water heaters (HPWHs) and setback limitations for exterior installations. Also, it was unclear whether an all-electric mandate for ADUs met the cost effectiveness criterion for reach code adoption. Results of 2020 Reach Code Cost-Effectiveness Analysis for New Detached ADUs Palo Alto joined a 2020 statewide study (“Study”) to assess the cost effectiveness of constructing a new all-electric detached ADU compared to a mixed-fuel detached ADU2. This 1 Section 10-106 of the California Building Energy Efficiency Standards 2 “2020 Reach Code Cost-Effectiveness Analysis: Detached Accessory Dwelling Units”, March 2021. Packet Pg. 37 City of Palo Alto Planning & Development Services Department Page 2 Study was coordinated through the California Energy Codes and Standards Program. The cost effectiveness analysis considers both the upfront infrastructure costs and operational costs for an all-electric versus a mixed-fuel ADU. The Study covered two electrification packages against a mixed-fuel baseline package: (i) Mixed-fuel baseline package: This baseline package assumes mixed-fuel construction, with an extension of the gas line from the primary dwelling unit to the detached ADU. (ii) All-Electric prescriptive minimum package: This package assumes all-electric construction, with electric panel upgrade for the ADU, and no gas line extension from the primary dwelling. The heat pump water heater is assumed to be located in the conditioned space inside the ADU. This package has the same PV size as the mixed-fuel baseline package. (iii) All-Electric Energy Efficiency + PV package: This package has added energy efficiency measures, and additional solar PV. The heat pump water heater is assumed to be located in outside the ADU in an outdoor closet. Table 1 below compares the construction costs of a mixed-fuel ADU versus an all-electric ADU. Overall, the cost of constructing an all-electric ADU is about $1,000 to $1,700 lower than a mixed-fuel ADU, primarily due to cost savings in gas service extension. Table 1: New Detached ADU Construction Costs, All Climate Zones Using City of Palo Alto Utilities’ residential electric and gas rates, the Study results for Palo Alto are summarized in Table 2 below. For each all-electric package, the Energy Design Rating (EDR) https://localenergycodes.com/download/760/file_path/fieldList/2019%20New%20Detached%20ADUs%20Cost- effectiveness%20Report.pdf Packet Pg. 38 City of Palo Alto Planning & Development Services Department Page 3 margin compared to a mixed-fuel package must be positive in order to demonstrate compliance with the Title 24 energy standard requirements, and the Net Present Value (NPV) must also be positive in order to demonstrate cost effectiveness. The Study found that both the All-electric prescriptive minimum package and the All-electric energy efficiency + PV package meet the current Title 24 energy standards and are cost effective. The expected annual GHG emissions reduction of an all-electric package compared to a mixed-fuel package is 0.8 metric tonnes. EDR Margin Net Present Value All-electric prescriptive minimum package 0 $4,186 All-electric energy efficiency + PV package 16.1 $3,120 Table 2: Cost effectiveness results for All-Electric ADUs in Palo Alto Implications for Planning and Transportation Commission Staff will bring forward and the City Council will consider changes to the local reach code regarding all electric ADUs. Such changes, if adopted, would be part of the Building Code and are not under Planning Commission purview. Staff do want to ensure that PTC members are aware of the Study and potential changes. Likewise staff hope this informational report provides an opportunity for public awareness. PTC3 Liaison & Contact Information Rachael Tanner, Assistant Director (650) 329-2441 Rachael.Tanner@cityofpaloalto.org Attachments: • 2020 New Detached ADUs Cost-effectiveness report (PDF) 3 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org Packet Pg. 39 Prepared by: TRC, P2S Engineers Prepared for: Christopher Kuch, Codes and Standards Program, Southern California Edison Company Last modified: 2021/03/12 2020 REACH CODE COST-EFFECTIVENESS ANALYSIS: Detached Accessory Dwelling Units a Packet Pg. 40 Cost-effectiveness Analysis: Detached Accessory Dwelling Units Legal Notice This report was prepared by Southern California Edison Company and funded by the California utility customers under the auspices of the California Public Utilities Commission. Copyright 2021, Southern California Edison Company. All rights reserved, except that this document may be used, copied, and distributed without modification. Neither SCE nor any of its employees makes any warranty, express or implied; or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any data, information, method, product, policy or process disclosed in this document; or represents that its use will not infringe any privately-owned rights including, but not limited to, patents, trademarks or copyrights. Acronym List B/C – Benefit-to-Cost Ratio CBECC - California Building Energy Code Compliance CBSC - California Building Standards Commission CEC - California Energy Commission CZ – Climate Zone GHG - Greenhouse Gas IOU – Investor-Owned Utility POU – Publicly Owned Utility PG&E – Pacific Gas & Electric (utility) SCE – Southern California Edison (utility) SCG – Southern California Gas (utility) SDG&E – San Diego Gas & Electric (utility) CPAU – City of Palo Alto Utilities SMUD – Sacramento Municipal Utility District LADWP – Los Angeles Department of Water and Power kWh – Kilowatt Hour NPV – Net Present Value PV - Solar Photovoltaic TDV - Time Dependent Valuation Title 24 – California Code of Regulations Title 24, Part 6 a Packet Pg. 41 Cost-effectiveness Analysis: Detached Accessory Dwelling Units Summary of Revisions Date Description Reference (page or section) 3/12/2021 Original Release NA a Packet Pg. 42 Cost-effectiveness Analysis: Detached Accessory Dwelling Units TABLE OF CONTENTS 1 Introduction ................................................................................................................................................................ 1 2 Methodology and Assumptions ............................................................................................................................... 2 2.1 Reach Codes ........................................................................................................................................................................ 2 2.1.1 Benefits ......................................................................................................................................................................... 2 2.1.2 Costs ............................................................................................................................................................................. 2 2.1.3 Metrics .......................................................................................................................................................................... 2 2.1.4 Utility Rates ................................................................................................................................................................... 3 2.2 Greenhouse Gas Emissions ................................................................................................................................................. 4 3 Prototypes, Measure Packages, and Costs ............................................................................................................ 5 3.3 Measure Definitions and Costs ............................................................................................................................................. 6 3.3.1 All-Electric ..................................................................................................................................................................... 6 3.3.2 Efficiency and Solar PV ................................................................................................................................................ 7 3.4 Measure Packages ............................................................................................................................................................... 8 4 Results ...................................................................................................................................................................... 10 4.1 All-Electric Prescriptive Minimum Results ........................................................................................................................... 11 4.2 All Electric Plus Efficiency and PV Results ......................................................................................................................... 13 5 Summary .................................................................................................................................................................. 15 6 References ............................................................................................................................................................... 17 7 Appendices .............................................................................................................................................................. 18 7.1 Map of California Climate Zones ......................................................................................................................................... 18 7.2 Mixed Fuel Baseline Energy Figures .................................................................................................................................. 19 7.3 All-Electric Energy Efficiency Only Results ......................................................................................................................... 20 7.4 Utility Rate Schedules ......................................................................................................................................................... 23 7.4.1 Pacific Gas & Electric .................................................................................................................................................. 23 7.4.2 Southern California Edison ......................................................................................................................................... 27 7.4.3 Southern California Gas .............................................................................................................................................. 29 7.4.4 San Diego Gas & Electric............................................................................................................................................ 30 7.4.5 City of Palo Alto Utilities .............................................................................................................................................. 32 7.4.6 Sacramento Municipal Utilities District (Electric Only) ................................................................................................. 34 7.4.7 Los Angeles Department of Water and Power (Electric Only)..................................................................................... 36 7.4.8 Fuel Escalation Rates ................................................................................................................................................. 36 LIST OF TABLES Table 1. Utility Tariffs Used Based on Climate Zone ............................................................................................................................ 3 Table 2. Detached ADU Baseline Mixed-fuel Prototype Characteristics ............................................................................................... 6 Table 3. New Construction Detached ADU Construction Costs, All CZs .............................................................................................. 7 Table 4. Measures for Detached ADU .................................................................................................................................................. 7 Table 5. Solar PV Measure Cost Breakdown ........................................................................................................................................ 8 Table 6. Heat Pump Water Heater Location, All-Electric Prescriptive Baseline .................................................................................... 9 Table 7. Cost-Effectiveness for ADU: All-Electric Prescriptive Minimum, 2019 TDV .......................................................................... 11 a Packet Pg. 43 Cost-effectiveness Analysis: Detached Accessory Dwelling Units Table 8. Cost-Effectiveness for ADU: All-Electric Prescriptive Minimum, 2022 TDV .......................................................................... 12 Table 9. Cost-Effectiveness for ADU: All-Electric Energy Efficiency + Additional PV, 2019 TDV ....................................................... 13 Table 10. Cost-Effectiveness for ADU: All-Electric Energy Efficiency + Additional PV, 2022 TDV Results ........................................ 14 Table 11. Detached ADU Summary of EDR Margin and Cost-Effectiveness...................................................................................... 16 Table 12. Detached ADU Mixed Fuel Baseline ................................................................................................................................... 19 Table 13. Cost-Effectiveness for ADU: All-Electric Energy Efficiency Without PV, 2019 TDV ............................................................ 21 Table 14. Cost-Effectiveness for ADU: All-Electric Energy Efficiency Without PV, 2022 TDV ............................................................ 22 Table 15. Real Utility Rate Escalation Rate Assumptions ................................................................................................................... 37 LIST OF FIGURES Figure 1. Map of California climate zones. .......................................................................................................................................... 18 a Packet Pg. 44 a Packet Pg. 45 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 1 Introduction localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 1 Introduction The California Building Energy Efficiency Standards Title 24, Part 6 (Title 24) (CEC, 2019) is maintained and updated every three years by two state agencies: the California Energy Commission (the Energy Commission) and the Building Standards Commission (BSC). In addition to enforcing the code, local jurisdictions have the authority to adopt local energy efficiency ordinances—or reach codes—that exceed the minimum standards defined by Title 24 (as established by Public Resources Code Section 25402.1(h)2 and Section 10-106 of the Building Energy Efficiency Standards). Local jurisdictions must demonstrate that the requirements of the proposed ordinance are cost-effective and do not result in buildings consuming more energy than is permitted by Title 24. In addition, the jurisdiction must obtain approval from the Energy Commission and file the ordinance with the BSC for the ordinance to be legally enforceable. This report documents cost-effective combinations of measures that exceed the minimum state requirements, the 2019 Building Energy Efficiency Standards, effective January 1, 2020, for newly constructed detached Accessory Dwelling Unit (ADU) buildings. This report was developed in coordination with the California Statewide Investor-Owned Utilities (CA IOUs) Codes and Standards Program, key consultants, and engaged cities—collectively known as the Reach Code Team. The Reach Code Team published a residential new construction report in 2019 that documented the cost-effectiveness of energy measure packages of single family and low-rise multifamily prototypes (Statewide Reach Code Team, 2019). Based on stakeholder requests, this report extends that analysis to Residential Detached Accessory Dwelling Units (ADUs). Measures include energy efficiency, electrification, solar photovoltaics (PV), and battery storage. The Department of Energy (DOE) sets minimum efficiency standards for equipment and appliances that are federally regulated under the National Appliance Energy Conservation Act, including heating, cooling, and water heating equipment (E-CFR, 2020). Since state and local governments are prohibited from adopting higher minimum efficiencies than the federal standards require, the focus of this study is to identify and evaluate cost-effective packages that do not include high efficiency heating, cooling, and water heating equipment. High efficiency appliances are often the easiest and most affordable measures to increase energy performance. While federal preemption limits reach code mandatory requirements for covered appliances, in practice, builders may install any package of compliant measures to achieve the performance requirements. a Packet Pg. 46 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 2 Methodology and Assumptions localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 2 Methodology and Assumptions The Reach Codes Team analyzed one prototype design to represent a detached ADU building using the cost- effectiveness methodology detailed in this section below. The general methodology is consistent with analyses of other prototypes, whereas some specifics such as utility rate selection are customized for the residential detached ADU prototype. 2.1 Reach Codes This section describes the approach to calculating cost-effectiveness including benefits, costs, metrics, and utility rate selection. 2.1.1 Benefits This analysis used both on-bill and time dependent valuation (TDV) of energy-based approaches to evaluate cost- effectiveness. Both on-bill and TDV require estimating and quantifying the energy savings and costs associated with energy measures. The primary difference between on-bill and TDV is how energy is valued: • On-Bill: Customer-based lifecycle cost approach that values energy based upon estimated site energy usage and customer on-bill savings using electricity and natural gas utility rate schedules over a 30-year duration for the detached ADU accounting for a three percent discount rate and energy cost inflation per Appendix 7.4 . • TDV: TDV was developed by the Energy Commission to reflect the time dependent value of energy including long-term projected costs of energy such as the cost of providing energy during peak periods of demand and other societal costs including projected costs for carbon emissions and grid transmission impacts. This metric values energy use differently depending on the fuel source (gas, electricity, and propane), time of day, and season. Electricity used (or saved) during peak periods has a much higher value than electricity used (or saved) during off-peak periods. The Reach Code Team performed energy simulations using the most recent software available for 2019 Title 24 code compliance analysis, CBECC-Res 2019.1.3. The Team also used CBECC-Res 2022.0.1 RV for testing the impacts of updated weather files and 2022 TDV multipliers on cost-effectiveness. 2022 weather files have more cooling loads and less heating loads, and 2022 TDV multipliers increased significantly for fossil-fuel sources to reflect CO2 price forecasts and emissions abatement, while comparatively reducing for electricity to reflect increased renewable generation penetration (California Energy Commission, 2019). 2.1.2 Costs The Reach Code Team assessed the incremental costs and savings of the energy packages over the lifecycle of 30 years. Incremental costs represent the equipment, installation, replacements, and maintenance costs of the proposed measure relative to the 2019 Title 24 Standards minimum requirements or standard industry practices. The Reach Code Team obtained measure costs from manufacturer distributors, contractors, literature review, and online sources such as Home Depot and RS Means. Taxes and contractor markups were added as appropriate. Maintenance and replacement costs are included. 2.1.3 Metrics Cost-effectiveness is presented using net present value (NPV) and benefit-to-cost (B/C) ratio metrics. • NPV: The Reach Code Team uses net savings (NPV benefits minus NPV costs) as the cost-effectiveness metric. If the net savings of a measure or package is positive, it is considered cost effective. Negative net savings represent net costs to the consumer. A measure that has negative energy cost benefits (energy cost increase) can still be cost effective if the costs to implement the measure are even more negative (i.e., construction and maintenance cost savings). a Packet Pg. 47 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 3 Methodology and Assumptions localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 • B/C Ratio: Ratio of the present value of all benefits to the present value of all costs over 30 years (NPV benefits divided by NPV costs). The criteria for cost-effectiveness is a B/C greater than 1.0. A value of one indicates the savings over the life of the measure are equivalent to the incremental cost of that measure. A value greater than one represents a positive return on investment. Improving the energy performance of a building often requires an initial investment. In most cases the benefit is represented by annual on-bill utility or TDV savings, and the cost by incremental first cost and replacement costs. However, some packages result in initial construction cost savings (negative incremental cost), and either energy cost savings (positive benefits), or increased energy costs (negative benefits). In cases where both construction costs and energy-related savings are negative, the construction cost savings are treated as the benefit while the increased energy costs are the cost. In cases where a measure or package is cost-effective immediately (i.e., upfront construction cost savings and lifetime energy cost savings), B/C ratio cost-effectiveness is represented by “>1”. Because of these situations, NPV savings are also reported, which, in these cases, are positive values. 2.1.4 Utility Rates In coordination with the CA IOU rate team, and the publicly available information for several Publicly-Owned-Utilities (POUs), the Reach Code Team determined appropriate utility rates for each climate zone and package. The utility tariffs, summarized in Table 1, were determined based on the annual load profile of the prototype and the corresponding package, the most prevalent rate in each territory, and information assuring that the rates were not getting phased out. TRC assumed that the ADU would have a separate electric and gas meter. A time-of-use (TOU) rate was applied to all cases. For cases with PV generation, the approved NEM tariffs were applied along with minimum daily use billing and mandatory non-bypassable charges. For the PV cases annual electric production was always less than annual electricity consumption; and therefore, no credits for surplus generation were necessary. For a more detailed breakdown of the rates selected refer to Appendix 7.2 - Utility Rate Schedules. Table 1. Utility Tariffs Used Based on Climate Zone Climate Zones Electric / Gas Utility Electricity Natural Gas IOUs 1-5,11-13,16 PG&E E-TOU Option C G-1 6, 8-10, 14, 15 SCE / Southern California Gas Company TOU-D Option 4-9 GM 7, 10, 14 San Diego Gas and Electric Company (SDG&E) TOU-DR-1 GM POUs 4 City of Palo Alto (CPAU) E-1 G-1 12 Sacramento Municipal Utility District (SMUD) / PG&E R TOD Option 5-8 G-1 6, 8, 9 Los Angeles Department of Water and Power (LADWP) / SCG R-1 GM (GM-E) 16 Los Angeles Department of Water and Power (LADWP) / PG&E R-1 G-1 Utility rates are assumed to escalate over time, using assumptions from research conducted by Energy and Environmental Economics (E3) in the 2019 study Residential Building Electrification in California (Energy & Environmental Economics, 2019). Escalation of natural gas rates between 2020 and 2022 is based on the currently a Packet Pg. 48 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 4 Methodology and Assumptions localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 filed General Rate Cases for PG&E, SoCalGas and SDG&E. From 2023 through 2025, gas rates are assumed to escalate at four percent per year above inflation, which reflects historical rate increases between 2013 and 2018. Escalation of electricity rates from 2020 through 2025 is assumed to be four percent per year above inflation, based on electric utility estimates. After 2025, escalation rates for both natural gas and electric rates are assumed to drop to a more conservative one percent escalation per year above inflation for long-term rate trajectories beginning in 2026 through 2050. See Appendix 7.4 - Utility Rate Schedules for additional details. 2.2 Greenhouse Gas Emissions The analysis uses the greenhouse gas (GHG) emissions estimates built-in to CBECC-Res. There are 8760 hourly multipliers accounting for time dependent energy use and carbon emissions based on source emissions, including renewable portfolio standard projections. Natural gas fugitive emissions, which are shown to be substantial, are not included. There are two strings of multipliers—one for Northern California climate zones, and another for Southern California climate zones.1. 1 CBECC-Res multipliers are the same for CZs 1-5 and 11-13 (presumed to be Northern California), while there is another set of multipliers for CZs 6-10 and 14-16 (assumed to be Southern California). a Packet Pg. 49 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 5 Prototypes, Measure Packages, and Costs localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 3 Prototypes, Measure Packages, and Costs This section describes the prototype and the scope of analysis drawing from previous 2019 Reach Code research where necessary. A customized detached ADU prototype was built to reflect California construction. TRC designed the baseline prototype to be mixed fuel and have total EDR margins as close to zero as possible to reflect a prescriptively compliant new construction building in each climate zone. ADUs are additional dwelling units typically built on the property of an existing single-family parcel. ADUs are defined as new construction in the energy code when they are ground-up developments, do not convert an existing space to livable space, and are not attached to the primary dwelling. The Reach Code Team leveraged prior research and performed interviews to help define the detached ADU baseline and measure packages, primarily to include infrastructural costs. 3.1 Prior Reach Code Research In 2019, the Statewide CA IOU Reach Codes Team analyzed the cost-effectiveness of residential new construction projects for mixed-fuel plus efficiency, all-electric plus efficiency, and demand flexibility packages (Statewide Reach Codes Team 2019a). Using this analysis, several cities and counties in California adopted local energy code amendments encouraging or requiring that low-rise residential new construction to be all-electric. However, many jurisdictions exempted ADUs from these requirements due to uncertainties around how infrastructural and operational costs may be different between mixed-fuel and all-electric detached ADUs, and to avoid potentially stifling ADU development. Because the mixed-fuel packages plus efficiency ADUs are not subject to jurisdictional exemptions, this study focuses on a new construction all-electric detached ADU and discerns how infrastructural costs and operational costs may impact the cost-effectiveness compared to a mixed-fuel baseline. 3.2 Prototype Characteristics To determine a typical set of ADU characteristics, the Reach Code team contacted over twenty ADU builders and city staff members from regions representing Sacramento, the San Francisco Bay Area, the Los Angeles area, and the San Diego area. Ultimately, four builders with construction experience with multiple projects and two city staff members with experience reviewing and approving ADU project plans were interviewed. Respondents indicated that there are not particular determinants for siting and sizing detached ADUs other than the site conditions—maximizing available space is the key consideration. Responses varied greatly on detached ADU size, as client preference, location, and avoidance of impact fees were expressed as considerations. Sizes can range from roughly 300 ft2 for a studio to over 1200 ft2 for a two-bedroom unit. The Reach Code team selected an average size of 750 ft2 as a typical size for a detached ADU. 750 ft2 also relates to a threshold for state regulation over which impact fees and discretionary approval would be applied. Some other findings include: • Setback requirements follow the four-foot setback requirements of state Assembly Bill 881. Mechanical equipment may not reside in the setbacks, however, interviewees indicated that there is always one side of the ADU that isn’t against a setback. Mechanical equipment can usually be placed along those sides and be hidden by a shed or fence. • Mechanical equipment footprints may be too big to include inside an ADU with limited floor area, so clients tend to want to locate the mechanical equipment outside. This is reflected in the all-electric Package 2 (see Section 3.4). • Some cities have noise ordinances that limit maximum decibels at the property line, which may pose issues for exterior heat pump water heaters or heating, ventilation, and air-conditioning (HVAC) equipment. These maximum noise requirements range from 50-66 decibels (dBs), and exterior heat pump equipment commonly ranges between 45-60 decibels at the equipment. Interviewees did not express significant concerns about a Packet Pg. 50 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 6 Prototypes, Measure Packages, and Costs localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 noise ordinances because manufacturers can provide sound blankets to reduce the decibel rating by five or more decibels, or developers can locate equipment in an insulated shed to reduce noise. • When adding a detached ADU the primary dwelling’s electrical panel and service connection nearly always needs to be upgraded at least to a 125-amp panel, and at least a 200-amp panel where solar PV is being installed. A 225-amp panel is also common. Electrical upgrades cost roughly $3500, for most common existing panel sizes or upgraded panel sizes. • The distance between the detached ADU and primary dwelling can range widely due to lot size and location of meter and other infrastructure, from as little as five feet to over 100 feet. Based on respondent feedback, the Reach Code Team used an average distance of 50 feet as the length for both the natural gas and electrical line extensions for costing purposes. • Cities do not impose a differing fee structure between all-electric or mixed-fuel ADU design. Fees range from $4,000 - $6,000 including inspections. Table 2 summarizes the ADU prototype characteristics, based on prescriptive Title 24 new construction requirements. Table 2. Detached ADU Baseline Mixed-fuel Prototype Characteristics Conditioned floor area (ft2) 750 Number of stories 1 Distance from primary dwelling (ft) 50 Wall U-factor 0.048 (CZ 1-5, 8-16), 0.065 (CZ 6,7) Roof Assembly Option B in Table 150.1-A of Title 24 2019 Window-to-floor area ratio 20% Solar PV size Each climate zone sized as ‘Specific PV System Scaling’ = 1 offsetting 100% of electricity load 3.3 Measure Definitions and Costs ADU measures fall into two categories: those associated with building all-electric, and those associated with general efficiency and demand flexibility. 3.3.1 All-Electric For HVAC and water heating appliance-related costs, the Reach Code Team primarily leveraged measure definitions and costs from the 2019 Residential New Construction Reach Code Cost-Effectiveness Study. For HVAC system, air- conditioning is included in both baseline and proposed models. For in-house and site infrastructure the Reach Code Team developed new data based on interviews and RS Means. The Reach Code Team found that a new detached ADU would require that the building owner upgrade the service connection to the lot in both the mixed-fuel ADU design and the all-electric design. The most common size for this upgrade is 225A, which would not represent an incremental cost from the mixed-fuel project to the all-electric project. Feeder wiring to the ADU and the ADU subpanel will need to be slightly upgraded for the all-electric design. Electric vehicle (EV) infrastructure upgrades are excluded from this analysis as ADUs are not required to have dedicated parking – however, a 225-amp panel is likely to be sufficient for some EV infrastructure for a majority of existing homes. The total cost for the all-electric measures is summarized in Table 3. a Packet Pg. 51 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 7 Prototypes, Measure Packages, and Costs localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 Table 3. New Construction Detached ADU Construction Costs, All CZs Mixed-Fuel Cost All-Electric Measure All-Electric Cost All-Electric Incremental Cost Source Appliances: Space heater, water heater, clothes dryer, range. ($221) Residential New Construction Report (2019) Table 6 In-house gas plumbing $540 In-house electrical upgrades for branch circuits $600 $60 RSMeans Site gas service extension $1,998 No site gas service $0 ($1998) Interviews, RSMeans Site electrical service connection upgrade 225A $3,500 Site electrical service connection upgrade 225A $3,500 $0 100A Feeder to ADU with breaker $933 125A feeder to ADU $1,206 $273 100A ADU subpanel $733 125A ADU subpanel $946 $213 Outdoor closet n/a Heat pump water heater closet* $650 $650 Total (HPWH outside closet) $7,704 $6,901 ($1,024) Total (HPWH in conditioned space) $7,704 $6,251 ($1,674) * Additional cost for outdoor closet is required only for climate zones where heat pump water heater is located ‘Outside’. 3.3.2 Efficiency and Solar PV The Reach Code team used the efficiency measures and costs developed in the 2019 Residential New Construction report (2019). The measures are summarized below by climate zone, including measure costs, in Table 4. Table 4. Measures for Detached ADU Measure Name Applicable Climate Zones Incremental Cost Description Cost for ADU Prototype Verified low leakage ducts in conditioned space (including HERS* verification) All $0.31/ft2 of floor area + $110 HERS test $343 Low pressure drop ducts - 2% vs 5% All $96/hr labor for installation $96 Reduced infiltration: 3ACH50 vs 5ACH50 13, 14, 16 $0.115/ft2 + $100 HERS test $186 Exterior wall insulation: R-7.5 vs R-5 (U-0.043) 15 $0.36/ft2 of floor area $272 High performance attics: R-38 attic floor + R-30 Under Deck 1, 11-16 $0.34/ft2 attic floor + $1.61/ft2 roof $1,563 Cool roof - 0.25 vs 0.20 9-15 $0.09/ft2 of roof $73 Improved fenestration 1, 2, 16 $4.23/ft2 of window $381 a Packet Pg. 52 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 8 Prototypes, Measure Packages, and Costs localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 Measure Name Applicable Climate Zones Incremental Cost Description Cost for ADU Prototype Slab edge insulation: R-10 vs R-0 1-5, 10-15 $4/linear foot $339 Solar PV to offset 90% of the annual electricity use** All $3.99/Wdc $800-$6,200 depending on climate zone Total Costs $4,500 - $10,253 depending on climate zone. *HERS = Home Energy Rating System **Incremental cost for added PV over and above the prescriptive PV size in baseline models. The cost for solar PV is derived from an LBNL study (Barbose, 2019) and Rooftop Solar PV System Measure Study (California Energy Commission, 2017), summarized in Table 5. Solar PV prices have been discounted to reflect the federal solar investment tax credit, by an average of 26% over 2021 and 2022. Table 5. Solar PV Measure Cost Breakdown Unit Cost, $2020 Present Value Useful Life (yrs.) Source Solar PV System $3.70 / Wdc 30 LBNL Study Inverter Replacement, year 11 $0.15 / Wdc 10 E3 Rooftop Solar PV System Report (CEC 2017)2 Inverter Replacement, year 21 $0.12 / Wdc 10 Annual Maintenance Costs $0.02 / Wdc 1 Total $3.99 / Wdc 3.4 Measure Packages The Reach Code Team examined the two electrification packages against a baseline mixed-fuel prescriptive package: • Detached ADU Baseline Package: Mixed-fuel prescriptively built, including gas utility extension from primarily dwelling to detached ADU. • All-Electric Prescriptive Minimum: All-electric prescriptively built, including heat pump water heater location per Residential Alternate Calculation Method (ACM), shown in Table 6. Includes electric utility extension upgrade from the primary dwelling to the detached ADU and avoided cost of gas utility extension. This package has the same PV size as mixed-fuel prescriptive baseline model, offsetting 100 percent of annual electricity demand. • All-Electric Energy Efficiency + PV: All-electric prescriptively built as above, except water heater location is outside in exterior closet in all climate zones except Climate Zones 14, 15, and 16, plus energy efficiency measures, and additional solar PV (offsetting 90 percent of kWh load) to improve cost-effectiveness based on prior reach code research. 2 Available at: https://efiling.energy.ca.gov/getdocument.aspx?tn=221366 a Packet Pg. 53 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 9 Prototypes, Measure Packages, and Costs localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 Table 6. Heat Pump Water Heater Location, All-Electric Prescriptive Baseline Source: California Energy Commission, Residential ACM The Reach Code Team analyzed some additional measure packages: • 2022 TDV: Both electrification packages, ‘Prescriptive Minimum’ and ‘Energy Efficiency + PV’ are analyzed against the mixed-fuel baseline package using 2022 TDV multipliers and weather files in CBECC-Res 2022 software. • Efficiency-Only: The All-Electric Energy Efficiency + PV package is analyzed using CBECC-Res 2019 without solar PV measure to evaluate the impact of efficiency measures alone, in the case that solar PV cannot be installed due to shading. a Packet Pg. 54 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 10 Results localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 4 Results Results are presented as per the prototype-specific Measure Packages described in Section 3. There are several overarching factors to keep in mind when reviewing the results include: • What constitutes a ‘benefit’ or a ‘cost’ varies with the scenarios because both energy savings, and incremental construction costs may be negative depending on the package. Typically, utility bill savings are categorized as a ‘benefit’ while incremental construction costs are treated as ‘costs.’ In cases where both construction costs are negative and utility bill savings are negative, the construction cost savings are treated as the ‘benefit’ while the utility bill negative savings are the ‘cost.’ • All-electric packages will have lower GHG emissions than mixed-fuel packages in all cases, due to the clean power sources currently available from California’s power providers. • Since January 2020, compliance of low-rise residential building is analyzed using Energy Design Rating (EDR). This rating scales from 1 to 100 with 100 being the performance equivalent of a 2006 International Energy Conservation Code (IECC). This study uses ‘Total EDR Margin’ as a compliance metric that accounts for all compliant loads along with renewable energy and battery storage. ‘Total EDR Margin’ of 0 represents a prescriptively compliant building that exactly matches the minimum energy budget prescribed by the 2019 T24 code. • To receive the Energy Commission’s approval, local reach codes that amend the energy code must both be cost effective compared to the mixed-fuel baseline package and exceed the energy performance budget using ‘Total EDR Margin’ metric (i.e., have a positive compliance margin) compared to the standard model in the compliance software. To emphasize these two important factors, the figures in this Section highlight in green the modeling results that have a positive compliance margin and/or are cost effective. This will allow readers to identify whether a scenario is fully or partially supportive of a reach code, and the opportunities/challenges that the scenario presents. Conversely, Section 5 only highlights results that have both a positive compliance margin and are cost effective, to allow readers to identify reach code-ready scenarios. • When performance modeling residential buildings of three stories or less (such as the Detached ADU), the Standard Design is electric if the Proposed Design is electric, which removes TDV-related penalties and associated negative compliance margins. This essentially allows for a compliance pathway for all-electric residential buildings. • As mentioned in Section 2.1.4, the Reach Code Team coordinated with utilities to select tariffs for each prototype given the annual energy demand profile and the most prevalent rates in each utility territory. The Reach Code Team did not compare a variety of tariffs to determine their impact on cost-effectiveness although utility rate changes or updates can affect on-bill cost-effectiveness results. • As a point of comparison, mixed-fuel baseline energy figures are provided in Appendix 7.2. • The cost-effectiveness results for 2022 analysis differs from 2019 mainly in $TDV savings, but also differs slightly in energy consumption which translates in minor difference in on-bill energy savings. The Reach Code Team has not reported the software outputs for 2022 EDR margins as the 2022 Title 24 Part 6 code is still being developed. a Packet Pg. 55 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 11 Results localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 4.1 All-Electric Prescriptive Minimum Results Table 7 shows results of the ADU all-electric prescriptive minimum compared to a mixed-fuel baseline using 2019 TDV, with heat pump water heater location as per Residential ACM manual (reference Table 6). With federal-minimum efficiencies for mechanical equipment, the all-electric prescriptive pathway is not cost effective in any climate zone using IOU rates with 2019 TDV. However, with relatively lower electric prices and higher gas prices of POUs, the package is on-bill cost effective in some climate zones. Table 7. Cost-Effectiveness for ADU: All-Electric Prescriptive Minimum, 2019 TDV CZ Utility Annual Elec Savings (kWh) Annual Gas Savings (therms) Annual GHG Reductions (mtons) Total EDR Margin Incremental Package Cost Lifecycle Utility Cost Savings Lifecycle $TDV Savings B/C Ratio (On-bill) B/C Ratio (TDV) NPV (On-bill) NPV (TDV) CZ01 PG&E (3,600) 259 0.1 0.00 ($1,024) ($7,213) ($6,951) 0.1 0.1 ($6,190) ($5,927) CZ02 PG&E (2,646) 198 0.3 0.00 ($1,674) ($3,753) ($3,897) 0.4 0.4 ($2,079) ($2,223) CZ03 PG&E (2,397) 174 0.3 0.00 ($1,024) ($3,518) ($4,366) 0.3 0.2 ($2,495) ($3,342) CZ04 PG&E (2,263) 170 0.3 0.00 ($1,674) ($2,996) ($2,765) 0.6 0.6 ($1,322) ($1,092) CZ04-2 CPAU (2,263) 170 0.3 0.00 ($1,674) $1,389 ($2,765) >1 0.6 $3,062 ($1,092) CZ05 PG&E (2,524) 170 0.2 0.00 ($1,024) ($4,969) ($4,883) 0.2 0.2 ($3,945) ($3,860) CZ05-2 SCG (2,524) 170 0.2 0.00 ($1,024) ($4,842) ($4,883) 0.2 0.2 ($3,818) ($3,860) CZ06 SCE (1,853) 136 0.3 0.00 ($1,024) ($2,943) ($3,154) 0.3 0.3 ($1,920) ($2,131) CZ06-2 LA (1,853) 136 0.3 0.00 ($1,024) $1,357 ($3,154) >1 0.3 $2,381 ($2,131) CZ07 SDG&E (1,604) 121 0.3 0.00 ($1,024) ($3,993) ($3,035) 0.3 0.3 ($2,970) ($2,012) CZ08 SCE (1,594) 122 0.4 0.00 ($1,674) ($2,282) ($2,279) 0.7 0.7 ($609) ($605) CZ08-2 LA (1,594) 122 0.4 0.00 ($1,674) $1,477 ($2,279) >1 0.7 $3,151 ($605) CZ09 SCE (1,669) 128 0.6 0.00 ($1,674) ($2,403) ($2,476) 0.7 0.7 ($729) ($803) CZ09-2 LA (1,669) 128 0.6 0.00 ($1,674) $1,509 ($2,476) >1 0.7 $3,183 ($803) CZ10 SDG&E (1,714) 130 0.5 0.00 ($1,674) ($5,035) ($2,544) 0.3 0.7 ($3,362) ($871) CZ10-2 SCE (1,714) 130 0.5 0.00 ($1,674) ($2,549) ($2,544) 0.7 0.7 ($876) ($871) CZ11 PG&E (2,333) 177 0.4 0.00 ($1,674) ($3,533) ($3,676) 0.5 0.5 ($1,859) ($2,003) CZ12 PG&E (2,319) 182 0.5 0.00 ($1,674) ($2,695) ($3,257) 0.6 0.5 ($1,022) ($1,584) CZ12-2 SMUD (2,319) 182 0.5 0.00 ($1,674) $627 ($3,257) >1 0.5 $2,301 ($1,584) CZ13 PG&E (2,158) 167 0.3 0.00 ($1,674) ($2,683) ($3,334) 0.6 0.5 ($1,009) ($1,661) CZ14 SDG&E (2,388) 175 0.7 0.00 ($1,674) ($7,894) ($3,378) 0.2 0.5 ($6,220) ($1,705) CZ14-2 SCE (2,388) 175 0.7 0.00 ($1,674) ($4,476) ($3,378) 0.4 0.5 ($2,803) ($1,705) CZ15 SCE (1,330) 99 (0.2) 0.00 ($1,674) ($1,766) ($2,398) 0.9 0.7 ($92) ($724) CZ16 PG&E (3,439) 274 (0.3) 0.00 ($1,674) ($5,558) ($6,187) 0.3 0.3 ($3,885) ($4,514) CZ16-2 LA (3,439) 274 (0.3) 0.00 ($1,674) $2,821 ($6,187) >1 0.3 $4,495 ($4,514) a Packet Pg. 56 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 12 Results localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 As shown in Table 8 below, the all-electric prescriptive minimum detached ADU is cost effective on TDV basis in all climate zones except 1 and 16 when using 2022 TDV and weather files, in contrast with results using 2019 TDV. Table 8. Cost-Effectiveness for ADU: All-Electric Prescriptive Minimum, 2022 TDV CZ Utility Annual Elec Savings (kWh) Annual Gas Savings (therms) Annual GHG Reductions (mtons) Total EDR Margin Upfront Incremental Package Cost Lifecycle Utility Cost Savings Lifecycle $TDV Savings B/C Ratio (On-bill) B/C Ratio (TDV) NPV (On-bill) NPV (TDV) CZ01 PG&E (3,353) 242 0.7 0.00 ($1,024) ($6,533) ($1,656) 0.2 0.6 ($5,509) ($632) CZ02 PG&E (2,445) 180 0.7 0.00 ($1,674) ($3,617) $219 0.5 >1 ($1,944) $1,893 CZ03 PG&E (2,111) 153 0.6 0.00 ($1,024) ($3,192) ($7) 0.3 137.2 ($2,168) $1,016 CZ04 PG&E (1,880) 142 0.6 0.00 ($1,674) ($2,437) ($167) 0.7 10.0 ($763) $1,507 CZ04-2 CPAU (1,880) 142 0.6 0.00 ($1,674) $2,513 ($167) >1 10.0 $4,186 $1,507 CZ05 PG&E (2,113) 145 0.6 0.00 ($1,024) ($3,904) ($811) 0.3 1.3 ($2,880) $212 CZ05-2 SCG (2,113) 145 0.6 0.00 ($1,024) ($3,564) ($811) 0.3 1.3 ($2,541) $212 CZ06 SCE (1,623) 121 0.4 0.00 ($1,024) ($2,545) $62 0.4 >1 ($1,521) $1,086 CZ06-2 LA (1,623) 121 0.4 0.00 ($1,024) $1,381 $62 >1 >1 $2,405 $1,086 CZ07 SDG&E (1,563) 117 0.4 0.00 ($1,024) ($4,231) $98 0.2 >1 ($3,207) $1,122 CZ08 SCE (1,426) 114 0.4 0.00 ($1,674) ($1,738) $606 1.0 >1 ($64) $2,279 CZ08-2 LA (1,426) 114 0.4 0.00 ($1,674) $1,598 $606 >1 >1 $3,271 $2,279 CZ09 SCE (1,517) 119 0.4 0.00 ($1,674) ($1,986) $239 0.8 >1 ($312) $1,912 CZ09-2 LA (1,517) 119 0.4 0.00 ($1,674) $1,556 $239 >1 >1 $3,229 $1,912 CZ10 SDG&E (1,631) 125 0.4 0.00 ($1,674) ($4,978) $537 0.3 >1 ($3,304) $2,210 CZ10-2 SCE (1,631) 125 0.4 0.00 ($1,674) ($2,363) $537 0.7 >1 ($689) $2,210 CZ11 PG&E (2,155) 163 0.7 0.00 ($1,674) ($3,472) $192 0.5 >1 ($1,798) $1,865 CZ12 PG&E (2,108) 163 0.7 0.00 ($1,674) ($2,788) $244 0.6 >1 ($1,114) $1,917 CZ12-2 SMUD (2,108) 163 0.7 0.00 ($1,674) $464 $244 >1 >1 $2,138 $1,917 CZ13 PG&E (1,887) 143 0.7 0.00 ($1,674) ($2,765) ($93) 0.6 18.0 ($1,092) $1,581 CZ14 SDG&E (2,187) 158 0.4 0.00 ($1,674) ($7,311) ($321) 0.2 5.2 ($5,638) $1,353 CZ14-2 SCE (2,187) 158 0.4 0.00 ($1,674) ($4,058) ($321) 0.4 5.2 ($2,385) $1,353 CZ15 SCE (1,286) 97 0.5 0.00 ($1,674) ($1,636) ($112) 1.0 15.0 $38 $1,562 CZ16 PG&E (3,137) 249 0.5 0.00 ($1,674) ($4,873) ($2,248) 0.3 0.7 ($3,200) ($575) CZ16-2 LA (3,137) 249 0.5 0.00 ($1,674) $2,502 ($2,248) >1 0.7 $4,175 ($575) a Packet Pg. 57 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 13 Results localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 4.2 All Electric Plus Efficiency and PV Results Table 9 shows results of the all-electric prescriptive minimum using 2019 TDV with 1) heat pump water heater location is outside in exterior closet in all climate zones except Climate Zones 14, 15, and 16, 2) energy efficiency measures, and 3) additional solar PV capacity. The all-electric detached ADU is cost effective using either the on-bill or TDV approach in several climate zones. Also, similar to the package above, it is always on-bill cost effective using POU rates. Table 9. Cost-Effectiveness for ADU: All-Electric Energy Efficiency + Additional PV, 2019 TDV CZ Utility Annual Elec Savings (kWh) Annual Gas Savings (therms) Annual GHG Reduction s (mtons) Total EDR Margin Upfront Incremental Package Cost Lifecycle Utility Cost Savings Lifecycle $TDV Savings B/C Ratio (On- bill) B/C Ratio (TDV) NPV (On- bill) NPV (TDV) CZ01 PG&E (524) 259 0.8 29.30 $5,794 $4,323 $4,123 0.7 0.7 ($1,472) ($1,671) CZ02 PG&E (497) 198 0.8 18.70 $3,207 $2,159 $3,333 0.7 1.0 ($1,048) $126 CZ03 PG&E (459) 174 0.8 19.00 $2,363 $2,331 $2,348 1.0 1.0 ($32) ($15) CZ04 PG&E (465) 170 0.7 16.10 $2,314 $1,934 $2,635 0.8 1.1 ($380) $320 CZ04-2 CPAU (465) 170 0.7 16.10 $2,314 $5,434 $2,635 2.3 1.1 $3,120 $320 CZ05 PG&E (472) 170 0.7 20.00 $2,339 $2,538 $2,206 1.1 0.9 $199 ($133) CZ05-2 SCG (472) 170 0.7 20.00 $2,339 $2,664 $2,206 1.1 0.9 $326 ($133) CZ06 SCE (427) 136 0.6 16.10 $1,512 $1,836 $1,898 1.2 1.3 $324 $386 CZ06-2 LA (427) 136 0.6 16.10 $1,512 $4,487 $1,898 3.0 1.3 $2,975 $386 CZ07 SDG&E (404) 121 0.6 14.00 $1,170 $2,843 $1,134 2.4 1.0 $1,672 ($36) CZ08 SCE (421) 122 0.6 12.20 $1,244 $1,503 $1,618 1.2 1.3 $260 $375 CZ08-2 LA (421) 122 0.6 12.20 $1,244 $4,058 $1,618 3.3 1.3 $2,814 $375 CZ09 SCE (439) 128 0.8 12.90 $1,317 $1,641 $2,170 1.2 1.6 $324 $853 CZ09-2 LA (439) 128 0.8 12.90 $1,317 $4,227 $2,170 3.2 1.6 $2,910 $853 CZ10 SDG&E (449) 130 0.8 12.20 $1,680 $2,168 $2,065 1.3 1.2 $488 $385 CZ10-2 SCE (449) 130 0.8 12.20 $1,680 $1,632 $2,065 1.0 1.2 ($49) $385 CZ11 PG&E (535) 177 0.9 15.00 $3,975 $1,994 $3,433 0.5 0.9 ($1,980) ($542) CZ12 PG&E (494) 182 0.9 15.60 $4,121 $1,508 $3,510 0.4 0.9 ($2,613) ($611) CZ12-2 SMUD (494) 182 0.9 15.60 $4,121 $4,685 $3,510 1.1 0.9 $564 ($611) CZ13 PG&E (525) 167 0.7 13.30 $3,991 $1,917 $3,109 0.5 0.8 ($2,074) ($881) CZ14 SDG&E (515) 175 1.1 15.90 $3,316 $3,257 $3,874 1.0 1.2 ($59) $558 CZ14-2 SCE (515) 175 1.1 15.90 $3,316 $2,363 $3,874 0.7 1.2 ($953) $558 CZ15 SCE (544) 99 0.2 7.40 $1,744 $1,630 $1,534 0.9 0.9 ($115) ($210) CZ16 PG&E (547) 274 0.4 23.10 $4,091 $3,785 $3,801 0.9 0.9 ($306) ($290) CZ16-2 LA (547) 274 0.4 23.10 $4,091 $9,042 $3,801 2.2 0.9 $4,951 ($290) a Packet Pg. 58 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 14 Results localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 Table 10 shows that All-Electric detached ADUs are TDV cost effective in all climate zones using 2022 TDV when including efficiency measures and additional solar PV. Note that the EDR margins have been removed since the 2022 Title 24 Part 6 code has not yet completed rulemaking at the time of the draft, but preliminary results indicate that all EDR margins will be positive. Table 10. Cost-Effectiveness for ADU: All-Electric Energy Efficiency + Additional PV, 2022 TDV Results CZ Utility Annual Elec Savings (kWh) Annual Gas Savings (therms) Annual GHG Reductions (mtons) Total EDR Margin Upfront Incremental Package Cost Lifecycle Utility Cost Savings Lifecycle $TDV Savings B/C Ratio (On-bill) B/C Ratio (TDV) NPV (On- bill) NPV (TDV) CZ01 PG&E (512) 242 0.3 >0 $5,648 $3,588 $7,903 0.6 1.4 ($2,060) $2,255 CZ02 PG&E (479) 180 0.4 >0 $3,012 $1,936 $6,490 0.6 2.2 ($1,076) $3,478 CZ03 PG&E (441) 153 0.3 >0 $2,070 $2,119 $5,235 1.0 2.5 $49 $3,165 CZ04 PG&E (444) 142 0.4 >0 $1,875 $1,780 $4,473 0.9 2.4 ($95) $2,597 CZ04-2 CPAU (444) 142 0.4 >0 $1,875 $5,210 $4,473 2.8 2.4 $3,335 $2,597 CZ05 PG&E (443) 145 0.4 >0 $1,949 $2,121 $4,416 1.1 2.3 $173 $2,468 CZ05-2 SCG (443) 145 0.4 >0 $1,949 $2,461 $4,416 1.3 2.3 $513 $2,468 CZ06 SCE (413) 121 0.3 >0 $1,049 $1,550 $4,256 1.5 4.1 $501 $3,208 CZ06-2 LA (413) 121 0.3 >0 $1,049 $4,067 $4,256 3.9 4.1 $3,018 $3,208 CZ07 SDG&E (409) 117 0.3 >0 $1,073 $2,480 $3,899 2.3 3.6 $1,407 $2,826 CZ08 SCE (431) 114 0.3 >0 $975 $1,458 $4,086 1.5 4.2 $483 $3,110 CZ08-2 LA (431) 114 0.3 >0 $975 $3,825 $4,086 3.9 4.2 $2,850 $3,110 CZ09 SCE (434) 119 0.3 >0 $1,049 $1,608 $4,002 1.5 3.8 $560 $2,954 CZ09-2 LA (434) 119 0.3 >0 $1,049 $3,960 $4,002 3.8 3.8 $2,912 $2,954 CZ10 SDG&E (457) 125 0.3 >0 $1,485 $1,760 $4,404 1.2 3.0 $274 $2,919 CZ10-2 SCE (457) 125 0.3 >0 $1,485 $1,525 $4,404 1.0 3.0 $40 $2,919 CZ11 PG&E (524) 163 0.4 >0 $3,853 $1,517 $5,752 0.4 1.5 ($2,336) $1,899 CZ12 PG&E (481) 163 0.4 >0 $3,829 $1,293 $5,448 0.3 1.4 ($2,535) $1,619 CZ12-2 SMUD (481) 163 0.4 >0 $3,829 $4,066 $5,448 1.1 1.4 $237 $1,619 CZ13 PG&E (514) 143 0.4 >0 $3,503 $2,400 $4,852 0.7 1.4 ($1,103) $1,349 CZ14 SDG&E (496) 158 0.3 >0 $2,731 $2,772 $5,873 1.0 2.2 $41 $3,142 CZ14-2 SCE (496) 158 0.3 >0 $2,731 $2,090 $5,873 0.8 2.2 ($641) $3,142 CZ15 SCE (539) 97 0.5 >0 $1,549 $1,608 $3,383 1.0 2.2 $58 $1,834 CZ16 PG&E (526) 249 0.3 >0 $3,871 $3,173 $6,689 0.8 1.7 ($698) $2,818 CZ16-2 LA (526) 249 0.8 >0 $3,871 $8,099 $6,689 2.1 1.7 $4,227 $2,818 a Packet Pg. 59 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 15 Summary localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 5 Summary The Reach Codes Team developed packages of energy efficiency measures as well as packages combining energy efficiency with solar PV generation, simulated them in building modeling software, and gathered costs to determine the cost-effectiveness of multiple scenarios. The Reach Codes Team coordinated assumptions with multiple utilities, cities, and building community experts to develop a set of assumptions considered reasonable in the current market. Changing assumptions, such as the period of analysis, measure selection, cost assumptions, energy escalation rates, or utility tariffs are likely to change results. Table 11 summarizes results for each prototype and depicts the compliance margins achieved for each climate zone and package. Because local reach codes must both exceed the Energy Commission performance budget (i.e., have a positive compliance margin) and be cost-effective, the Reach Code Team highlighted cells meeting these two requirements to help clarify the upper boundary for potential reach code policies: • Cells highlighted in green depict a positive compliance margin and cost-effective results using both On-Bill and TDV approaches. • Cells highlighted in yellow depict a positive compliance and cost-effective results using either the On-Bill or TDV approach. • Cells not highlighted either depict a negative compliance margin or a package that was not cost effective using either the On-Bill or TDV approach. The Reach Code Team found that all-electric detached ADUs can have positive compliance margins and are cost effective in all climate zones through either the utility bill or TDV metrics when compared to a mixed fuel baseline. This is true for either prescriptive minimum or efficiency + PV packages. To promote decarbonization, local jurisdictions may choose to include new construction detached ADUs in all-electric requirements. a Packet Pg. 60 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 16 Summary localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 Table 11. Detached ADU Summary of EDR Margin and Cost-Effectiveness CZ Utility All Electric, 2019 EDR All Electric, 2022 EDR Code Minimum EE+PV Code Minimum EE+PV CZ01 PG&E 0.0 29.3 0.0 >0 CZ02 PG&E 0.0 18.7 0.0 >0 CZ03 PG&E 0.0 19.0 0.0 >0 CZ04 PG&E 0.0 16.1 0.0 >0 CZ04-2 CPAU 0.0 16.1 0.0 >0 CZ05 PG&E 0.0 20.0 0.0 >0 CZ05-2 SCG 0.0 20.0 0.0 >0 CZ06 SCE 0.0 16.1 0.0 >0 CZ06-2 LADWP 0.0 16.1 0.0 >0 CZ07 SDG&E 0.0 14.0 0.0 >0 CZ08 SCE 0.0 12.2 0.0 >0 CZ08-2 LADWP 0.0 12.2 0.0 >0 CZ09 SCE 0.0 12.9 0.0 >0 CZ09-2 LADWP 0.0 12.9 0.0 >0 CZ10 SDG&E 0.0 12.2 0.0 >0 CZ10-2 SCE 0.0 12.2 0.0 >0 CZ11 PG&E 0.0 15.0 0.0 >0 CZ12 PG&E 0.0 15.6 0.0 >0 CZ12-2 SMUD 0.0 15.6 0.0 >0 CZ13 PG&E 0.0 13.3 0.0 >0 CZ14 SDG&E 0.0 15.9 0.0 >0 CZ14-2 SCE 0.0 15.9 0.0 >0 CZ15 SCE 0.0 7.4 0.0 >0 CZ16 PG&E 0.0 23.1 0.0 >0 CZ16-2 LADWP 0.0 23.1 0.0 >0 a Packet Pg. 61 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 17 References localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 6 References Barbose, G. a. (2019, October). Tracking the Sun. Pricing and Design Trends for Distributed Photovoltaic Systems in the United States 2019 Edition. Retrieved from https://emp.lbl.gov/sites/default/files/tracking_the_sun_2019_report.pdf California Energy Commission. (2017). Rooftop Solar PV System. Measure number: 2019-Res-PV-D Prepared by Energy and Environmental Economics, Inc. Retrieved from https://efiling.energy.ca.gov/getdocument.aspx?tn=221366 California Energy Commission. (2019). Retrieved from https://ww2.energy.ca.gov/title24/2022standards/prerulemaking/documents/2019-10-17_workshop/2019- 10-17_presentations.php E3. (2020). E3 Rooftop Solar PV System Report. Retrieved from https://efiling.energy.ca.gov/getdocument.aspx?tn=221366 E-CFR. (2020). https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=8de751f141aaa1c1c9833b36156faf67&mc=true&n=pt10.3.431&r=PART&ty=HTM L#se10.3.431_197. Retrieved from Electronic Code of Federal Regulations: https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=8de751f141aaa1c1c9833b36156faf67&mc=true&n=pt10.3.431&r=PART&ty=HTM L#se10.3.431_197 National Renewable Energy Laboratory. (2018). National Renewable Energy Laboratory (NREL) Q1 2018. Retrieved from https://www.nrel.gov/docs/fy19osti/72399.pdf Self Generation Incentive Program. (2020). Retrieved from http://localenergycodes.com/download/430/file_path/fieldList/PV%20Plus%20Battery%20Storage%20Repor t Statewide Reach Code Team. (2019, August). 2019 Cost-effectiveness Study: Low-Rise Residential New Construction. Prepared for Pacific Gas and Electric Company. Prepared by Frontier Energy. Retrieved from https://localenergycodes.com/download/800/file_path/fieldList/2019%20Res%20NC%20Reach%20Codes a Packet Pg. 62 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 18 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 7 Appendices 7.1 Map of California Climate Zones Climate zone geographical boundaries are depicted in Figure 1. The map in Figure 1 along with a zip-code search directory is available at: https://ww2.energy.ca.gov/maps/renewable/building_climate_zones.html Figure 1. Map of California climate zones. a Packet Pg. 63 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 19 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 7.2 Mixed Fuel Baseline Energy Figures Table 12 show the annual electricity and natural gas consumption and on-bill cost, total EDR margin, and GHG emissions for each prototype under the mixed-fuel design baseline. The non-zero EDR margins are largely a result of compliance software complexities, and they are not expected to significantly impact the proposed case results or nature of recommendations. The annual kWh usage is 0 since code requires that PV offset 100 percent of kWh usage. Table 12. Detached ADU Mixed Fuel Baseline CZ Utility Annual Electricity Consumption (kWh) Annual Natural Gas Consumption (Therms) Annual Electricity Cost Annual Natural Gas Cost Total Annual Utility Cost Annual GHG Emissions (mtons) CZ01 PG&E 0 259 $194 $358 $552 1.0 CZ02 PG&E 0 198 $194 $269 $463 0.9 CZ03 PG&E 0 174 $189 $237 $425 0.9 CZ04 PG&E 0 170 $185 $231 $416 0.8 CZ04-2 CPAU 0 170 $131 $297 $429 0.8 CZ05 PG&E 0 170 $167 $232 $399 0.8 CZ05-2 SCG 0 170 $167 $237 $404 0.8 CZ06 SCE 0 136 $156 $202 $358 0.8 CZ06-2 LA 0 136 $124 $202 $326 0.8 CZ07 SDG&E 0 121 $160 $200 $359 0.8 CZ08 SCE 0 122 $161 $187 $348 0.9 CZ08-2 LA 0 122 $124 $187 $311 0.9 CZ09 SCE 0 128 $172 $193 $366 1.1 CZ09-2 LA 0 128 $125 $193 $318 1.1 CZ10 SDG&E 0 130 $166 $215 $381 1.0 CZ10-2 SCE 0 130 $183 $195 $379 1.0 CZ11 PG&E 0 177 $205 $244 $450 1.0 CZ12 PG&E 0 182 $197 $250 $447 1.0 CZ12-2 SMUD 0 182 $293 $250 $542 1.0 CZ13 PG&E 0 167 $224 $231 $454 0.9 CZ14 SDG&E 0 175 $178 $290 $468 1.4 CZ14-2 SCE 0 175 $212 $243 $455 1.4 CZ15 SCE 0 99 $333 $163 $496 0.5 CZ16 PG&E 0 274 $181 $379 $560 0.6 CZ16-2 LA 0 274 $123 $379 $502 0.6 a Packet Pg. 64 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 20 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 7.3 All-Electric Energy Efficiency Only Results Table 13 and Table 14 show the cost-effectiveness results for the all-electric energy efficiency package without PV compared to the mixed-fuel baseline without PV, in scenarios where PV cannot be installed. Without PV, the efficiency packages selected are cost effective under 2022 TDV in most Climate Zones. It is likely that a different set of efficiency measures can improve cost effectiveness, given that the all-electric prescriptive minimum is TDV cost-effective (reference Table 8), though optimization of efficiency measure packages have not been examined in this study. Note that the 2022 EDR margins have been removed since the 2022 Title 24 Part 6 code has not yet completed rulemaking at the time of the draft, but preliminary results indicate that all EDR margins will be positive. a Packet Pg. 65 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 21 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 Table 13. Cost-Effectiveness for ADU: All-Electric Energy Efficiency Without PV, 2019 TDV CZ Utility Elec Savings (kWh) Gas Savings (therms) GHG Reductions (mtons) Total EDR Margin Incremental Package Cost Lifecycle Utility Cost Savings $TDV Savings B/C Ratio (On-bill) B/C Ratio (TDV) NPV (On-bill) NPV (TDV) CZ01 PG&E (2,760) 259 0.8 9.30 $1,698 ($7,485) ($3,679) -4.4 -2.2 ($9,183) ($5,377) CZ02 PG&E (2,492) 198 0.6 1.00 $135 ($7,004) ($3,739) -51.9 -27.7 ($7,139) ($3,874) CZ03 PG&E (2,151) 174 0.5 2.80 ($246) ($6,522) ($3,578) 0.0 0.1 ($6,276) ($3,332) CZ04 PG&E (2,171) 170 0.5 0.30 ($246) ($6,890) ($3,428) 0.0 0.1 ($6,644) ($3,182) CZ04-2 CPAU (2,171) 170 0.5 0.30 ($246) ($3,483) ($3,428) 0.1 0.1 ($3,237) ($3,182) CZ05 PG&E (2,284) 170 0.5 2.70 ($246) ($7,393) ($4,140) 0.0 0.1 ($7,147) ($3,894) CZ05-2 SCG (2,284) 170 0.5 2.70 ($246) ($7,266) ($4,140) 0.0 0.1 ($7,021) ($3,894) CZ06 SCE (1,790) 136 0.4 1.70 ($585) ($3,428) ($2,823) 0.2 0.2 ($2,843) ($2,238) CZ06-2 LA (1,790) 136 0.4 1.70 ($585) $1,475 ($2,823) >1 0.2 $2,060 ($2,238) CZ07 SDG&E (1,592) 121 0.4 0.70 ($585) ($5,304) ($3,042) 0.1 0.2 ($4,719) ($2,457) CZ08 SCE (1,622) 122 0.4 0 ($585) ($2,987) ($2,644) 0.2 0.2 ($2,402) ($2,059) CZ08-2 LA (1,622) 122 0.4 0 ($585) $1,405 ($2,644) >1 0.2 $1,990 ($2,059) CZ09 SCE (1,685) 128 0.4 1.50 ($512) ($2,763) ($2,198) 0.2 0.2 ($2,251) ($1,686) CZ09-2 LA (1,685) 128 0.4 1.50 ($512) $1,481 ($2,198) >1 0.2 $1,993 ($1,686) CZ10 SDG&E (1,714) 130 0.4 1.60 ($173) ($6,070) ($2,211) 0.0 0.1 ($5,897) ($2,038) CZ10-2 SCE (1,714) 130 0.4 1.60 ($173) ($2,821) ($2,211) 0.1 0.1 ($2,649) ($2,038) CZ11 PG&E (2,255) 177 0.5 2.60 $1,390 ($5,976) ($2,879) -4.3 -2.1 ($7,366) ($4,270) CZ12 PG&E (2,282) 182 0.5 1.20 $1,390 ($6,151) ($3,012) -4.4 -2.2 ($7,541) ($4,403) CZ12-2 SMUD (2,282) 182 0.5 1.20 $1,390 $730 ($3,012) 0.5 -2.2 ($661) ($4,403) CZ13 PG&E (2,084) 167 0.5 2.40 $1,577 ($5,407) ($2,465) -3.4 -1.6 ($6,983) ($4,041) CZ14 SDG&E (2,066) 175 0.6 4.50 $927 ($5,783) ($1,635) -6.2 -1.8 ($6,710) ($2,562) CZ14-2 SCE (2,066) 175 0.6 4.50 $927 ($3,804) ($1,635) -4.1 -1.8 ($4,731) ($2,562) CZ15 SCE (949) 99 0.4 4.80 $1,013 ($413) ($10) -0.4 0.0 ($1,426) ($1,023) CZ16 PG&E (2,872) 274 0.9 5.10 $799 ($6,367) ($4,021) -8.0 -5.0 ($7,166) ($4,820) CZ16-2 LA (2,872) 274 0.9 5.10 $799 $3,889 ($4,021) 4.9 -5.0 $3,090 ($4,820) a Packet Pg. 66 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 22 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 Table 14. Cost-Effectiveness for ADU: All-Electric Energy Efficiency Without PV, 2022 TDV CZ Utility Elec Savings (kWh) Gas Savings (therms) GHG Reductions (mtons) Total EDR Margin Incremental Package Cost Lifecycle Utility Cost Savings $TDV Savings B/C Ratio (On- bill) B/C Ratio (TDV) NPV (On-bill) NPV (TDV) CZ01 PG&E (2,629) 242 0.7 >0 $1,698 ($7,361) $1,769 -4.3 1.0 ($9,059) $71 CZ02 PG&E (2,279) 180 0.5 >0 $135 ($6,500) $1,060 -48.2 7.9 ($6,635) $925 CZ03 PG&E (1,958) 153 0.4 >0 ($246) ($6,269) $764 0.0 >1 ($6,023) $1,009 CZ04 PG&E (1,852) 142 0.4 >0 ($246) ($6,124) $57 0.0 >1 ($5,879) $303 CZ04-2 CPAU (1,852) 142 0.4 >0 ($246) ($3,703) $57 0.1 >1 ($3,457) $303 CZ05 PG&E (1,984) 145 0.4 >0 ($246) ($6,680) ($167) 0.0 1.5 ($6,434) $78 CZ05-2 SCG (1,984) 145 0.4 >0 ($246) ($6,340) ($167) 0.0 1.5 ($6,095) $78 CZ06 SCE (1,585) 121 0.4 >0 ($585) ($2,706) $615 0.2 >1 ($2,121) $1,200 CZ06-2 LA (1,585) 121 0.4 >0 ($585) $1,466 $615 >1 >1 $2,051 $1,200 CZ07 SDG&E (1,520) 117 0.4 >0 ($585) ($5,017) $528 0.1 >1 ($4,432) $1,113 CZ08 SCE (1,499) 114 0.3 >0 ($585) ($2,627) $493 0.2 >1 ($2,042) $1,078 CZ08-2 LA (1,499) 114 0.3 >0 ($585) $1,456 $493 >1 >1 $2,041 $1,078 CZ09 SCE (1,545) 119 0.3 >0 ($512) ($2,351) $421 0.2 >1 ($1,839) $933 CZ09-2 LA (1,545) 119 0.3 >0 ($512) $1,511 $421 >1 >1 $2,023 $933 CZ10 SDG&E (1,641) 125 0.4 >0 ($173) ($5,824) $674 0.0 >1 ($5,651) $847 CZ10-2 SCE (1,641) 125 0.4 >0 ($173) ($2,814) $674 0.1 >1 ($2,641) $847 CZ11 PG&E (2,087) 163 0.4 >0 $1,390 ($5,602) $1,063 -4.0 0.8 ($6,993) ($328) CZ12 PG&E (2,094) 163 0.4 >0 $1,390 ($5,856) $634 -4.2 0.5 ($7,246) ($757) CZ12-2 SMUD (2,094) 163 0.4 >0 $1,390 $500 $634 0.4 0.5 ($890) ($757) CZ13 PG&E (1,786) 143 0.4 >0 $1,577 ($4,659) $995 -3.0 0.6 ($6,236) ($582) CZ14 SDG&E (1,887) 158 0.5 >0 $927 ($5,466) $1,460 -5.9 1.6 ($6,393) $534 CZ14-2 SCE (1,887) 158 0.5 >0 $927 ($3,266) $1,460 -3.5 1.6 ($4,193) $534 CZ15 SCE (917) 97 0.3 >0 $1,013 ($361) $2,200 -0.4 2.2 ($1,374) $1,187 CZ16 PG&E (2,642) 249 0.8 >0 $799 ($6,054) $354 -7.6 0.4 ($6,853) ($445) CZ16-2 LA (2,642) 249 0.8 >0 $799 $3,419 $354 4.3 0.4 $2,620 ($445) a Packet Pg. 67 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 23 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 7.4 Utility Rate Schedules The Reach Codes Team used the CA IOU and POU rate tariffs detailed below to determine the On-Bill savings for each package. 7.4.1 Pacific Gas & Electric a Packet Pg. 68 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 24 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 a Packet Pg. 69 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 25 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 a Packet Pg. 70 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 26 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 a Packet Pg. 71 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 27 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 7.4.2 Southern California Edison a Packet Pg. 72 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 28 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 a Packet Pg. 73 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 29 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 7.4.3 Southern California Gas a Packet Pg. 74 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 30 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 7.4.4 San Diego Gas & Electric a Packet Pg. 75 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 31 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 a Packet Pg. 76 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 32 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 7.4.5 City of Palo Alto Utilities a Packet Pg. 77 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 33 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 a Packet Pg. 78 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 34 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 The ‘Commodity and Volumetric Rates’ are selected for the latest available month of December 2020.3 7.4.6 Sacramento Municipal Utilities District (Electric Only) 3 https://www.cityofpaloalto.org/civicax/filebank/documents/30399 a Packet Pg. 79 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 35 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 a Packet Pg. 80 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 36 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 7.4.7 Los Angeles Department of Water and Power (Electric Only) 7.4.8 Fuel Escalation Rates Escalation of natural gas rates between 2020 and 2022 is based on the currently filed General Rate Cases for PG&E, SoCalGas, and SDG&E. From 2023 through 2025, gas rates are assumed to escalate at 4 percent per year above inflation, which reflects historical rate increases between 2013 and 2018. Escalation of electricity rates from 2020 through 2025 is assumed to be 2 percent per year above inflation, based on electric utility estimates. After 2025, escalation rates for both natural gas and electric rates are assumed to drop to a more conservative 1 percent escalation per year above inflation for long-term rate trajectories beginning in 2026 through 2050. Table 15 below demonstrate the escalation rates used for residential (detached ADU) buildings. a Packet Pg. 81 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 37 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 Table 15. Real Utility Rate Escalation Rate Assumptions Statewide Electric Residential Average Rate (%/year, real) Natural Gas Residential Core Rate (%/yr escalation, real) PG&E SoCalGas SDG&E 2020 2.0% 1.48% 6.37% 5.00% 2021 2.0% 5.69% 4.12% 3.14% 2022 2.0% 1.11% 4.12% 2.94% 2023 2.0% 4.0% 4.0% 4.0% 2024 2.0% 4.0% 4.0% 4.0% 2025 2.0% 4.0% 4.0% 4.0% 2026 1.0% 1.0% 1.0% 1.0% 2027 1.0% 1.0% 1.0% 1.0% 2028 1.0% 1.0% 1.0% 1.0% 2029 1.0% 1.0% 1.0% 1.0% 2030 1.0% 1.0% 1.0% 1.0% 2031 1.0% 1.0% 1.0% 1.0% 2032 1.0% 1.0% 1.0% 1.0% 2033 1.0% 1.0% 1.0% 1.0% 2034 1.0% 1.0% 1.0% 1.0% 2035 1.0% 1.0% 1.0% 1.0% 2036 1.0% 1.0% 1.0% 1.0% 2037 1.0% 1.0% 1.0% 1.0% 2038 1.0% 1.0% 1.0% 1.0% 2039 1.0% 1.0% 1.0% 1.0% 2040 1.0% 1.0% 1.0% 1.0% 2041 1.0% 1.0% 1.0% 1.0% 2042 1.0% 1.0% 1.0% 1.0% 2043 1.0% 1.0% 1.0% 1.0% 2044 1.0% 1.0% 1.0% 1.0% 2045 1.0% 1.0% 1.0% 1.0% 2046 1.0% 1.0% 1.0% 1.0% 2047 1.0% 1.0% 1.0% 1.0% 2048 1.0% 1.0% 1.0% 1.0% 2049 1.0% 1.0% 1.0% 1.0% Source: Energy & Environmental Economics, 2019, Reach Code Team a Packet Pg. 82 Cost-effectiveness Analysis: Detached Accessory Dwelling Units 38 Appendices localenergycodes.com California Energy Codes & Standards | A statewide utility program 2021-03-12 Get In Touch The adoption of reach codes can differentiate jurisdictions as efficiency leaders and help accelerate the adoption of new equipment, technologies, code compliance, and energy savings strategies. As part of the Statewide Codes & Standards Program, the Reach Codes Subprogram is a resource available to any local jurisdiction located throughout the state of California. Our experts develop robust toolkits as well as provide specific technical assistance to local jurisdictions (cities and counties) considering adopting energy reach codes. These include cost-effectiveness research and analysis, model ordinance language and other code development and implementation tools, and specific technical assistance throughout the code adoption process. If you are interested in finding out more about local energy reach codes, the Reach Codes Team stands ready to assist jurisdictions at any stage of a reach code project. Visit LocalEnergyCodes.com to access our resources and sign up for newsletters Contact info@localenergycodes.com for no-charge assistance from expert Reach Code advisors Follow us on Twitter a Packet Pg. 83